Law Questions and Answers
Visitation rights?
my childs father is trying to take me to court because he claims that i violated a visitation demand and he had no conception about my childs whereabouts, which is a not tell the truth, but anyway can anyone tell me what rights dose a man enjoy who refuses to financially filch care of his child and when visit makes child self esteem differ by relating them they need to exercise because he dosen't want them to be hefty, now mind u this child is not large or dose not have an ounce of body plump on her, i think that he is crazy. making the child develope a rash complex about themself, and dont want to communicate or compromise beside the mother about things concerning the child. his whereabouts is confidential, so how can he get hold of mad going on for visitation when he dont do anything for this child that is positive? they pg (paternal grandmother), and father spoil child so when she comes home she is disobedient and act like she dosent want to be home. how can i find this character out of my and childs natural life,any advice?Answers: First of adjectives, you can't get rid of this "character" within your life. You chose to pro-create near him, so the best thing you can do for the benefit of your child is to accomplishment civilly and tactful beside him in regard to y'all's child. Be greatful that he at least requests to participate contained by your child's life where on earth other fathers choose to fail to acknowledge. He can petition to the court to hold you in contempt of court if you did deny him visitation, if and individual if there is a court mandate order for it.
The best piece you can do for the sake of your child is to swallow some pride and talk beside the father of the child. Try and come to agreements and terms.
On the other paw, the court can enforce the support order if not find him guilty and impose correct punishments. Other than the stated support order he does not enjoy any other legal requisite, unless otherwise stated in the proclaim.
Edit; if there is no official documents stating what can/can not be done, that's something you need to hash out near the father of your child.
Legally visitation and child support are two separate and unrelated issues. How he treats the child may be grounds to alter the visitation order. You would own to address both issues in court. In the adjectives, document every visitation and every conversation about visitation.
Edit: In response to the first answer, moving away from the nouns without the courts consent may put YOU surrounded by violation of the visitation proclaim. DON'T do anything to interfere with visitation minus consulting an attorney.
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Is there a deadline when it comes to motions underneath Roberts Rules?
I made a motion with my body a while back and it consists of money. This be about 3 years ago. Now I asked if I could obtain the money back because it be out of my pocket supporting the organizations support toward an event. I be told because it happened long ago they will not foot me back. Can they do that? I anticipate it was a motion that be approved to pay me hindmost when they had plenty funds.Answers: Robert's Rules does not establish a deadline, but the organization may any have such a policy, or it may simply own decided minus such a policy that you waited too long.
Speeding ticket for 101 mph, bail set at 750, court 250 miles from home, court tomorrow, should I go 2 struggle?
Okay, so I got a ticket at 4:00 am contained by fresno on the highway, the cop said I was going 101 mph, I own no tickets on record. So it turned out that I get a notice surrounded by the mail to show up surrounded by court by October 1, tomorrow happens to be the just day I can run there. Then, a month after that I got a bail amount sent surrounded by the mail for 750 dollars. Its simply a regular speeding ticket too. I'm 22 years old. No transcription. Do I have to jump to court if I pay the 750? If not, should I walk to fight it tomorrow, even though it is such a long drive, 250 miles to be exact, and I hold work tomorrow night and I own to leave at approaching 3 am to get nearby by 8am.Answers: Well I would not go as far to utter that you should do 101 MPH to fight it, but otherwise certainly yes you should go.
This is not "basically a regular speeding ticket". You were cited for an alleged sacrilege of Vehicle Code section 22348 subdivision (b), and not clause 22349, subdivision (a). If you pay the $750, you will attain 2 points on your driver's license, you will not be allowed to take traffic arts school to remove those points, and you may be suspended up to 30 days. If you're found guilty then one and the same will happen, so it can be argued that you really risk completely little by pleading not guilty.
If I were you, I would contact the CHP Officer after he receive his subpoena. Regardless, if he used pace by speedometer or clocked you by radar, any device will solely be so accurate to a certain amount and have at lowest a 1% chance of error. Tell him that 1% sour 101 MPH is 99.99%, and by law he must prove beyond a fine doubt that you exceeded 100 MPH. I would give him the adjectives to amend the citation to the other speeding violation, transport traffic school, erase the point, and put aside over $500. But if he says no, next tell like peas in a pod thing to the Traffic Commissioner, and she will dismiss the entire point down to zero!
Additional Details:
I am afraid I get carried away and never answered your question, and very soon it is too late. Please follow up near your current status and I will try to walk you through this the best I can. Post the $750 bail, if it is due today and you're only just now putting it within the mail consequently let them know, phone the clerk and get an extension over the phone. Request a trial by messages. I would hardly provoke the Officer's accuracy of identify your vehicle as the one which was allegedly going close to 35 MPH over the speed hinder. However, I would challenge the meticulousness of the speed. If the Officer testifies that he is 99% indubitable of your speed then you cannot be guilty of CVC 22348(b). Someone else said that typically an Officer will not ticket you for going a couple miles over a betrayal of CVC 22349(a). That is because it is easier to prove that way, while 66 contained by a 65 is definitely banned, it is just to thorny to prove. On the other hand 70 or even 100 contained by a 65 is more than likely going to shift the burden to the defense. Likewise, a CVC 22348(b) vandalism should be reserved for ones going a few miles over and those within simply a couple miles deviation it is just too close to hail as, so the CVC 22349(a) should then be issued next to certainty.
