Tuesday, November 22, 2011

Help! i need some legal advice on custody / child support / divorce !!!!?

Ok-





I recently left my husband. We have 1 child together and 1 on the way. My husband still lives down south, and I moved to delaware (with the child). In delaware, my husband is considered a repeat offender and has several felony charges and is also a known drug user. Currently, he is not on drugs however. He doesn't have a car or a place of his own, and never stays at the same job to long.





I am trying to work things out with him where we don't have to go through the courts, but he is being an a--hole. He sends me all kinds of emails about how he's going to make sure I don't get any help from welfare, and how I can't make him pay child support b/c were married, and how he's going to get the kids.





I have several questions-





If we r married but living in seperate states n he isn't supporting his child, can I get child support? What about help through welfare?





Is it possible that a judge would grant him even JOINT custody? With his record?





He was put in jail for a few months for assault on a pregnant female (me) but was never convicted b/c I didn't show at court - would the judge still look at that?





We were married in SC- can I file for legal separation in delaware, or do I have to travel all the way to SC?





What are my options in this case? Are there lawyers out there that I can consult about this for free?





What is the best thing for me to do in this situation?





Serious answers only please!!! Thanks to all in advance!Help! i need some legal advice on custody / child support / divorce !!!!?
Then only way you can force him to give you child support, is by involving the court system. You would have to file a Motion for Child Support. With Welfare, you are going to have to apply for that.





Custody decisions are determined by what the best interests of the child are. And it is the presumption that it is best for the child for each of the parents to be equally involved in the child's life as much as possible - therefore, they would LIKE to reward him joint custody. However, the circumstances with him there is a chance that he might not get it... depends on the judge. If you don't want him to have it, you're going to have to show that he is unfit to be able to parent this child. However, even if you are granted sole custody, you aren't going to be able to deny visitation... he's still the kid's dad, and he has a right to visitation [[even if he isn't paying support]].





You should have showed at court. No, if he wasn't convicted, it's not going to matter. Because you didn't show, he was found innocent. Sure, you can try to bring it up again in family court, but you are going to be embarrassed when they ask you, ';well, why didn't you follow through with your allegations of abuse?'; and just assume that you made it up.





You can file for a legal separation in Delware if you have been a resident long enough. Every state has a different time period. If you just moved there last week, probably not.





The best thing for you to do is to find a lawyer. They have discounted legal service programs in every state for people who cannot afford legal representation. I suggest you find one of those.Help! i need some legal advice on custody / child support / divorce !!!!?
That's a whole lot of questions. (lol) I'll just say this. Remember that no matter what you claim your husband has done.......it still HAS TO BE proven in a court of law. The burden of proof is on you.





I suggest seeking MEDIATION. That is a way to avoid paying an attorney, and stay out of court. But...your ex has to cooperate in order for you BOTH to benefit from a mediator.





If your ex wants to fight you for joint custody, the judge will MOST LIKELY rule that way unless your ex is a danger to your child, and you can PROVE that your ex is a danger to the child. But since he has been in so much trouble with the law, you will MOST LIKELY be granted temporary sole custody of your child, until your ex can prove to the judge that he can be a responsible PARENT.





The jurisdiction for your marriage will stay in SC, so yes....unless you file for ';change of venue'; to delaware, you'll have to travel back to SC.





The judge will ALWAYS rule based on ';what is in the BEST INTEREST of the child'; Not anyone else.
  • cover girl
  • Some state of wisconsin legal advice please?

    I quit my old job on feb. 28, 2008 because i got a great job offer that wanted me to start the next day. i was at my old job a 6 months to the day. i worked super hard and had absolutely no complaints from my managers and i loved me job. then one day the general manager sat me down and said hey we know you stold $2k so either you admit it now and you will pay us back and we'll let you know or we call the local police and they can charge you for it. they said they had video evidence but wouldnt let me see it. i didnt do it, so thats what i told them, they suspended me from work for three days. i had two of my reg. days off and three suspension days so later that week i called and asked when to come back like 7am or whatever. no response. sent three voicemails and three emails and the day before i was supposed to come back, my manager calls me to come in at an odd time and meet. i sat down and they said again, its obvious you did it. you either admit to it or the cops are on their way. %26gt;Some state of wisconsin legal advice please?
    Contact the Department of Industry, Labor and Human Relations. Let them know you have been suspended and accused of stealing, but they refuse to show any evidence. You may be able to get unemployement and if it's found that it is a false accusation, you can sue them. Contact a lawyer, most will give a free consultation, to see if you have a case. The lawyer will request the video, most likely.


    Good luck

    Need a bit of legal advice?

    ok here is the story...





    i got a ticket a few weeks back, and couldn't pay it or make it to court.





    i know, i know stupid. but hey people make mistakes live and learn right...





    anywho..i did some research online and found out i have a warrant. which i kind of figured, there was also an option to pay my fines online, which are now doubled since there is a warrant.





    do you know is that all i have to do to make this go away? just pay the fines?





    thanks








    yes i know wrong category, but YA wanted to put this in careers =/ and i don't know exactly where to put it :(Need a bit of legal advice?
    If the website gave you know additional information, then you should call the courthouse to find out how you need to proceed.Need a bit of legal advice?
    you'll be happy to know all you have to do is pay the fine


    and it will all go away


    trust me i know i've been there before


    but just pay it online or you can even go in


    and it will be over wit
    call the courts and ask them. Tell them you are interested in paying the ticket/fine.
    Paying the fines online won't dismiss the bench warrant. You can pay them, then call the courts to set up another day to show up. Then show that you paid those tickets, but claim that you didn't know about the warrant and say that you are showing up in good faith. They should just let it go at that, but if you get an a**hole judge, he might give you some community service.





    If they asked you how you knew about the warrant, tell them that you were doing research because you are thinking about getting a job that requires a background check (the military would be a good example) and that you wanted to go without any unresolved issues.





    I don't know how it works in your city/state, but trust me, I used to be in traffic court all the time and learned a thing or two about the way it works in my city.

    Lawyers or attorneys please! legal advice? My customer failed to pay me!?

    Yes...Hi, I am a small business owner. I paint homes for a living. I also attend college full time. I recently was not payed money owed to me for work that I performed. My customer with held my contract for several months without giving me the copy as promised (of course...that was a mistake on my part), but I had performed several extra projects for her..and not only did she not pay me for those..but she had not finished paying me for the original agreement either. What can I do? Lawyers or attorneys please! legal advice? My customer failed to pay me!?
    Having a copy of the contract would help, but not having a copy doesn't mean you're without recourse.





    Without documents, the customer may argue that the additional projects were within the scope of the original agreement, and may argue that you agreed to less compensation than the contract provided. It'll be up to the judge (or jury) to determine whose argument has greater credibility. So always be calm, dignified, accurate, and honest when discussing this.





    If she's a deadbeat, she's probably been sued before. Your state probably has a way to look up civil suits online. See if she has other collections actions filed or judgments against her.





    You have two options.





    1. Small claims court. Different states permit recovery at different amounts. One state may only permit $3000 and another $5000. If the amount you want to recover is in your state's ballpark, look into bringing suit in small claims court. You can represent yourself, but do your research. You can probably bring her other adverse judgments in as evidence that she has a history of nonpayment. Bring photographs and all documents relating to the case. Be very organized and very calm. Wear a suit or something professional and remove all your jewelry besides 2 earrings.





    2. Civil suit. If the amount you need to recover is more than the small claims maximum, you're going to need to contact an attorney and bring suit in state court.





    Good luck.Lawyers or attorneys please! legal advice? My customer failed to pay me!?
    You can talk more or you can sue. In some states, you will run into a problem. In my state, a painter is a contractor and must be licensed as a contractor and if not licensed he cannot maintain an action on the contract but can only recover the cost of the job.
    She owes you the money. If your state allows it place a mechanic's lien on the property. This will get her attention, if she still doesn't pay, then bring suit.
    you can simple go to small claims court. check with your local muncipal offices to see how you get a date on the docket..../
    Well that depends on how much she owes you. If its less than the limit set forth in your location your only recourse is to take her to small claims court.
    take her to small claims court

    Im looking for some legal advice on a wrongful termination from my ex job?

    i started working at round table around april 11 2008. they stared me as a cook an i mastered it and wanted more, so i started to work extra harder an better so i can evolve in the company an get a higher position and thats what i did. After working four months with the company the north texas store needed extra help so they sent me over there two help. i worked with the north texas store an waterman store together for about two months, everything was going well an my work performance got better. the waterman manger really liked me and the work i did so they promoted me to supervisor on 10-22-08. Until i went to work on the 27 of october at the north texas store an they said i was off the schedule i couldnt understand why so i called up the waterman store the store that highered me an tried to figure out wat was going on, an all she could tell me was that i was suspended until further notice. So the payday friday came on 10-31-08 an i came to get my check and figure out why i got suspeded an when i can come back two work. when i got there i asked for my check an the manager said where is your cloths, i aked her am i getting fired an she said yes and i aked her why an she gave me no reason. so i went to go get my cloths and i thinking she's going to tell me when i give her my cloths but she didnt. I found out from my employers why she fired me like weeks later because they said that i was drinking on the job because they found en empty bottle of vodka in the trash in my area. which all they had to do was ask me because the cashier in the front found it an through it away in my station, so they assumed that i was drinking which is wrong an unfair now i am still without work in an area were there is ressesion very bad.Im looking for some legal advice on a wrongful termination from my ex job?
    If you can get that cashier to testify on your behalf, then yes, it is likely you would have a case. If not however, it is just your word against theirs.Im looking for some legal advice on a wrongful termination from my ex job?
    Unfortunately, unless you work in Montana, you work in an ';at will'; state. And, that means the your employer can fire at any time, and for any reason at all. Or, even for no reason at all.
    No case but you can collect unemployment.
    You can be fired for any reason, and they don't even have to give you a reason
    They have no proof. This is wrongful termination. Any tribunal will see your rise and advancement through the company is not the work of a person who drinks on the job.


