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Recent Answers From Lawyers

Recent Answers From Lawyers

Can my mother stop me from seeing my Father.

Answered a hour ago by attorney Lori Nevias   |   1 Answer
NO. Not only doesn't your mom have the right to stop you from seeing your dad, it is her JOB as a mother to foster a healthy relationship between you and your father- and court cases say so.  Your mother may have full custody, but unless there's something you're not telling me, there is a court order that gives your father visitation rights with you and your siblings. If your mother prevents you from seeing him, she is in violation of that court order.  Your mother is not allowed to use you as a weapon in her fights with your father, because that is emotionally harmful to YOU- and is considered parental interference, which could be grounds for taking away custody from your mother and giving it to your father. (In which case he wouldn't have to pay her child support- she might have to pay HIM.) Your father is the one who needs to tell your mother to stop using you and your siblings as pawns, and threaten to take her to court for violating the visitation order or even for a change of custody if she doesn't allow you to see him.  YOU should not threaten your mother with this- it's not your job. Your father shouldn't be putting you in the middle of this with his passivity. This is HIS fight. You want to see your dad, he wants to see you- just go see him.  Let your father handle your mother, and protect you from the fallout.  Feel free to show your parents your question and my response to your question, if you like.  They should know how you feel, what they should be doing/not doing to keep you out of their fights, that they should be encouraging you and your siblings to spend time with both parents, and the consequences (especially for your mother) if they don't.     ... Read More
NO. Not only doesn't your mom have the right to stop you from seeing your dad, it is her JOB as a mother to foster a healthy relationship between you... Read More

Step Parent Adoption

Answered 2 hours ago by attorney Lori Nevias   |   1 Answer   |  Legal Mostics: Adoptions
What you wrote is very unclear- is the biological father in your daughter's life?  If so, forget about step parent adoption. If not, and if the biological father consents (or ignores the adoption paperwork after you serve him with it), you still have several more hurdles. First, you need to marry your boyfriend. Second, he needs to be out of jail. Third, you still need to wait a few more years after that to prove to the court that he is in a permanent, mutually emotionally and financially supportive relationship with BOTH you and your daughter. Step-parent adoptions are not just about filing paperwork and waiting for a judge to sign an order, even if the biological father is not in the picture. You have to prove to the court he is a significant and positive influence in your daughter's life, and that you are a family. With your boyfriend in jail and you two not even married, you are quite a few years away from that. And depending on how much longer he'll be in jail, whether he's coming back to/how fast he can find a job, why he's in jail in the first place and whether he's a first time or repeat offender, any of those factors might prevent a court from signing off on the adoption, as well. ... Read More
What you wrote is very unclear- is the biological father in your daughter's life?  If so, forget about step parent adoption. If not, and if the... Read More
The magic questions are: did your husband have a will, and if he did, did it leave all of his real property to you? If he did and it did, it's a simple situation: you need to probate the will and get letters testamentary, find a buyer, and sell the second house with an executor's deed. If he did NOT have a will, or he did but it did not leave all his property to you, you may or may not be sole owner or co-owner of the second house- you may be co-owner together with any children of your husband. More information is needed in order to advise you. ... Read More
The magic questions are: did your husband have a will, and if he did, did it leave all of his real property to you? If he did and it did, it's a... Read More
Unless your custody agreement specifically prohibits you from having your children around your (not so new anymore) boyfriend, or he's a substance abuser, abusive or a criminal, their father absolutely cannot prevent you from having the kids around him. It's not clear to me how he'd even prevent it, given that you have joint custody. If your ex is withholding the children from you on your days because of your boyfriend, you need to take him to family court for violation of your custody agreement. Don't wait too long- don't let him start to poison your kids against your boyfriend, because I guarantee you he's already started to try to poison them against BOTH of you. Lay down the law with your kids' father, and if your ex won't follow it, take him to court.  ... Read More
Unless your custody agreement specifically prohibits you from having your children around your (not so new anymore) boyfriend, or he's a substance... Read More
If you've paid the contractor what you're supposed to pay under the contract, and the contractor was supposed to finish specific work by a specific time and did not do so, you probably have an action against the contractor. However, if no dates were specified the court will impute a "reasonable" time into the contract, and depending on the scope of the work the contractor may still be in breach of contract. There's really no way to tell without more information. ... Read More
If you've paid the contractor what you're supposed to pay under the contract, and the contractor was supposed to finish specific work by a specific... Read More
The answer depends on your relationship to the property. If the home was foreclosed, the bank owns it until it's auctioned to a new owner. Do you live there under a lease with the bank? Are you the owner who lost the house in a foreclosure?  Are you a tenant who stopped paying rent to the landlord when you found out the house was in foreclosure? Unless you are the actual owner of the property, you have no action against the neighbor. If you are a tenant living in the house under a lease agreement, and the lease promises a driveway for your car, you may have an action against your landlord. Please clarify, and I'll be happy to answer your question. ... Read More
The answer depends on your relationship to the property. If the home was foreclosed, the bank owns it until it's auctioned to a new owner. Do you... Read More
Not clear what you mean by "it's a Maryland court". If your children live in New York, the school district they're supposed to be in is in New York and your custody agreement was made in New York, I can answer your question. What you described is child abuse in any jurisdiction, but I can only answer your question if falls under New York law. Please clarify and I'll be happy to answer. ... Read More
Not clear what you mean by "it's a Maryland court". If your children live in New York, the school district they're supposed to be in is in New York... Read More