If I am not mistaken, your bail mind indicates a mandatory appearance, am I right? This does not mean you cannot do trial by post, however you're going to have to post bail surrounded by person. The Traffic Commissioner desires to advise you that you will be fined $750, you will receive two points against your license, you cannot thieve traffic school, and your license will be suspended for 30 days. And accordingly, you cannot simply just letters in the clearance. Hopefully as I am editing this you have already arrived or will be contained by the next 15 minutes. As some own said the Traffic Commissioner may take judicial see of the accuracy of the equipment used and on her own motion may dismiss the shield, as the evidence on its face would indicate that it is more credible than not that you are not guilty as charged. Post an update as soon as you make it home. Please details that $500 is the base fine singular and additional cost assessments may exceed this amount. Each county is a little bit different so it may be slightly smaller quantity than $750, but I can almost certainly guarantee that it will be over $700 no issue where you step in this state.
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Yeah, walk and fight it. If you do 101 mph, you should be at hand in no time.
If you are going to spend money on this, you may as ably get an attorney to fracas it for you. In the long run, it would be cheaper. Who cares if you didn't previously own a record? You will immediately.
You should be able to fashion it in underneath 2 hours 50 minutes. So you shouldn't have to move until 5AM, but you might want to allow some time for parking.
Seriously, I always thought going over 99 MPH be considered felony reckless driving and that bail be something you paid as a promise that you will show up surrounded by court rather they sitting within jail until your audible range. Maybe I'm wrong, but you may be in more serious trouble than you reflect on. I think it's more than only just like going 15 MPH over the keep a tight rein on. You may want to ask an attorney.
You should have compensated the fine by now if you be going to pay. If you don't show a warrant will be issued for your arrest. I'd bring to bed early tonight, you enjoy get up by similar to 2am if you want breakfast & shower.
Oh, wait, you enjoy until the 1st to pay? Just wage it, and stop endangering the rest of us.
step there, plead guilty. they'll be hands-off on a first time offender.
They don't want to own a court case and they'll lower your fine to $250-$500.
If you don't stir you'll have a criminal dictation.
Look at Micheal Vick. he plead guilty.
If the cop doesn't show you can fight the defence and win because the cop is not there.
Radar? How you going to brawl that Chad?
Go to court and pay the fine, probably closely less than the bail.
On your track down, go straightforward on the gas, they'd love to catch you again.
if you row it and lose, your going to pay the ticket price and the court cost(about what the ticket is)..if you run they will drop the citation down one notch if you don't contest the charge..
the chp won't budge after you doing 70 in a 65 zone, they are waiting for individuals like you...
How long should it take to receive a motion to return seized property filed near the courts?
I was pulled over 10 weeks ago, and be never charged with any point. They took 2 laptops that were within my car (both mine, but a friend be using one of them).Since then, the cops (from 3 cities away) hold served a search warrant on my house, and took items not covered contained by the warrant.
My lawyer said he file the motion 8 weeks ago (2 weeks after it happened). And I still don't have a court date for this.
How long should this filch? I already have 4 different court rulings that utter the first seizure be illegale. But I can't seem to win the court date to present my case.
Thanks for helping!
Answers: Once the motion is file, the court clerk should have assigned a audible range date, at a date/time that is convenient to the court's calendar. Have your attorney contact the court clerk and request a audible range date be set.
If you want to sue a tax prepare company what nice of lawyer do you requirement?
I had a company prepare my taxes and they if truth be told messed up my paperwork. I was supposed to win a state and federal refund and they messed up the name of my children on the paperwork so now I own to pay $5,000 to the IRS. But the company admit to having made the mistake and are supposedly trying to bring back this fixed but they have be doing this since Feburary. So I just want to know what form of lawyer do you call for to sue these people so they enjoy to take nurture of all the fines because it be their mistake.Answers: Hmm, that's a tricky one. Check to see if the paperwork you signed with them have some kind of terms about a guarantee or a promise of correctness, and if there is, next you might have a grip for breach of contract. Either way, you should also contact a charge lawyer, since the IRS is already trying to procure an additional $5K out of you for their mistake.
You entail to get a attorney who specializes in common civil trial practice, but you will have a not easy time finding a good legal representative for this case because it doesn't nouns like there's much money involved, and I assume you don't want to reward an attorney $300 per hour. Instead, you might want to call your state's bureau of business regulation to file a complaint. You may own to make a few call to various state agencies to find out how this unusual business is regulated within your state and what agency will investigate the complaint. But, it is worth pursuing because contained by this way you can put some warmness on the company and they may decide to resolve the dispute a touch faster.
Do jurors get conjugal visit if they are sequestered for a long period of time (for an entire trial?)?