    Its companies like these that deserve everything they get. I would take it further and go for full compensation for the loss of employment. Not because of the money but because of the principal of the matter.


    Then i would walk up to the manager after winning and say to them , Next time u wont be so quick to judge and watch the look on their face.


    This is the problem with jumping from store to store , there is no loyalty between people when u dont know each other.

    Expecting mama needing some legal advice.?

    My boyfriend and I are expecting a baby boy in November, I am 5 months pregnant and am only with him because of the baby. I cant stand being around him, he has anger issues, He is controlling, he is really negative about everything, and he wont get a real job. He tries to control everything about the baby, saying the baby will sleep at his his house and not mine and what I can and cant buy for the baby. He tries to control who my doctor is, what hospital im going to have the baby off and so much more, its to the point where I cant stand it anymore. He is a convicted felon for possession of marijuana with intent to sell. He was sentenced to a year of anger management because he beat up his x-girlfriend and she pressed domestic violence charges on him. My question is if I leave him is there any chance he would get custody of the baby? He thinks he will, but I would be afraid to leave him alone with the baby. Do you think that I would be able to get sole custody once the baby is born? Im just looking at what my options might be, thank you for your help.Expecting mama needing some legal advice.?
    did you not know all this bad stuff about him before you jumped in to bed with him without using some type of birth control???Expecting mama needing some legal advice.?
    You should leave him since he is controlling, demanding and has a history of violence. He has no right to control your choice of doctor, hospital, etc. He will have parental rights once the baby is born. You should consult a lawyer now where you live so that he/she is ready to file a Petition against dad seeking a declaration of paternity, giving custody to you and requiring him to pay child support.
    Yes, leave him. No judge would give him custody of a baby with his record, unless you have one yourself! He will probably get visitation rights, and you can ask the judge for supervised visitation if you are uncomfortable leaving the baby alone with him. Its a sucky situation, but until he proves he can be in control of his anger, he should be supervised.
    He will not be getting custody, trust me. You need to file as soon as that baby is born and make sure he gets supervised visitation.





    I hate to break it to him but since you two aren't married, you really has no say in anything that has to do with you and having the baby. If you were smart you'd give him your last name.
    In 49 states the baby is born in your custody (AZ is the exception) because you aren't married. He has to prove paternity to get visitation. The felony and dv won't help. He might get supervised visitation.





    Call 800.799.SAFE for a local referral to a DM center. They can guide you through the law.





    Get away froim this man before he hurts you.
    I don't think it's likely, especially since he doesn't have a job, is a convicted felon and has had anger management for a year in the past.
    There is no chance they will give him sole custody. He will be lucky to get supervised visits with his criminal history. For him to think otherwise is dillusional.





    Why would you have a child with this man?????
    So I guess I am going to be a ***** here - if you knew that he was a convicted felon then why in the hell would you lay down with him and make a baby that had no choice but to be born to a father who is a drug addict and felon and a mother who doesn't have a head on her shoulders? You can't even take care of yourself let a lone a new baby. Do yourself a favor and put the baby up for adoption to a family that has the time, money and place to support a child without the risk of endangerment.
    He is a control freak and a convicted violent offender, plus he he is also down as a drug dealer, need I say more?


    Don't let this man bully you just because you are in a vulnerable state, because he is only doing this because you are pregnant, and an easy target at the moment. Get a lawyer and watch them rip him to shreds. What he is doing right now is considered emotional, and mental abuse!


    Apply to the courts right now for full custody if not for the very reasons you have stated here!

    URGENT!! Need no cost legal advice for widow who's spouse committed suicide;inlaws have own interests not hers

    Please help....My good friend who's husband committed suicide on sept 10, 2007. There's real and personal property. No will. The inlaws are pushy, self-serving and disrespectful of her feelings %26amp; rights. She was physically and mentally abused prior to his suicide. She just wants what is rightfully hers and to be treated fairly and respect her rights. She has and has had no income thru the entire marriage, is disabled and is a having hard time, as she is unsure as to exactly what is and isnt suppose to happening. Petrified she may get booted out of the home she and her husband shared. Knowlege and info would be priceless, not knowing is the majority of the fear. Please help asap with any info, referral and/or advice...thanksURGENT!! Need no cost legal advice for widow who's spouse committed suicide;inlaws have own interests not hers
    I'm not a lawyer, but my understanding is that under most US Law the legal-spouse is by default the immediate beneficiary of all assets left by the descedent spouse. Especially if there's no will. Again, I'm not a lawyer, but it would seem that the in-laws have no claim or power to decide what happens to marital property and assets.





    Definitely get some legal representation and ask what the best course of action is: Perhaps they will issue restraining orders and/or (if possible) issue injunctions against the inlaws asking them to cease-n-decists their actions agains the living spouse.





    SOunds like the in-laws are a bunch of vultures. The guy hasn't even been buried and they're all over his stuff. Talk about lack of respect.URGENT!! Need no cost legal advice for widow who's spouse committed suicide;inlaws have own interests not hers
    Being that there is no will, whatever he had would go to the next of kin. However, these things can get complicated. See a lawyer.
    Dave is right, everything depends on the state. The situation you describe is called ';intestate succession';, which means without a written will. State law specifies how the dead person's property is inherited. Usually, it's divided up between the wife and the man's children, if there are any. If there are no children the wife may very well take all. Siblings and other relatives only inherit if there is no wife or children.





    Land is a special case. It depends on how the husband and wife owned it. Usually, no will is necessary if they jointly own the property, whoever survives automatically owns the whole thing.





    I would start by checking with your local City or County Bar Association and getting referrals.
    For starters when a person dies without a will they are considered ';intestate'; which leaves a chain by which the belongings and property goes to. The spouse if legally married not just a live in partner is the first to get anything. If there is no spouse then the estate goes to the biological children then if no children the parents of the deceased. She needs to get an attorney most of them will work on a basis where they get paid a protion of the cash worth of the estate when it is settled so she should not have to pay up front. She will be appointed as the personal representative of the estate by the courts. Also make sure she has the bank check into the insurances on teh home. Some people have a death clause in their policies that if one of the spouses passes away then the mortgage is forgiven. Often times this does not apply to suicides though so she will have to look into it.





    Also on the home most homes are considered what htey call ';homestead exempt'; which means creditors of his cannot touch the house since it is still her residence. they can get anythign else of value but not hte home and usually one vehicle. They cannot put her in a position where she will become homeless.
    It would help if you told us what state you're in, as a widow's rights vary from state to state...as do points of contact for low or no-cost legal aid.
    Tell her to go to the local county courthouse and file PROBATE Intestate.





    then tell me in what state she lives.





    EDITED BASED ON STATE:





    Under the rules of California Intestate Succession the following apply.





    The rights of inheritance for a person who is married at death depends upon the nature of the assets owned. Assets can be community or quasi-community property (acquired during marriage either in or out of California) or separate property (owned before marriage or acquired during marriage by gift or inheritance).





    All community property and quasi-community property passes entirely to the surviving spouse.





    Any separate property of the decedent is distributed to the surviving spouse or domestic partner and other relatives, depending on the relatives who survive, as follows:





    Spouse or domestic partner and children: One-half to spouse or domestic partner and one-half to one child if there is only one child. If there is more than one child, one-third goes to the spouse or domestic partner and two-thirds to the children, in equal shares.





    If there are no children or grandchildren (if there is a deceased child, the children of the deceased child take his or her share), then one-half to the spouse and one-half to the decedent's parents equally, or one-half to the surviving parent if one parent is deceased.





    If there are no children, grandchildren, or parents of the deceased, then one-half goes to the spouse and one-half to the decedents' brothers and sisters, equally (half-brothers and half-sisters share equally with full brothers and sisters). If there are any deceased brothers or sisters, the children of the deceased brother or sister take that parent's share, equally.





    If there are no children, grandchildren, parents, brothers or sisters, nieces or nephews, then all of the separate property passes to the surviving spouse.





    THEREFORE, her immediate concern is protection for herself and all assets of the estate. I would advise not allowing anyone into the home and to contact a local probate attorney immediately depending on the amount of the estate.





    At the very least, she needs someone she can trust to maintain distance during the probate procedures.





    Remember, anything that is JOINTLY held, (as in the home deeded Joint Tenants with right of survivorship) is hers without probate including any insurance with her as beneficiary and those things owned as marital property she retains HER portion PLUS 1/2 of his.





    For example, if they own a car in both names without the above JTWROS, then she would own 75% of the car.





    These are over-simplifications for example only. You really need to get her to a probate attorney.





