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North Dakota Questions & Answers
1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Does a father have as much custody as the mom without going to court yet? In ND.

The mother wont let the father see his daughter. The mother moved to a different town farther from him and she is denying him his rights to see her. No court order has been made yet but she hasnt talked to him since July and she ignores every message she sends him. She also has him blocked on... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Without a court order, neither has many rights (if any) at all. Time to file a custody proceeding.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Is it legal to use a fake non-government ID to verify your identity on Facebook?

For a personal-use account that is not being used to defraud, bully, or stalk. Currently there is no way to use a pseudonym on Facebook regardless of reasons (victim of stalking/domestic violence, trans, or just people that don't use their legal surname online.) Public/Private Library Card,... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Can i sue my last landlord for $2000 payment we agreed upon for moving out early and can i get interest for late payment

We recently moved out of a duplex due to the place being sold by the landlord and the new owner wanted to live in the basement where we were living, we agreed to break our lease and move out for a payment of $2000 as well as our security deposit back as long as no damages occured. we got the... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Likely, get a lawyer.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: What is the time limit for any dog to be outside in minus degree weather in North Dakota ? 24/7
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

I am unaware of any such law. However, you could likely find yourself with an animal abuse charge for keeping a dog out in cruel conditions.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Calif License, in North Dakota citied for doing 75 in a 65. Best way to get ticket dismissed, insurance cant find out.
Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Insurance can find out before any judgment is rendered on the ticket, so you're out of luck there. Best way to get the ticket dismissed is to challenge it if they, in fact, cannot prove you were speeding.

1 Answer | Asked in Child Support, Securities Law, Social Security and Tax Law for North Dakota on
Q: Is there a legal way to be exempt from paying tax? Also a legal way to cash out all of your social security?

I want to be able to have money for my retirement or to leave to my children when I pass away with the New president election for 2020 im afraid I will loss all the money put into my social security over the years and im not willing to risk that because are new president wants to change are... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Although you cannot avoid taxes, you may want to look into trusts in South Dakota.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: I received a text message from my landlord that he was having a crew come in to clean up the yard.

He said that we had until then to get anything we wanted to keep taken care of. I looked out the window about a half an hour later to see there was one of his workers out there. I text him saying that he gave us until the next day. He replied by saying that he was just there to pull weeds. I left... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

Sue him in small claims court.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move back to Minnesota with my kids after 2.5 months living here?

My boyfriend is the father of my two kids. We moved here 2.5 months ago. He had been sober but right after moving here started drinking again. We are not married and have no kind of custody agreement. His family is going to help me leave. Am I able to take the kids back to Minnesota legally?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

No attorney can provide you specific advice on this situation without knowing more. Generally, however, no custody order means no rights have yet been established for either party.

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Native American Law for North Dakota on
Q: Do I have rights to view business policies and privacy policies from say a tribal newspaper operations?

And is there a state law protecting the name of minors?

Lucas Wynne
Lucas Wynne answered on Nov 19, 2020

There is no such right bestowed upon you. Your second question is too vague.

1 Answer | Asked in Personal Injury, Environmental and Wrongful Death for North Dakota on
Q: Is north Dakota responsible if someone got life threatening/shorting illness from bacteria that should have been removed

8yrs ago friend caught illness from bacteria in state park that should have been checked for and removed. She takes daily cancer treatment and is losing her life to it. She doesn't have money and north Dakota isn't helping them, they just deny. They need help! No one to turn to.

Tim Akpinar
Tim Akpinar answered on Oct 18, 2020

A North Dakota attorney could advise best, but your question remains open for three weeks. I'm sorry for your friend's ordeal. It is a very saddening situation, but in terms of a legal claim, it presents challenges. In addition to the issue of time here, there is the element of causality.... Read more »

1 Answer | Asked in Uncategorized for North Dakota on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

Google has received a subpoena for information related to your Google account. This email serves as notice to you that Google may produce information in response to the subpoenas unless you make a formal objection in court, as described below.

