Cary B. Hall's answer Due to a law change a few years back, his 3rd and 4th DUIs will *not* be considered 1st offenses.
Your husband needs to hire a good criminal defense attorney, and now. He's in trouble, and DUIs have escalating penalties the more you rack up with mandatory minimum sentences. Best of luck to him -- he's gonna need it.
Cary B. Hall's answer I suggest first making a claim with their homeowner's insurance, and see where things go from there. If you're not satisfied with the settlement offer, then you could sue your mother and girlfriend, and the insurance company would defend the lawsuit -- and ultimately pay for any civil verdict you obtain up to policy limits.
I also suggest you sit down with a personal injury attorney to discuss your options more fully. Best of luck to you.
Cary B. Hall's answer First, he must first be officially served with the lawsuit. If this "service of process" is not satisfactorily obtained, then NOTHING happens: the court cannot enter a judgment against him without proper notice of the lawsuit. Some folks successfully dodge adverse judgments by ducking service of the lawsuit from the beginning.
Kathryn Hilbush's answer Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.
Cary B. Hall's answer It's a summary offense in Pennsylvania. Most usually consider misdemeanor and felony convictions to be "crimes" for purposes of a criminal record, not summary offenses. Yours was simply a traffic offense. If they ask about traffic offenses, then yes - you're guilty of one. If they ask if you've been convicted of any crimes, then no - the vast majority of traffic offenses are not really considered "crimes."
Cary B. Hall's answer I'm not sure you have to wait -- who told you so? Might as well go ahead and file now, and see what happens. If you need to file again in the future, then you'll do so. Nothing ventured, nothing gained, right?
Here's the statute in full from Title 75 ("Vehicles"):
§ 6108 Power of Governor during emergency
(a) General rule.--In the event of a declared National, State or local emergency when the Governor of this Commonwealth has made a specific determination that modification of any of the provisions of this title will aid in the alleviation of the stated emergency conditions, the Governor shall have the power to so modify the provisions on any or all highways in...
Kathryn Hilbush's answer You may have to follow the PA relocation procedure. Your question really needs to be addressed by an attorney in an in person consultation during which the logistics of your ex's move and your prospective one, along with those of your custody arrangement, can be carefully reviewed in detail.
Kathryn Hilbush's answer There are procedures to be filed in the court system. If paternity testing was done. the court needs to officially determine that he is the father, which obviously seems unnecessary to you since the results of the testing point to him. However, the orderly process of the court must be followed. You will be entitled to collect support from at least the date when you refiled, which I think you've already done. The hearing has just been delayed by the paternity testing. There is no reason for...
Cary B. Hall's answer Impossible to answer without sitting down with you and going over your entire, detailed history since CPS got involved. But if what you say is accurate, it sounds like you're doing everything right so far -- and at some point, CPS will have to let go. They're typically hesitant to do so, however, and -- like you're experiencing -- they tend to keep moving the finish line so that supervision never ends.
I suggest you consult with, and then hire, an attorney to act as your advocate....
Cary B. Hall's answer If you want to relocate cities within Pennsylvania, you will probably still have to give the other parent a formal notice of relocation . . . especially if the distance is far (say, from Philadelphia to Erie). There are very specific rules and procedures for this, and so you should probably sit down with an experienced family law attorney to discuss them.
Cary B. Hall's answer If they are truly divorced and all issues of equitable distribution already settled, then no - she has no legal right to enter the home, regardless of whether the children are within or not. An open invitation may be the cordial thing to do -- and healthy for the kids to see Dad and Mom still having a friendly relationship as co-parents -- but that sounds like something you and he need to talk about rather than a legal issue.
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