    Once you take care of protecting her from the hounds, take her to an attorney for a full review of the situation.
    I believe because she was/is married to the deceased that she is entitled to his estate and belongings. This does include debt. I would strongly advise her to seek legal council. If her in laws have another agenda, they may have already sought legal council. I know she has no income however a lawyer may take payment after everything is settled and she sells off enough assets to pay the bill.


    Try this site: http://www.worldlawdirect.com/ I am not sure if they will be able to help you as i have never used them but it is worth a shot if you can obtain some legal advice.


    Good Luck!
    your friend is in titled to everything she was married to him and just because their is no will doesn't mean anything. the parents of the husband are just talking crap because they are hurt and didn't have a clue! if he wasn't married to anyone and just had a girlfriend it would then go to family which in this case would go to the mother. any way you can call any lawyer in your state to find out were you stand in a legal matter it is free until you hire them to fight your case. i hope this helps you and good luck! your friend doesn't have to worry she will be fine they cant do anything!
    I can advise you on two states.





    Illinois: When the husband dies the estate is DIVIDED between the spouse and the children. The spouse assumes all debt. Some instances, the creditors such as the mortgage company or car loan will demand immediate satisfaction and may require the sale of assets.





    In Wisconsin: The estate goes to the spouse and so does all the debt.





    Both states have a probate period in which others may make a claim on the estate. It goes to court and the judge decides if the claim is valid.





    Contact a probate attorney in your area to find out what more about your personal situation.
  • cover girl
  • Arrested for underage drinking legal advice help please.?

    It was 10 minutes before new years and the police arrived at my friends house knocking on the door.


    I didn't realize this was going on however, and I had to throw up from the beer I drank. A side door was closer than the bathroom so I went out it and the cops were right there and shined the lights on me.


    They asked if I was drinking I said yes.


    they made some errors however.


    1. They breathalyzed me but have no record of it.


    2.They never fingerprinted me


    3.I was cooperative to the officers, my dad always taught me to say yes sir no sir to them. Yet when i was in cuffs in the car the cop told me to name names or I'll be put on the fifth floor with the rapist bitches.





    I have a pre-trail conference next month and any legal advice would be greatly appreciated.


    I've never been in trouble before either and am 19Arrested for underage drinking legal advice help please.?
    it's good that your record is clean- it's not so good you're over 18





    the only thing you should do at this point is do some type of ';recovery program'; whether you attend a few AA meetings or go to an out patient rehab facility - do Something and bring proof that you did something on your own..this way you are less likely to be put on probation..also suggest to the judge that you would pay a fine or do community service





    Also it's important that your parents are there- they need to vouch for you- that you are a good kid and whatever else...





    stay out of trouble- good luckArrested for underage drinking legal advice help please.?
    You got caught. Deal with it

    Need help with some legal advice.?

    My brother and girl friend just broke up and they have a 12 year old daughter together. The girl has but a restraining order on my brother so he isn't allow to be 1500 feet around his daughter or the girl. He went to court and the judge told him that he has to get a DNA test done before he can have any kind of rights to be with his daughter. Well my brother moved back to SC and his daughter is here in GA. Do he need to get an lawyer to get the DNA test done or what. Should he have it done in GA or SC? Please any advice will help. Thanks a lot.Need help with some legal advice.?
    It would be better to have the test done in the same state where the judge told him to get one, and no I don't think he needs a lawyer for that.Need help with some legal advice.?
    In order to prove paternity, I think they would need a sample of your brothers blood and one from his daughter. Any reputable medical could perform the testing. Since the restraining probably prohibits also contact by phone, it might be nearly impossible to arrange for that without a court order. If paternity is proven then your brother will most likely have to pay child support. You really do need advice from an attorney. Here attorneys charge by the half hour or hour for consultations ( I paid $50/half hour). You should check your local attorneys prices.
    I can't even tell what your brother wants to accomplish. Does he just want visitation? Custody? Is he the father? Is his name on the birth certificate? Is he paying child support?





    He really should talk to a lawyer.

    Retracting a Job Offer - Legal Advice Needed?

    I recently accepted a job offer from a company I used to work for. After putting in a notice at my current place of employment, the offer was retracted. Here are the details:


    *2004-2006 I worked for this company.


    *I have a felony conviction dating back to an incident in 2003, which the company was aware of upon my first hire.


    *I left the company in good standing in 2006, classified for re-hire.


    *Throughout the last couple of years I have had a few offers from the company, which I declined until now.


    *The position I was recently offered was in the same department in which I used to work.


    *An offer was made and I was asked to start within a week. I put in notice at my current job. I'm now at my last day and the other offer was retracted - based on the prior conviction.





    I cannot go back to my current employer as I was a supervisor that just gave less than a week's notice. obviously they want someone in that position that they can trust to hang around for a while.Retracting a Job Offer - Legal Advice Needed?
    If you had an official offer letter you can sue for something called ';Promissory Estoppel';





    Promissory estoppel requires:-





    (i) an unequivocal promise by words or conduct,





    (ii) evidence that there is a change in position of the promisee as a result of the promise (reliance but not necessarily to their detriment),





    (iii) inequity if the promisor were to go back on the promise.





    Talk to an Employment Law Attorney. You may have grounds.Retracting a Job Offer - Legal Advice Needed?
    You really need to consult an employment lawyer on this one.

    I really need some legal advice.?

    I was in a town called Dubois PA and i was put on probation.. just before i was supposed to be taken off.. i started being harassed by a psychotic ex girlfriend.. She made a scene at the store i worked at.. and i was arrested and taken in.. they let me go the same night.. but soon after the incident they started cutting my hours.. until finally they told me not to come in anymore.. for some bullsh@t reasons. as a direct result i could not pay my fines.. and the judge told me that i had one week to pay them off knowing i had just lost my job.. So i left because i didnt see any other choice then to go back to jail.





    Now i have found that the charges are no longer on my public record but there is a warrent for failing to appear in court.. but the ex girl friend has .. some new charges falsifying police reports and some kind of fraud and theft.. which i believe is referring to my case.. because she used my credit card while i was in jail. But her charges where dropped.. now i dont know what that means for me..





    Do you think that in light of all this they might forgive my leaving and drop the charges since they know she lied and my losing my job not paying fines and leaving state were all a direct result of her actions?





    What should i do.. i have a year old son and im trying to make things right.. but i cant do that if im in prison...I really need some legal advice.?
    Let people know about it on http://baddeal.orgI really need some legal advice.?
    Nope, you are screwed! You need to turn yourself in.
    I don't see why they would just drop it. You made another wrong by not showing up... bad idea. My brother did that same thing and went to jail, not for the crime, but for leaving the state.. It does put some pull for you because she lied. Try to stick to what they say to do for now. Ask them about some community service hours that you can do in place of jail time, and mention your son.....


    Good luck.

    I'm Seeking Military Legal Advice????

    Can anyone Help?





    my chain of command wants to discharge me from the army because i was caught drinking underage while enrolled in the army's alcohol and substance abuse program. but they are all in the wrong because my NCO's have drank with their underage soldiers before, knowing their underage AND knowing your not allowd to drink with your soldiers or fraternize with them, they also KNOW 2 underage soldiers both bought hookers and possibly caught STD's, 1 of the NCO's has assaulted a private, and that same one said right in front of me after i was caught drinking (i told you i wanted him gone, now hes out)


    none of this is allowd, and theres more to it than just that.


    basically i have blackmail on my whole platoon, so maybe i can justify the situation





    I would love it if anyone whos a lawyer for people in the Military could give me advice. But any is welcome.





    Thanks





    Topwop.I'm Seeking Military Legal Advice????
    What you need to understand is that having ';dirt'; on other people will not make your offenses go away. Part of both the law in general and the military's own code of values is that you don't ';justify'; bad behavior on your part by trying to shift the blame to others. Since you were already IN the substance abuse program, you knew what you were doing was wrong and you chose to do it anyway. You might succeed in getting some other people in trouble if you have proof of your allegations about their behavior...and if your JAG is good, you might get a reduced penalty (as in...a general discharge rather than a BCD) but you're going to be separated.





    Perhaps you will learn some lessons from this error in judgement and will make better decisions in the future.I'm Seeking Military Legal Advice????
    Yes, they are wrong but, you are wrong too because there is a 0% tolerance for drinking underage especially if u are already in a alchoholics class, if u want to stay in go to your squad leader and tell him u want another chance and MAYBE u will get it,, by the way if one of your battle buddies was assalted then you need to turn that in that is not something the military should take lightly especially if they go to war together....geesh!!!
    You sound like a ****-en crybaby to me topwop and you'll probably get what you deserve.

    I'm Seeking Military Legal Advice????

    Can anyone Help?





    my chain of command wants to discharge me from the army because i was caught drinking underage while enrolled in the army's alcohol and substance abuse program. but they are all in the wrong because my NCO's have drank with their underage soldiers before, knowing their underage AND knowing your not allowd to drink with your soldiers or fraternize with them, they also KNOW 2 underage soldiers both bought hookers and possibly caught STD's, 1 of the NCO's has assaulted a private, and that same one said right in front of me after i was caught drinking (i told you i wanted him gone, now hes out)


    none of this is allowd, and theres more to it than just that.


    basically i have blackmail on my whole platoon, so maybe i can justify the situation





    I would love it if anyone whos a lawyer for people in the Military could give me advice. But any is welcome.