The subpoena was issued by the Plaintiffs in... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I will simplify it: a dude is suing Playitka and Caesar's Interactive Entertainment due to what is alleged to be the operation of an illegal online gaming operation. The subpoena is attempting to identify other people who may have lost money to this operation (e.g. you) to establish a class... Read more »

1 Answer | Asked in Criminal Law for North Dakota on
Q: I am being charged with Theft by deception. however, I did not deceive anyone or steal any property. I am being denied

A public because the court is under the impression that I make too much money. I am currently unemployed and have been for about a month. What advice do you guys have for me?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

I have a million pieces of advice because I take 10+ calls like yours every day. Firstly, most people would prefer a private attorney over a public defender and I hope you don't learn that reality the hard way. Secondly, if this case is in North Dakota and you were denied a public defender by... Read more »

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

1 Answer | Asked in Foreclosure, Personal Injury and Real Estate Law for North Dakota on
Q: My home in Philadelphia was foreclosed on in 2010. I was employed with the Prisons then. I suffered a heart attack

I went to numerous court hearings and never got a result. I am a combat Veteran of Desert Storm. My wife and I would like some answers

Tim Akpinar
Tim Akpinar answered on Sep 1, 2020

This could be something that a Pennsylvania attorney and/or North Dakota attorney should advise on, but you await a response for two weeks. If there was an attorney representing you in the earlier hearings, contacting them and asking about the status of the file could be a starting point. If you... Read more »

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for North Dakota on
Q: My daughter needs to appeal a Child Custody Judgement that was dated July 23, 2020. Im going to file the appeal.

The grand parents intervened after mediation was completed. My daughter lawyer quit because of funding,. so she had no representation at the Zoom trial. The fathers parents had attorney.My daughter and father were never married, his parents took my daughters son when she took a apartment in... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 30, 2020

First, I am not at ND lawyer. That being said, if you have a final judgment--or if there's an exception to the final judgment rule, in either the statutes or appellate court Rules in ND--I would definitely answer yes, you can appeal. But be aware, usually you have 30 days to note the ap peal... Read more »

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: If a dog is found by someone and they decide they can't keep the dog for less than 24 hrs, can they rehome it?

My dog was running on our land and picked up by someone. The person then decided to rehome and request people to come get him in less than 24hrs. Is that legal?

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

Can they legally keep your dog? Unlikely. Your remedy is to call the police, who will likely tell you it is a "civil matter." Your remedy is to then bring a small claim against the person holding the dog for the return of the dog.

1 Answer | Asked in Civil Rights for North Dakota on
Q: Can police look through windows of your house if there are cars in the driveway and feel it could possibly be a party?

My daughter was recently detained while in North Dakota. I have spoke to the police and they claim tgey received a anonymous tip of a possible party because of cars in the driveway. 4 police officers hid in the woods for 2 hours and claim they saw what appeared to be someone underage drinking... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

Your first mistake is speaking to the police without a lawyer - it's a no-win game. Your daughter need a lawyer.

1 Answer | Asked in Landlord - Tenant for North Dakota on
Q: Question regarding harassment in mobile home park community.

We live in a mobile home community. Park manager’s brother lives next door. We had an incident last week where he harassed my daughter when she was outside on our deck because we complained about his dog being off leash (against park and city rules/law) to the corporate office. I made a police... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 17, 2020

If the lack of criminal history is a condition of the leasing contract that you relied upon, you could potentially sue the trailer park.

1 Answer | Asked in Criminal Law for North Dakota on
Q: Being charged with a felony that he did not commit

my boyfriend and I got into a fight my sister called the cops and now he is in the Ward County Jail being charged with interference of a 911 call and nobody called 911 can anyone help us with this?

Lucas Wynne
Lucas Wynne answered on Jun 10, 2020

Any criminal defense attorney licensed here in North Dakota can help.

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