Suspension

Answered 5 hours ago by attorney V. Jonas Urba   |   2 Answers
Have you applied for unemployment benefits? New York State is very lenient regarding the award of such benefits as long as claimants are candid and truthful when they apply and during administrative hearings. You should retain legal counsel to make sure you recover unemployment benefits. Witnesses will testify and an administrative law judge will determine the credibility or trustworthiness of each witness. They are generally very good at doing that. They must believe you and you need to disprove, usually by vigorous cross examination, that the other side is not telling the truth. That's why, in your case, retaining legal counsel should help. If they determine that job loss was your fault, after that process, that would be bad. What documents (employee handbooks, emails of past practices, etc...) do you have which state that you are entitled to vacation pay? Everyone is entitled to be paid for all the hours they work, including overtime. If you have not been paid contact the Department of Labor. Good luck.... Read More
Have you applied for unemployment benefits? New York State is very lenient regarding the award of such benefits as long as claimants are candid and... Read More
Often a judge who issues a misdemeanor capias will limit it to the state.  But beware -- sometimes a charge originally filed as a misdemeanor can be refiled as a felony.  This is often is done in theft cases if the state attorney's office feels someone has taken advantage of the situation by refusing to accept what the state considers a reasonable offer -- or if the state filed a misdemeanor when it could have filed a felony theft charge.  Sometimes the state will do this when the defendant fails to appear for court or rejects an offer.  Not every case can be refiled as a felony - but often they can.  Also your son should be aware that if a capias is issued for his arrest for failure to appear in court, he can be arrested out of state (assuming the judge did not limit the capias to only Florida) and held in jail out of state while Florida decides whether or not to extradite him.  Unfortunately, Florida could decline to extradite -- but leave the capias outstanding; resulting in the possibility of your son being arrested out of state multiple times.    ... Read More
Often a judge who issues a misdemeanor capias will limit it to the state.  But beware -- sometimes a charge originally filed as a misdemeanor... Read More
It sounds like a very difficult case to prove. I am also not sure that they did anything untoward or illegal and finally, I don't know what kind of damages you would have or how you would quantify them.  I think more information is needed to determine if there is a viable case here.
It sounds like a very difficult case to prove. I am also not sure that they did anything untoward or illegal and finally, I don't know what kind of... Read More



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