    Thanks





    Topwop.I'm Seeking Military Legal Advice????
    What you need to understand is that having ';dirt'; on other people will not make your offenses go away. Part of both the law in general and the military's own code of values is that you don't ';justify'; bad behavior on your part by trying to shift the blame to others. Since you were already IN the substance abuse program, you knew what you were doing was wrong and you chose to do it anyway. You might succeed in getting some other people in trouble if you have proof of your allegations about their behavior...and if your JAG is good, you might get a reduced penalty (as in...a general discharge rather than a BCD) but you're going to be separated.





    Perhaps you will learn some lessons from this error in judgement and will make better decisions in the future.I'm Seeking Military Legal Advice????
    Yes, they are wrong but, you are wrong too because there is a 0% tolerance for drinking underage especially if u are already in a alchoholics class, if u want to stay in go to your squad leader and tell him u want another chance and MAYBE u will get it,, by the way if one of your battle buddies was assalted then you need to turn that in that is not something the military should take lightly especially if they go to war together....geesh!!!
    You sound like a ****-en crybaby to me topwop and you'll probably get what you deserve.
  • cover girl
  • Where can i find legal advice for child custody?

    my ex has a boyfriend that pulled a gun on her and my kids and she did not have him arrested and only after my youngest son told his school that he pulled a gun on her was anything done, c.p.s was called in by the school and a restraining order was made at c.p.s request. she still talks to him but he does not stay with her anymore, but when she got custody of the kids the court order stipulated that this same person (clarence thompson) was not allowed around our kids. He's not in jail and he still keep in touch with her there's nothing preventing him from going around there, or them getting back together once c.p.s is out of the picture she's very good at lying.Where can i find legal advice for child custody?
    I would advise that you contact a an attorney. Child custody is not cheap so be prepared to spend some money . You are also going to have to prove that your life/home is more stable then hers. Good luckWhere can i find legal advice for child custody?
    thank you for your honesty and advice.

    Report Abuse



    Call your local (usually county) bar association. Ask them for names of attorneys that handle child custody matters.





    When you call the law office(s), insist on speaking to the Attorney. Do not tell the Secretary all the little details of your matter - save the details for the Lawyer. When you get the Attorney on the phone line, ask him/her:


    - Do they have a free initial consultation?


    - How much do they charge?


    - Do they take payments on their accounts?


    - Can they help you? OR Refer you to someone who can help you?





    My suggestion is that YOU get custody of your children.





    Good luck.
    Call family services and make sure you are very stable and can provide a stable environment then go to a lawyer with all documentation you have on the situation. Sorry, all that must be hard and stressful for you. If she is smart and putting her kids first, she will not have ANY contact with him.
    What is CPS?


    Calgary Police Service?





    The best way to get legal advice is there is free advice listed in most phone books in the blue pages. I had a friend try and sue customs once. He found his lawyer out of the blue pages under legal advice. It was free.
    a little thing called pre-paid legal.


    go to www.greatjoboption.com


    email: raoul_dukelsd1969@yaoo.com
    a lot of lawyers will give you a free consult. Just make sure it's a Family Services Lawyer. It's very much worth it! These are your children! So sorry to hear about this.. that's screwed up!





    Best of luck to you!
    It should have been stipulated after charges were filed against him for pulling the gun!
    talk to a lawyer

    My friend needs some legal advice PLEASE?

    We are 14 now, but 1 1/2 years ago she was a volunteer at a small local business. A MUCH older man flirted and made ';jokes'; and conversations with her about removing her skirt and spanking her for making a small honest mistake. She is just now thinking about coming forward because she feels like she would have been raped if she'd stuck around %26amp; that he might have already molested someone who won't come forward. If she files a report she hopes others will get the confidence to come forward.





    She is trying to straighten out her life right now. She is getting help for anger management, extended family is going through a divorce, and this memory still haunts her. My friend is worried that filing a report is just going to mess up everyone's lifes more. What she wants to know is if it is even worth filing a report?My friend needs some legal advice PLEASE?
    She should report him to child abuse. They will investigate and take whatever steps they deem appropriate. If other people have made reports, this will help confirm that information.My friend needs some legal advice PLEASE?
    Legally, You can't file a report for something that happened a year ago. It's unfortunate and I'm sorry to hear what happened to her but there is nothing she can do unless he does it again.
    There's really no point in filing a report, since there is no proof.





    She goes to the police and says ';he flirted with me a year ago and joked with me about spanking me with no skirt on.';





    He says ';huh? I don't know what she's talking about. A YEAR?';





    Police close it out for lack of evidence.





    She should work through this in counseling. I am not minimizing the effect this had, but she needs to take care of herself...and subjecting herself to a legal process that won't help her isn't going to do that.
    It is worth it. He might still be doing the same thing to someone else.
    She should definately report it. It is not something ANYONE should have to deal with, and this goes double for kids. If she doesn't report it, that guy will keep going as long as he can, and something a lot worse could happen to the next girl. No trouble would come out of going to the police, she shouldn't be scared but proud of herself.

    What would the best legal advice be for my case?

    K so last night at the bar, these 4 fat girls were with this guy that used to be a friend but stopped cuz his gf said so. so the 3 of them surround me, pressing their fat blubber against me and are pushing me back. one shouting in my ear ';just walk away, just walk away'; the other shouting ';WHAT?? WHAT??'; and one mouthing a bunch of **** to me cuz about a year ago i asked him to come to a house warming party, and she bitched at me saying that neither her nor HER bf was gunna go to any party of mine. so i cant get my arms up to push them off of me cuz they're pressing against my arms like im wrapped in a cuccoon of blubber. so she starts poking me in the face hard with her finger while still mouthing off, and i knew that those pokes were gunna lead to straight punches in my face, so i tried to prevent that by biting on her finger and not letting go. so she tried pulling her finger out, and she pulls again, and my bottom tooth goes with it. at this point, the other 2 girls (i dunno whereWhat would the best legal advice be for my case?
    There is so much going on in this case, your best bet is to talk to an attorney to see if you have a legal leg to stand on. The laws in these types of cases vary from state to state. Many attornies will offer free consultations when you call - just be sure to ask first. If the consultation is not free, then they are not worth your time or energy.

    Cited for Pot. need legal advice! CA?

    Longstory short. I am 19, currently going to highschool, and have perscription of marijuana for anxiety,depression and insomnia. I have suffered from these symptoms after death of my grandfather,Home sick,and tough life living through by myself. I never abuse it, i just used before going to sleep.


    Medical marijuana definetly improved my life.


    This is what happen. I went to highschool as ordinary. I parked my car at parking lot ,and was standing infront of my car, untill the bell ring. But group of student was smoking cigarette around my car. Therefore, school saw it and take us to office and they have searched me but they have found nothing. And they searched my car and found about 0.1gram particle of marijuana on the floor, marijuana pipe that was given freely from dispensary as a customer and 8plastic beg in one, that i have never used. Pipe and plastic beg was kept in cabinet at front. When they found those item, i told them i have perscription of marijuana and showed them the perscription. But they seemed like they didn't really care.


    By the time i was being caught, other guy was caught with ecstasy. Therefore, school called cop, and cop start to deal with the guy with ecstasy. After him, deal with the guy and hand cuff him. Police ask me, '; Do you slang'; I said ';no';. And he asked why i have medical perscription, I told him because of anxiety and depression. That was it.. Police wrote me a citation of misdemeanor possession of marijuana on school ground and left with the guy with ecstasy. According to proposition 215 and since marijuana was kept in the car and wasn't reach of me. I believe i didn't violated a law.


    My court date was due by 12/8/2008. But, I went to court but they told me no filing, told me to call them once a week.


    I have been calling once a week since 12/08/2008 and case still have not filed yet. Today is 1/24/08. I went to public defender and he checked his computer but he said nothing come up in the computer. I have document that proves i been to court but no filing. But i have responsibility to call court every once a week according to clerk in the court


    What should i do? And what will be the out come? Any legal advice?Cited for Pot. need legal advice! CA?
    What should you do? Keep calling as they told you to do.





    Out come? You know you should not have had it on school grounds. Just because you have the card, does not mean you can take it everywhere with you. So, I would say guilty.





    Legal advice? Hire an attorney.

    I need a little legal advice regarding custody of children. I will be as detailed as possible.?

    I am a father 0f 3 children, 2 of which are step-children (to 2 different fathers). I have been married to my wife for over 2 years now, and been with her for almost 5 years. All 3 children live with us, and the 2 eldest (step-children) have lived with my wife since she seperated from her previous husband. Here is my dilema.


