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North Dakota Questions & Answers
2 Answers | Asked in Immigration Law for North Dakota on
Q: I was recently found guilty of not staying at the scene of an accident in ND. Will this affect my citizenship app
Carl Shusterman
Carl Shusterman
answered on May 4, 2018

You should show a copy of your record of conviction with an experienced immigration attorney.

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2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: I need help with determining if I can get a holding deposit back on an apartment we were denied

Me, my wife, and a friend of ours applied for a 2 bedroom house in grand forks north dakota. Our friend was denied on her application, although me and my wife was approved and we make enough income between the 2 of us for the minimum income requirement. Would we all be denied then? And if so do... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

Generally, a tenant that does not qualify will qualify if co-tenants qualify, as you alluded to. Generally speaking, a landlord cannot keep a deposit if a contact was never entered into. You described the deposit as a "holding deposit". Therefore, the consideration the landlord gave... View More

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1 Answer | Asked in Civil Rights, Contracts and Real Estate Law for North Dakota on
Q: We are buying house in gackle ND. We owe money on it. We bought it on a Hand shake the town we live in is pressuring

The owner of the property to kick us out by telling him they will attach Leins on the house, that we owe, if they don't remove us from the house. They've, city counsel members and others, told him many untrue statements about us, the states attorney called him and asked him what can he... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

There are too many unknown details to provide any accurate legal information.

Contact an attorney for a consultation on the matter - many perform the initial consultation for free.

1 Answer | Asked in Personal Injury for North Dakota on
Q: My friend stayed at my apartment and caused a fire that damaged other units in the building.

Now I'm being sued even though I wasn't there when the fire occurred. What do I do if I don't have renters' insurance?

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

You should certainly seek legal counsel to mitigate the damages you may be liable for if you have not already. Also consider your legal options against your friend that started the fire.

This is general information, and I am unable to provide adequate legal advice without first discussing...
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1 Answer | Asked in Child Custody for North Dakota on
Q: I’m 16 just curious what I do to have my grandma get custody of me?

does She need an attorney or can I go somewhere and just tell them I want to live with her

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

A custody determination would have to be made under North Dakota Century Code 14-09. The court may heavily weigh the custody preference of a mature minor child. Your grandma would want to seek an attorney, but is not required. The other option would be to be for you to be emancipated as an... View More

1 Answer | Asked in Child Custody for North Dakota on
Q: ND custody filed no order in place can other parent leave the state with her children

Was just served with divorce and custody papers today. I am looking to go back to PA with my parents and take my 3 children. Can I legally leave with the if there is no order in place?

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

North Dakota Century Code 14-09 deals with custody of children. 14-09-07. Residence of child. 1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent,... View More

1 Answer | Asked in Child Custody for North Dakota on
Q: Can I relocate 35 miles in state from non-custodial parent to be closer to work without letter of intent in ND?

I have found an affordable apartment right next to my work place 35 miles away from the non-custodial parent. My move will not affect his parenting schedule whatsoever and the move will benefit my daughter because I will be able to spend more time with her instead of her going to daycare during my... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

Generally, the express terms of the Divorce Decree will prevail. However, I am unable to provide adequate legal advice without first speaking with you at length about the particular facts and circumstances of your situation.

1 Answer | Asked in Child Custody for North Dakota on
Q: I gave my wife permission to travel with my kids to Mexico but does not want to return them back. What can I do? Thanks
Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

If you do not have a court order on custody, you should seek a court order. N.D.C.C. 14-09 deals with Child Custody.

This is general legal information, and I cannot provide adequate legal advice without first speaking with you at length about the facts and circumstances of your particular...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: what if my nephew age out before F4 priority date
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

Does CSPA apply to his case?

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be included in the parents petition. For example, a...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: What if my unmarried nephew age out on the sister case for I-130 F4 catogery when priority date becomes current
Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

He may be eligible for a green card under the Child Status Protection Act.

A “child” is defined as an individual who is unmarried and under the age of 21. The recurrent problem was that some petitions took many years to process and the child "aged out" and could not be...
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1 Answer | Asked in Immigration Law for North Dakota on
Q: Does north dakota require a green card to work?

He will be getting married to a us citizen nov 26th, he has a us social security card, visa, and birth certificate already just no green card yet

Carl Shusterman
Carl Shusterman
answered on Apr 27, 2018

No, a green card but an EAD work permit. He will get an EAD about 4-5 months after applying for a green card.

1 Answer | Asked in Child Custody for North Dakota on
Q: Do we go to mediation?

I was served a summons for joint residential responsibility in North Dakota. I agree it should be joint. If I fill out the answer to the summons as I agree to all, do we then go to mediation to determine the details of said joint custody? Or does the court determine a parenting plan? i.e. what... View More

Lucas Wynne
Lucas Wynne
answered on Apr 18, 2018

Mediation will help you settle remaining disputes without court intervention, which is beneficial to both parents, the children, and the court. Frankly, however, you should not be handling this on your own - there are too many "gotchya" laws that an result in unfair child support payments... View More

1 Answer | Asked in Domestic Violence for North Dakota on
Q: I got a domestic violence unlawful use of a car and reckless endangerment, what can I do?

In North Dakota

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

You can and should hire a lawyer, you will not be able to effectively handle these charges on your own. Attorneys like myself offer free consultations and serve clients throughout the state.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Extracting sms from a seized cell phone can police get a warrant or prosecute in any way depending on what was said?
Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

In North Dakota, whether the police will be able to use the evidence at trial depends on whether the judge permits it - that will depend on the outcome of motion hearings, the application of the Rules of Evidence, etc.

1 Answer | Asked in Criminal Law for North Dakota on
Q: How do I file a motion to amend criminal judgement on a motion to accelerate on deferred sentence.

When I never violated my probation and all fines and fees are paid before my probation is up. I Also had my updated address in there system and they sent my motion to accelerate paperwork to a place i never lived but yet they managed to send my criminal judgement paper work and my order to show... View More

Lucas Wynne
Lucas Wynne
answered on Apr 3, 2018

It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Employment Law for North Dakota on
Q: Is a k9 sniff sufficient probable cause to search a stopped vehicle
Lucas Wynne
Lucas Wynne
answered on Mar 26, 2018

Do not post any additional information about your case online. You do not want to reveal enough information for the police to identify you. Instead, contact a criminal defense lawyer for help. Many attorneys like myself offer free consultations. The answer to your question depends on the particular... View More

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1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl
answered on Mar 26, 2018

Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are... View More

1 Answer | Asked in Child Support for North Dakota on
Q: hello i just recently just had a daughter and me and the mother are sharing custody. Can we not accept support?

We are wondering if we both help support our daughter in every way but dont live together.

We both dont want help from child support and want to do this ourselves and not ask for state help can we?

Lucas Wynne
Lucas Wynne
answered on Mar 23, 2018

If you are going through a custody battle, the second it goes into court there will be child support established. Whether you want it to be established or not will not matter to the court. Why? Because the state considers child support the right of the child, not the parents. The only way to avoid... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is throwing chocolate milk on a concrete wall that can be cleaned considered vandalism?

I my friend and i threw a kids size carton of chocolate milk at the side of a mall where the dumpsters are and they said they are going to charge us wih vandalism, could i fight this?

Lucas Wynne
Lucas Wynne
answered on Mar 20, 2018

Attorneys like myself offer free consultations for this type of issue. If you are charged with a crime as a result of this, you should speak with an attorney immediately. You should not be posting information about what occurred or admitting to your actions on the internet.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?
Lucas Wynne
Lucas Wynne
answered on Mar 18, 2018

You're divorced, an appeal won't impact being divorced.

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