    I have been offered a job in Denver Colorado (we are in PA), making a very large amount of money. . Father 1, (father of 9 yr old) doesnt seem to care (he only asked we give up child support, so that tells me he doesnt care), Father 2 now has told us that if we choose to go, he will fight for custody of his daughter (6 yrs old). both currently see daughters 2 weekends per month, and do not come to thier activities (soccer, karate, etc.) We moved before and there were no custody issues, and lived in MO for over 2 years, unfortuntantly the company downsized, and I returned back to PA near our families. Does father 2 have any chance of gaining custody from usI need a little legal advice regarding custody of children. I will be as detailed as possible.?
    If your wife has full custody and no visitation agreement is in writing than you wont have a problem. But if there is a visitation agreement than you will have to go to court.I need a little legal advice regarding custody of children. I will be as detailed as possible.?
    Wow! this is a very big dilema! I worked for cps for many years and I know a little bit about custody issues but all states are different so I,ll give it my best shot- Child from father 1 doesnt seem to care, but do make sure you have documents to terminate his custody and parental rights, and be aware that just because your wife personally wants to drop childsupport, doesnt mean the issue of child support is gonna go away for father #1, as the state can do whatever it pleases, again it depends on the state you live in? Father #2, is gonna be the thorn in your side, as he has every right to make your move almost impossible! The courts will lean toward the side of this father, and just because he doesnt attend soccer games or any other activitys doesnt mean a thing to the state, the state and courts will only look at whats best for this child, and what they see as the best thing for the child will be, keeping this child as close to the bio-parent as possible, and chances are very high that you wont be capable of taking the child out of the state, so prepare for the worst but hope for the best! What Ive seen in the past for parents in similar situations as yours is as follows, #1 rule, you need to back out of this, as the court will only see you as a jealous controlling spouse, this is something your wife needs to deal with, and she needs to deal with it by comunicating with her ex, and being as nice and kind as she can to him, she needs to talk him into letting the child leave the state, if this doesnt work, Im sorry,but Im doughting that this child will be capable of leaving.
    First off, is there a court order for visitation on either child? If there is a court order then legally you would need to get a lawyer and show a judge that you have to move for a job. Most of the time the judge will understand and tell the father that visitation will be changed. If there is no order then all your wife will have to do is contact child support and let them know you are moving. This is a sticky situation and should definitely be taken up with a professional! I wish you luck!





    If there is a court order it is illegal for you to take the child out of the state, yet alone move out of state. But, as far as the custody goes...he would have a hard time getting custody.
    then go ahead and go..I would
    I thought normally when u file for child support they do the custody then also...unless he just gives you money here and there. Anyways though the only person who is gonna know best what should happen is a lawyer. However a judge looks at certain things and I think you have a lot in your favor. You and your wife are married and can give the child love and a safe place to live. There are two of u and I don't know if the real father is remarried or not. She has the other children and they normally don't like to split the children up. The real father only see's the child what 4 days out of a month. That is not a lot and if there is no court order then he has options to see her anytime he wnats and chooses not to so that looks bad on him. I don't remember what the age is where they also ask the child who they want to live with. I think it is 8 or 10 so she is a little young. But they look at who spends most time with child and who pays most expensses. How child is in school and all that kind of stuff. Most the time the mom ends up getting the child anyways but there are times where the dad does. I think things look good for you guys but I don't know him or you to really say. Some agreements state the mom has full custody but can't move out of state or stuff like that. So honestly my best advice would be since there is no court order yet you need to move without him knowing (if possible) and then as soon as you get to CO she needs to go file for custody right there. Cause whoever gets to it first that is where the other person has to go. So if u file where u are now you will always have to go back there for court or if he files. Where as if u do in CO then he will have to go there and that way she has a head start on him. Good Luck and hope any of it helped.
    The court usually never takes custody away from the mother unless there is just cause such as abuse or neglect. They might just set something up for visitation! Good Luck!
    The father more than likely will not get custody but the thing is if he apply for custody and does not get it then he will have court orderd visatation whick mean that u cannot move the child more than 25-30 miles from your current address i live in NYC and that is the law, and i think that is the case in most states, the reason is that if the father wants to c the child and has an order u cant move were he cant c the kid. Oh by the by the father not coming to the kid activies does not mean they dont care maybe they dont want to get into anything with the other parenths.
    nope as long as proper visitation is still maintained there isnt anything that the so called father whichever one has his rights then nothing can happen and as for giving up the child support hes trying to get away from his obligations which is true he doesnt care

    My Children: I need legal advice?

    We have joint legal custody and has not allowed me to see them for over a week when he found out I have a boyfriend. I've tried calling my 15 yr old and she hangs up on me. I want to go to her school but she has asked me not to. I have called my 10 yr old and she said Dad, doesn't want me to spend the night with you. I've filed a motion w/the courts since we do not have a visitation schedule (he said we didn't have to, that we would work it out, yea, what a mistake) Anyway. is there anything I can do while I wait for the court date? I went to the police station and they can't enforce the visitation since its not in stone. His plan is to gain custody or primary residence so that he does not have to pay child supportMy Children: I need legal advice?
    Call a lawyer.





    The fact that you now have a boyfriend may be a big deal to your ex, but not to the court.





    You might be able to go in ex parte to get a temporary visitation/custody order until your hearing, but you would need a lawyer or someone to help you on that. Also, the act of going in ex parte or even retaining an attorney would force your ex to some sort of temporary compromise.My Children: I need legal advice?
    ok first of all why does he have your children is there something you are not telling us. If he is just bitter at you for no reason then i would say wait until your court date. But if you have done something bad to make him disagree with you seeing your children then what do you expect.
    You could hire a lawyer and seek some sort of interim custody agreement but it will cost money. Always get agreements in writing when possible.





    Dana A





    Lawyer
    I know it is difficult to do nothing but your best bet is to let both your lawyer and the courts handle it.....you've done the right thing in filing a motion for a visitation schedual set by and ordered by the courts...once it's done you'll be in a far better position far as your kids are concerned for if he refuses to let you have the kids when the courts have ordered you can have them, it'll put him in violation of a court order and you'll have the law on your side to help in enforcing it.


    In the meantime you'll have to do damage control by not falling into the 'punish the ex 'cause they have a bf/gf' ' trap.....the courts will get wind of his using your kids as a tool of punishment and they have very harsh opinions on that so don't be party to that...if you think the kids are being influenced against you by their father, make sure your lawyer knows this.....don't let the kids get caught in the middle. the court will resolve it. Best Of Luck!
  • cover girl
  • LIving together and need legal advice about rights?

    My boyfirend and I have been together 6 years, living together for 5 of them and I'm crazy in love with him. He has a good longtime job that moves him around. I have given up career, health ins, %26amp; retrirement saving to move with him. He refuses to marry me and get me on his health insurance or provide me with security. He is afraid we'll divorce and I'll take half of what he has worked hard to earn. I was shocked that he thought I would do that, but one never knows. My family and friends tell me we've been together long enough that if he leaves me or dies, I could get half his estate anyway. Is that true? I don't want to ';steal'; from him, but I do want to know my rights if I want to continue the relationship. We are moving again and for me this will be the last time if I have no rights or security. He's 45; I'm 48 - too old to keep doing this.LIving together and need legal advice about rights?
    In most states, common law and your rights to his estate begin when you have lived together for 8 years. At 48, you have only 15 years to build an IRA... not a lot of time. And, as you have said, you have no health insurance, and have built no retirement in a company plan.





    For sure I understand his fears, but you can sign a pre-nup, in which you give up any right to anything he has now, and will have even after you marry. You're not young, hon.... lots of my friends' health begins to crap out in the middle 50's, right after menopause. Medical bills can kill you. Got one friend whose monthly drug bills are $2700.





    I think he's being unfair, and the two of you need to talk with an attorney about ';What if we get married, and it doesn't work out?'; He needs to have LEGAL assurance that you are not and do not wish to destroy his estate.





    (Frankly, however, he as well needs to provide for you if he dies unexpectedly, and his IRA, then goes to his estate, and gets given to charities that he named 20 years ago.)





    Helpful?LIving together and need legal advice about rights?
    In terms of his assets after he dies those will go to whom he has named in his Last Will and Testament. If he doesn't have a Will, then the statute of descent and distribution will supercede and the closest blood relative of his will inherit his assets. There is no common law when it comes to his assets. If he is afraid you will divorce him, maybe you should look into a prenup. But really, you don't have any recourse now. He is leaving you and high and dry! If it were me, I would consider staying put this time. Why should you upheave your whole life for someone who won't compromise at all for you?
    yes you could claim half of what is his just as he could claim your half your common law man and wife after 3 years of living with each other.
    If what you want is marriage and the security that goes along with it, and he does not want to give it to you for whatever reason, you are wasting your life on this man. In six years he doesn't feel secure enough in your relationship to make it permanent? You put a lot on the line for him and he is not willing to do the same which means you have done all the leg work and your relationship is not equal. Is this how you want to live? If something happens to him, you are entitled to nothing, so either create your own security for yourself or move on and find a complete and fulfilling relationship elsewhere.
    You getting anything if he passes away is more if you end up as a common law marriage. Each state is different with the amount of years you have to be to get this though, and I think you have to be living at the same residence together (one, not multiple) for about 8-10 years. You would need to look into your state's guidelines for that. But other than that, no, you are not entitled to anything because you are not legally bound to one another. He would have to leave you things in his will for you to get anything. Sorry.
    I cringe whenever some one start out with I AM CRAZY IN LOVE.


    You should have never given up your life and everything you had for this man or any other man. I would think at 48 years old you would know this by now. You are too old to be making 20 year old girl mistakes in life.





    Put your foot down and if he does not agree, move on with your life and never put another man before your better judgemnet, that's not love that's stupidity.
    If you truly still want to marry him after he says this and if he was burned before in marriage I can sympthize(A little) Then make him feel better with a pre-nuptual agreement that states if the marriage ends he keeps his stuff you keep yours and anything earned mutually that is 'community property' because of marriage(things gained in the marriage) then it's split between you or however the attorney sets it up. You may be able to do it yourself but I'm no attorney and i don't know for sure. I think that would ease his mind and if that doesn't ease it then there's more to why he doesn't want to get married.





    Horror stories of marriage and friends losing everything can work on a person's mind especially the older they get because it takes that much longer to get back where you were, if you can ever get there. With him being 45 and something did happen because let's face facts, no mater how much people are in love, things happen, attorneys get involved and all H$$% can break loose. He nor i'm sure you want to work until you're 85 because of a bad marriage. A prenup should solve those worries for him.
    no more common law

    Do you have any legal advice for me?

    I took my computer to the shop because it was running too slow. I wanted them to reinstall my operating system. They kept my computer, seemingly forever. When I finally got it, my harddrive and one of the memory chips were missing. I took it back and waited and again had to go and insist that they give me my computer. This time, they gave me a defictive harddrive and two defective memory chips. I have to purchase a new computer. Worse than that, all of my PERSONAL INFORMATION WAS STOLEN! What can I do? Getting a lawyer can be a waste of time and money. What else can I do to put pressure on this company?Do you have any legal advice for me?
    Start by filing a complaint with your local Better Business Bureau, as I found out with my complaint against ViewSonic they are kind of worthless but now you have it documented, save your postings between you and the BBB.





    If the shop is a member of your local Chamber of Commerce, file complaint with them.





    Once your complaint has been closed by the BBB, then you can take it to your local office of your State's Attorney General...





    Remember the best form of advertisement is word of mouth, sometimes a small ad in the local newspaper classified ad section and they will resolve your issue.





    Small claims court filings are usually inexpensive.Do you have any legal advice for me?
    Contact the website www.consumerist.com. They are a consumer advocate website with some VERY valuable advice. Also try www.bbb.org, and file a complaint. Good Luck!
    Caveat emptor
    I would go to the owner of that company and tell him/her what has happened and you want your stuff back and in working order,, If they dont comply then the only recourse you would have is a civil case against them and let them know thats what you intend to do, You dont need an attorney to have a civil case you just go to the courthouse and file a claim against them and make them appear in court and tell the judge your story,





    I wish you luck because there are so many thieves out in the world and they need to be stopped,





    SG
    In the U.S. we have a Better Business Bureau to complain to but that really only works if the business in question is a member. There is legal arbitration (small claims court). Then you can also file a complain with your state's Attorney General's office. Again, these responses work only in the U.S.





    If it's any consolation, it's doubtful that they ';stole'; your information but, rather, wiped it out with the reinstall of Windows.
    Throw a brick through their window

    Alright i need some legal advice I am 16 years old and pushed a kid threw a window by accident?

    Alright me and a few of my freinds were sitting in front of a store and my freind smaked me in the head with a wator bottle and i got up and pushed him up agaist a store window but the kid broke threw the window and got hurt and all scratched up the poilce were called and the kid went to the hospital but the poilce did not bring me in or even call my parents they just took down some information now what can possibly happen and this happend sturday night but when i was explaining it to the poilce he was like nothiing this was an accident and not only that i have another problem the kid who went threw the window is haveing people beat the **** out of me so any advice and i would rather my parents not find out and tell me what is the worst that can happen will i be charged for the window or hospital bills and if they didnt press charges right then and there are they going to thanks for any advice and helpAlright i need some legal advice I am 16 years old and pushed a kid threw a window by accident?
    You'll just get billed for the window I thinkAlright i need some legal advice I am 16 years old and pushed a kid threw a window by accident?
    The police just obtained your information so they can gather more information from the victim. Evidently, you pushed your friend hard enough to break a store window. It will not be up to the victim to press charges or sue, it will be the parents choice. You can be charged with aggravated assault, they can sue your parents for the hospital bills, and the store can sue your parents to replace the window.





    I would highly suggest that you inform your parents of this 'accident'.

    Anybody who can give legal advice regarding landlord and tenant problems ?

    My grandmother gave her house on rent to a family without any written agreement. She was living in her own house in which our tenants were also residing at ground floor. my grandmother had a severe heart problem , diabetic, and obesity patient. she asked the tenants to vacant the house as she cant step up to the first floor but the tenants despite of our pleading request filled a suit against my grand mother,my father and my uncle for permanent injunction . on the basis that we are troubling them . but we asked them to vacant but they entirely ignored our requests


    please help my grandmother. if possible give me advice how can we get our house back.Anybody who can give legal advice regarding landlord and tenant problems ?
    First of all one should never hand over immovable property to any person without any written agreement.





    Now as your grandmother had given property on tenancy without written agreement-- your tenant is bound to take advantage for that by alleging favourable terms and conditions in the oral tenancy contract.





    As far as your Grandmothers medical condition is concerned -- She has the right to file a suit for eviction of tenants on the ground that she needs the property due to her own health problems.-- If the rent being paid by tenant is more than Rs.3500/- P.M. than the eviction suit would be filed under Transfer of Property Act--- and if the rent is below this amount than the suit can be filed under Delhi Rent Control Act 1958-- [just guessing that may be your rent amount will be above 3500 and in that case your suit will lie under Transfer of Property Act]-- if the property of your grandmother is lying outside Delhi than in the case of rent amount being lower than 3500 some law which will be very much like Delhi Rent Control Act 1958 will apply.





    Now I am not going to comment upon Permanent Injunction suit because you have not stated that on what basis tenants are claiming their right to reside their-- especially when the tenancy in your case is being governed by Oral Agreement-- They might even claim themselves to be the owner.[Don't want to scare you but just saying you from my own experience as an Advocate].





    Had you given details about their suit grounds in nutshell than i might had ben able to comment upon that. but still you grandmother can file a suit for eviction of tenants.Anybody who can give legal advice regarding landlord and tenant problems ?
    Without a written lease it is considered a month-to-month tenancy. Your grandmother should send a certified letter to the occupants telling them they have 30 days to vacate. If they do not, she or someone representing her should go to the courthouse in the county in which the property is located and file an order of eviction. Really very simple.
    If there is no formal agreement, then standard agreement is probably taken as agreed.





    You probably have to give them their notice period - 1 or 2 months depending on the time they have been in the house, and if they fail to move out. You will need to file an eviction notice or something like that,





    Get some legal advice though.
    what country are you from?


    any way it's obviously a monthly basis tenancy.


    so just give the usual 30 day formal notice signed


    my your grand mother and after the period they will


    have no right to stay on your granny's place, make them


    sign if possible. dont stress,


    even the police can help you out easily on this.
    Bindiya,is the tenant staying for above 7years.If not so you could formally and ethical ask them to leave after a month's notice.Along this, kindly contact the lawyer too,he would help you to take further step for the acts and laws.
    She needs to legally evict them. The exact process depends on where she lives, but if you call your county sheriff's office, they'll be able to point you in the right direction.

    Please help, i need legal advice..?

    I have worked for the same company for just under 3 years. During last month i went full time with this company and have just been sent my contract through the post. The job salary was advertised as æ‹¢12,689. After reading through my contract today the salary i would be signing to recieve is æ‹¢12,269. Can they do this?


    I would need to get a copy of the advertisement to prove this error, and i will confront them about it, but can anyone offer me legal advice if this is wrong, and the best places i could go to get this problem sorted.


    Many ThanksPlease help, i need legal advice..?
    Legally, there isn't an issue. There is no law which states that if a job is advertised as paying a certain amount then that's what they must actually offer that to the successful candidate. Salary details on advertisements are usually given for guidance, not with the intention that they're set in stone.





    I would simply ask your manager about it. Perhaps it's only a typo anyway. If not, ask for you salary to be increased to the advertised amount. If they say no, then unfortunately you've got no recourse.





    You do realise that, assuming we're talking about a full-time job here of 37.5 hours per week, you're arguing about 22p per hour?Please help, i need legal advice..?
    Cari has said it all, spot on. talk to your employers they may have dropped the figure because of your experience levels etc... the salary is only binding on the company when you have signed the contract...not before.

    Can you give me legal advice regarding my Dad's estate?

    My dad died intestate in NC two months ago. His girlfriend of 30 years made funeral home arrangements and took money from his bank account to cover the cost. She said that she would dispose of my Dad's other assets - two vehicles, a utility trailer, some heavy equipment, clothing and personal items. She gave me a few things of sentimental value and has not been very cooperative when I have asked questions. My Dad owed me $6000 when he passed. He and GF never lived together, but she considers herself next of kin. She has no interest in going to County Clerk to be appointed administrator of his estate and I am overseas. I called the court and they said to hire a lawyer, but I think I would spend more than I would recover! Help!Can you give me legal advice regarding my Dad's estate?
    The FIRST thing you do is tell girlfriend to vacate dad's residence and turn over all keys and belongings. THEN you go to the PROBATE court in the county where dad died and file for letters testimentary.





    Girlfriend has absolutely no authority to do anything unless she is a co-owner of the bank account or the personal belongings.





    In fact, if her name is NOT on the bank account, she has committed theft.Can you give me legal advice regarding my Dad's estate?
    You would have to hire a lawyer in NC. If there is no will, there could be a rather long and withdrawn legal battle that may not be worth the expense. The girl friend would have to hire an attorney to file to be the administrator of the estate as well. You may be better off leaving things as they are. If you have written proof of the debt, you could press for payment, but you don't have any way of assuring that there is enough in his estate to even cover the debt.
    You will have to seek advice from a lawyer as intestacy law is a vast and complex area. Try your free law centre.
  • cover girl
  • Assaulted and need some legal advice?

    Hello a few months back I was assaulted by my mothers boyfriend. And it was a pretty traumatic experience for me to go through. I was injured but nothing serious a huge bruise and swelling on my jaw it could of been much worse.I was stuck with a frozen beer can at point blank range and had to go to the hospital to get check out and a cat scan. And now the state is pressing charges against him. So how do I go about making him responsibly for my injuries and paying for them medical bills? The court case is coming up soon and I am one of the prime witnesses for the state. I didnt strike back nor have any charges pending against me from the incident. I know I typed a lot but please help me out a little bit. I dont have enough money for a lawyer to ask for legal advice.Assaulted and need some legal advice?
    Sue him in civil court for assault and battery. Good luck collecting on a judgment though. You might be able to this in small claims court on your own.Assaulted and need some legal advice?
    Call the cops and ask them.

    Please help me? need legal advice with court?

    This is my story, and having trouble shortening it for my plaintff statement for small claims court. I appreciate any help.


    Thank you.





    At approximately 11:30 am on July 30 of this year, we brought our vehicle, a 2001 PT Cruiser, to your garage and asked you to service it. You quoted us $450 cash for your labour to change the head gasket, with us purchasing the parts and bringing them to you.





    On the evening of July 30, we returned to your shop to retrieve something from our car that we had forgotten. We saw that our drivers side window was down, partially covered with a garbage bag. We came to retrieve a bag of garbage that we had forgotten. However, we couldn't, because one of your mechanics had dumped the bag of garbage in the backseat of our car in order to use the bag to cover the window. We cleaned up the garbage, and attempted to re-cover the window.





    On the morning of July 31, we spoke with one of your mechanics about this, and expressed our unhappiness and request to have the window up or the car taken into the shop before the long weekend. We were assured this would be done.





    Imagine our furiousity when we visitied your shop on August 3, to find our car in the same spot, still with the drivers side window down. Now, not to mention that it rained heavily the whole weekend, and here is our car sitting wide open. It was also at this time that we realized, that a few items such as our Eliminator battery charger, tool bag with pipe wrenches and other hand tools, as well as refrigeration guages were stolen from our car. No doubt, from being left open all weekend.





    On Tuesday August 4, we contacted you, and expressed our unhappiness once again. You apologized and told us you would take care of the window and continue working on our car. A week passed, and on August 11, we contacted you once again, where you told us the timing belt and cylinder head needed to be replaced and that you needed more time.





    On August 18, you contacted us to tell us that the fan motor now needs to be replaced. We refused and said we take care of it ourself, at this point we just wanted our car back in our hands. You required us to pay another $250 cash in order to release our car, (we paid $150 cash and paid $100 Visa) with an agreement to leave you a postdated cheque dated for Thursday August 20, 2009 in the amount of $350. We did so, in order to retrieve our car, cancelling the postdated cheque immediately.





    Upon leaving, we noticed that our car no longer had power steering, a problem in which it did not go in with. We parked our car for the day and also removed the fan motor. We took it to Speedy Starter and Alternator Rebuilders at 22 Westney Road, for testing. After testing with direct power, we were informed the fan motor worked fine and that there was nothing wrong with it.





    Our next step of action, was taking our car to Canadian Tire for diagnostic testing, where we were told the previous mechanics did extensive damage to the timing belt, power steering lines and pump, upon reinstalling the engine. Please see attached Canadian TIre Work order.





    We are requesting that you make good on the faults your company made, we are requesting you to cover the total cost of the damages to our vehicle. Please respond to this letter within 10 business days, in order to prevent further action in Small Claims court.





    Regards,Please help me? need legal advice with court?
    If you need legal advice, you should call a lawyer.

    I need Opinions and legal advice regarding a sale with a verbal agreement & a Price Change? Please Help!?

    Please help! This is tearing our family apart! Any Legal advice %26amp; Opinions would be appreciated!





    My family bought a car from our cousin. We paid him $1,000 less than the agreed price because we didn't have the money then, but he understood and said he was fine with it. So we didn't receive the title from him yet. But we did bring the car home and it is currently in our garage. But now, my cousin has raised his Original price by several thousand. We don't want to pay that price, so now he wants the car back. Legally, Can he really take the car back?





    He does have the title %26amp; it was only a handshake agreement with 2 witnesses (on opposite sides). But the car is on our property.





    I Really want it because it is a 1970 BarracudaI need Opinions and legal advice regarding a sale with a verbal agreement %26amp; a Price Change? Please Help!?
    give that crap back get your original money from him and let it go. Besides in about two years the blanked that saves vehicles older than a certain amount of years from emissions will be lifted and I can tell you unless you put a brand new engine that meets all current emissions for that type of vehicle there is no way in hell that vehicle will pass, so you will loose your money anyways. As for legal stuff of course he can take the car back, he has the tittle, the vehicle is owned by him. Without a tittle on your possession, who cares of what verbal exchange there was. This is a case of logic if you know you will hand over money you need some sort of receipt, if you did not take measures possible to do so, regardless of association, the law considers your actions negligent in the transaction, and will judge against you, unless you paid with a check and it was cashed. That is just as good as any receipt in that case judgment in your favor. My advise get your 1,000 back and give him the scrap back. In my opinion that vehicle is only worth about 80 bucks of steel, with prices now day maybe 75...I need Opinions and legal advice regarding a sale with a verbal agreement %26amp; a Price Change? Please Help!?
    This is why you should never do business with family.


    The cousin agreed to extend credit on the 1 thousand dollars, so no he cannot reclaim the car, nor can he raise the price.


    It was an oral agreement, witnessed and that makes it binding.


    (Don't be surprised if this creates a little conflict between the families.)


    Good Luck.
    Since he didn't sign over the title, it still belongs to him. He's a jerk!

    I could use some legal advice for my mother.?

    My mother has temporary custody of my two nieces and my nephew. My sister has already given up her parental rights on all 3 kids. My nieces dad (diff. from my neph.) wants custody of the girls even though he is accused of sexually molesting the oldest (9 yrs.) when she was 5. My youngest niece is now 3 and is the only one who has visits with him once a week for 2 hrs. He is an illegal from mexico who lives in a camping trailer. Our cps worker is a complete idiot. If you use large words with her she just stares at you until you re-word it. She says that she won't go to court yet for full custody because we will loose. My mom has had them for a year and a half. We just went to court because he wanted visits with my oldest niece, but thanks to her counselor he has been denied. If you would like more info to help me, just email me and I will get back to you asap. This whole thing is confusing and wrong to me.I could use some legal advice for my mother.?
    Your mom probably needs an attorney specializing in family law to help her file for full and permanent custody of the girls. An attorney could probably convince a family court judge that the nieces' father is not entitled to any custodial rights to his daughters and should have only supervised visits if there's even a chance the accusations about molestation are true. He cannot provide a proper home for them, not even over a weekend visitation, in a camping trailer, and the fact that he is here illegally will also count against him, as INS could easily deport him and leave the girls with no parental figure--unless your mom has custody.I could use some legal advice for my mother.?
    talk to somebody

    Can someone offer some legal advice about property damage (in VA)?

    I'll try to make this as short as possible...





    We (Hubby %26amp; myself) have temporarily moved in with my parents due to arrangements regarding another rental unit not working out as planned. Anyway... As a result, we have also rented a storage unit for the majority of our belongings.





    Getting to the point... There was a recent down-pour here, and more than half of our household was drenched. The storage owner had the audacity to offer us $75. Then, after we declined, he said that he would consider more if we (himself, myself, %26amp; my husband) together inspected every item to see if it is defective or not.





    Inspecting each item is insane: 3 DVD players, a DVD recorder, a VCR, 2 TVs, 300+ DVDs, 100+ CDs, several VHS tapes, surge protectors, cables/cords/connections, a tape recorder, a stereo, ....The list is HUGE...





    And he (owner) claimed that a judge would ask the same (that everything be itemized %26amp; tested). Sounds like bull schit to me. But, while I'm familiar with many aspects of the law, property damage is something that I've never gotten into.





    We have photos of wet spots, of horribly damaged boxes, of the roofers on the roof of our storage rental unit on the day after our complaint, etc...





    What do you guys think? Any advice/input? Can someone offer some legal advice about property damage (in VA)?
    I think the first person is right about going to court, but he's off his nutt about a judge requiring everything to be checked out. That is NOT itemizing. Damn........300 DVD's? What judge would require watching over an hour x 300 DVD's? Can someone offer some legal advice about property damage (in VA)?
    The storage owner IS right in that a judge would ask that each item be itemized--after all, if 25 of your DVDs are still working, then the storage owner would not be liable for that $500 or whatever that's worth.





    However, it sounds like the storage owner is NOT going to give you the fair value of all your items--so I think you should bring a lawsuit against him.





    Just my 2 cents, you should probably consult an attorney.

    PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??

    Hi guys, I am in DESPERATE help for some advice. A week ago, I had 5 friends over my apartment. We had NO blasting music, and were just watching tv, and some of my friends were hanging out on my balcony. The police knocked on my door and gave me a misdemeanor for ';Disturbing the Peace';, with 5 people !! and NO blasting music. He was a total ***, and didn't give me a warning. A few days later, my neighbors had a party with blasting music and over 20 people. I videotaped some footage, called the police on them, and the cop gave them a WARNING!! With over 20 people and Blasting music. Where is the logic here??


    I never been charged with anything, I am a 22 year old student, about to get my teaching credential. This is going to mess up my career, and I need to know if it is possible to contest this misdemeanor and reduce it to an infraction, or expunge it?? And if my video tape is enough evidence for court.. Please help me guys, I don't know what to do and this is eating me up inside =( Thank you so much. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
    Plead not guilty for sure. The key though is going to be appearing in front of the magistrate in a responsible and mature manor. Do not argue the fact that the cop may have been a jerk. That fact is irrelevant once the citation is written. The best thing you can do is show up and be as respectful as possible. Explain your situation with your chosen profession and the impact this would have on your record. Tell them that your concern is not about the fine rather your record. Leave the neighbors and whether or not it was “fair” out of it. Trust me that will only hurt you. As long as you were not a jerk to the cop and you behave yourself in front of the magistrate you should be fine. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
    If it is anything like a traffic ticket, they give you a court date. If you show up for the court date with your argument (include witness statements and your evidence that another neighbor was first given a warning) you will at least receive a reduced fine, if not better. They really favor those that take the time to show for their court dates. Good luck!
    disturbing the peace is minor its nothing 2 worry about i done things 10000 times worth when i was 12 yrs old lol ur friends must of done something like throwing things off the balcony or something u don't know about dw about it, it wont screw up ur career unless they arrest u and take u 2 court and press charges theres nothing 2 worry about
    yes you can fight it and you need to and bring Friends with you to court and the other thing since you have pictures fight that in small claims court or jp court and get it right this time.
    Since you said ';balcony';, I'm going to guess it was probably your downstairs neighbors who complained, if you weren't that loud. Footsteps of 5 people moving around can be noisy. You don't have to have blasting music to disturb someone. Most apartments have paper thin walls and just talking, joking and cutting up will set some people off.


    You can go to court on the day specified and dispute the charges. If the cop doesn't show up, there's a chance it will be dismissed. Even if he does, you have a chance. Go in, politely explain that you've never been charged with anything, and you are worried about the misdemeanor causing a problem when you go to get a position. Dress as if you were already a teacher, be polite and don't get upset. The tape probably won't do you any good unless you have something to prove how un-loud you were. Perhaps a neighbor would vouch for you?


    Good Luck!
  • cover girl
  • PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??

    Hi guys, I am in DESPERATE help for some advice. A week ago, I had 5 friends over my apartment. We had NO blasting music, and were just watching tv, and some of my friends were hanging out on my balcony. The police knocked on my door and gave me a misdemeanor for ';Disturbing the Peace';, with 5 people !! and NO blasting music. He was a total ***, and didn't give me a warning. A few days later, my neighbors had a party with blasting music and over 20 people. I videotaped some footage, called the police on them, and the cop gave them a WARNING!! With over 20 people and Blasting music. Where is the logic here??


    I never been charged with anything, I am a 22 year old student, about to get my teaching credential. This is going to mess up my career, and I need to know if it is possible to contest this misdemeanor and reduce it to an infraction, or expunge it?? And if my video tape is enough evidence for court.. Please help me guys, I don't know what to do and this is eating me up inside =( Thank you so much. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
    Plead not guilty for sure. The key though is going to be appearing in front of the magistrate in a responsible and mature manor. Do not argue the fact that the cop may have been a jerk. That fact is irrelevant once the citation is written. The best thing you can do is show up and be as respectful as possible. Explain your situation with your chosen profession and the impact this would have on your record. Tell them that your concern is not about the fine rather your record. Leave the neighbors and whether or not it was “fair” out of it. Trust me that will only hurt you. As long as you were not a jerk to the cop and you behave yourself in front of the magistrate you should be fine. PLEASE help anyone! Need legal advice- Aren't I supposed to get a warning for DISTURBING the PEACE??
    If it is anything like a traffic ticket, they give you a court date. If you show up for the court date with your argument (include witness statements and your evidence that another neighbor was first given a warning) you will at least receive a reduced fine, if not better. They really favor those that take the time to show for their court dates. Good luck!
    disturbing the peace is minor its nothing 2 worry about i done things 10000 times worth when i was 12 yrs old lol ur friends must of done something like throwing things off the balcony or something u don't know about dw about it, it wont screw up ur career unless they arrest u and take u 2 court and press charges theres nothing 2 worry about
    yes you can fight it and you need to and bring Friends with you to court and the other thing since you have pictures fight that in small claims court or jp court and get it right this time.
    Since you said ';balcony';, I'm going to guess it was probably your downstairs neighbors who complained, if you weren't that loud. Footsteps of 5 people moving around can be noisy. You don't have to have blasting music to disturb someone. Most apartments have paper thin walls and just talking, joking and cutting up will set some people off.


    You can go to court on the day specified and dispute the charges. If the cop doesn't show up, there's a chance it will be dismissed. Even if he does, you have a chance. Go in, politely explain that you've never been charged with anything, and you are worried about the misdemeanor causing a problem when you go to get a position. Dress as if you were already a teacher, be polite and don't get upset. The tape probably won't do you any good unless you have something to prove how un-loud you were. Perhaps a neighbor would vouch for you?


    Good Luck!

    Can someone give me legal advice about this?

    My friend won 200,000 in the lottery and said he would buy me a boat for my birthday. He kept talking about. So as my birthday approached I became certified as a captain and bout a whole captains uniform. I also bought a 150 dollar bottle of champagne to cristen the boat. Lastly I paid the very expense three months of docking fees for the boat. My birthday came and he gave me a toy boat. He refuses to reimburse me for all my expenses. Can I sue him in small claims court for my money back that I paid out and some damages?Can someone give me legal advice about this?
    You cannot sue him because technically, he DID give you a boat...just not the one you were hoping for.





    I just hope this is a joke because to put out money for a gift you MIGHT get is ridiculous.Can someone give me legal advice about this?
    No, but I bet you could make good money off of one of those Funniest Video things, or get lots of youtube exposure, if you docked your new boat, and just sat next to it in your sailor suit, while people took pictures...heck, it would be even better if you contacted your local media, and had them come out while you Christened it, all dressed up in your sailor suit.





    I do feel sorry for you, but that mental image is going to stick with me for a very long time.
    No, you cannot sue him unless you have a contract signed by him to buy you a certain boat.


    You sure acted like a fool to do all the things you did and even if you had a contract, he would not be responsible for your expenses.
    So he promised you to buy you a whole freaking boat and you want to sue him when you find out he was kidding?





    Some friend you are.
    NO but thanks for the laugh, a promise is no longer a contract.~!
    stop mooching

    Hopeless loss of Identity: Legal Advice Please?

    I'm here seeking help for a friend.





    He is 27, lost his license, SS Card, Birth Certificate, carries no Med Insurance, Lost his car title, No Passport.





    He recently got a Certificate with his brother's help. Went to DPS to get a new ID: License suspended. Must have two supporting documents to obtain an State ID.





    Mind you, this is not responsible behavior, but we're trying to turn it around.





    School Records require photo ID, as do vehicle titles. Social Security requires photo ID, and we are left in this vicious circle.





    How can he obtain a official photo ID? Needs it for employment and obtaining housing.





    There has got to be a way. People lose all their belongings in house fires and incidents, and they have to be able to regain identity... but how?Hopeless loss of Identity: Legal Advice Please?
    People do lose all in a house fire and such but they also have bank records, insurance records and such. To the point where you can schedule an interview with DPS.





    I went through this whole flippin nightmare once. DPS (DMV where I live) would not give me a new ID without certain things... particularly a photo ID. Social security won't give you a new card without it as well. Same with everything. Every agaency wants something from another so no way out.





    I hit on getting a passport. Now they talk about what they call ';pocket clutter';. Library card, bank statements, paystubs and all of that. Voter registration card mailed to your address and such. Did that.





    When I got there they were not interested in that. There is a form where a family member can certify that they have known you for five years and they show ID themselves. You will want to go to the State Department site (passports) and look at all of that.





    Once he has a passport he will be able to rebuild all easily.





    I was amazed that the State Dept. would give me a passport (the uber ID) and DMV wouldn't. I went back to DMV with my passport and all was well. For employment you only have to show a passport... nothing else.Hopeless loss of Identity: Legal Advice Please?
    If he was born here in the USA, find people who know him, especially aunts, uncles etc. Also, go to the hospital where he was born. his doctor, the IRS if he has filed an income tax return. Get the people to write a letter verifying they have known this person, any medical records will also help. Having a brother, with, records of his own, a DNA to prove he iS his brother. If he is working and has a work badge, and has been there for sometime, ask the company to put a picture of him on the badge. You say he lost his car title - then his insruance company should have some records on that. If he still has the car,the VIN number can be used to verify the car's owner etc. Does he have any pictures of himself at all? Say with your family and friends? Something here, doesn't seem right though. Anyone loosing all his documentation, there HAS to be a paper trail. When he lost all this stuff, why didn't he go to the Police and tell them? You say, No passport. Sounds to me this is all about his license! Need more information please!