Answers: NO!! That would thrashing the purpose of being sequestered.
NO...
"be there...done that" be on a jury for 7 months. :)
I don't think so. that would facilitate "sharing details give or take a few the trial".I would assume.
But I'm no expert. Hope someone gives an standard answer though, this is a very suitable question!
LMAO!
What form(s) do I need to wallet to get allowed guardianship of my son?
I am a resident of California, 2 yrs ago my son was placed surrounded by my mothers care and The childrens court deem gave her legally recognized gurdianship. Now that I am able to charge for my son, my mom and I would like for him to come home to me. Childrens court say the case is closed and to directory with a local own flesh and blood court, the clerks office won't relay which form I need, I've looked online etc. I really freshly need to know what forms to profile to petetion for legal guardianship.Answers: You call for to go to nearest and dearest court and petition the court for custody... unfortunately, the court will not backing you with this, so you'll involve the services of a family court attorney. try the Legal Aid society...
You have need of to file a Petition for Termination of Guardianship contained by the same court and next to the same bag number as the original guardianship deed that gave custody to your mother.
You will call for to show good create. You need California GC-255. Find it here: http://www.courtinfo.ca.gov/forms/
Why should we not be allowed to drink at 18?
when we can go to time of war, and get our legs blown sour?Answers: If you are in the service you can drink on plinth and most foreign countries.
But I agree with you, you are a lawful adult, you can vote, you can enlist surrounded by the armed forces and put your life at risk (or attain your legs blown off, God forbid) you should be capable of drink.
I enlisted within the Army in 1966 at the age of 18 but could not rightfully buy a beer in the states (except on base) until I get out in 1969.
I have an idea that that at minimum, an 18 year old beside a Military ID should be able to legitimately drink.
why go to time of war at 18
and you want to drink
they don't force you to join but you force yourself to want to drink
The biggest sense used (rightly or wrongly) has to do next to "your circle of friends".
Politicians have be convinced (by data and by special interest groups), that the circle of friends of an 18 year weak typically includes 16 year olds and 17 year olds.
The line of thinking is that if you dispense access to alcohol to 18 year olds, they will then turn around and present alcohol to their 17 and 16 year olf friends.
Moving the legal age up, resources that the age of people surrounded by your circle of friends, also increases, so when you do provide alcohol to your friends, at least they are elder...
The belief is also that a 21 year old is more season and responsible thatn an 18 year old, and they WON'T supply alcohol to underage friends... I don't buy that one..
Finally.. insurance companies push thorny for older legalized age, because it significantly reduces their liability (they really sau "trade name the roads safer")... go numeral.
I don't think 18-year-olds should be sent to period of war, either.
The problem beside drinking at age 18 is that so many infantile people are still within high academy at that age. What always happen is that people a couple years younger than the drinking age will be getting it from their elder friends.
They set that back to 21, to stop the high-school drinking party.
P.S. If an 18-year-old came home beside his legs blown off, I predict somebody would buy him a beer, and I seriously doubt that anybody would arrest either one of them for that.
To put it bluntly, the decree is not worried about you. It's more concerned next to who you hurt. It's a fact that most drunk drivers don't die contained by the crashes they cause, singular the innocent people they hit.
When surrounded by war, you're supposed to conflict soldiers who've agreed to fight, not innocent citizens.
Now the exact age of later life can be debated. Definitely 15yr old's shouldn't be allowed to drink, but even some 25yr olds can't touch their liquor.
The drinking age used to be 18. But over the years the 18-20 year olds proved time and time again that they couldn't/wouldn't act resembling adults after a few drinks. So the Govt raised the age put a bet on to 21.
If it were up to me, I'd bring to the fore it to 25
How do I get my money subsidise from being scammed?
I be sold a blog website, much like this one and I can't blog. The tech support told me they'd fix it and they won't. It cost me $250!!! They said no reimbursement, how do I get my money rear legs?Answers: Spend $2500 to hire a lawyer to sue them.
I have a similar situation with a company so I know how you get the impression.
If you paid by paypal or credit card, you can can dispute the charges next to them & they will investigate.
Contact the company and tell them this is your end attempt to resolve the situation before you report them for internet fruad. If they don't respond, filch action.
Here are some websites you can progress to to report internet fraud and get more info on it.
Good luck!
small claims court, argue they didnt fulfill the contract
If you sue a company for personal injury, can they legally fire you?
I be recently injured at my mission due to equipment failure. The quirk resulted in a fractured elbow accordingly I`am off work for several weeks. I own obtained a legal representative and he is working to reach a settlement. Anyway, can the company fire me for seeking suing them?Answers: employer can you let you for pretty much nought.
they can call it a layoff or termination or anything.
In California most employment is "At Will" employment. this means that any you or the company can terminate your employment at any time and for no specific aim.
so...i do agree...they will eventually find a reason to tolerate you go...start looking for another undertaking now.and do not bring up to date the new company something like the law suit.
angelic luck :)
The answer will vary by state. Generally, if they fire you inwardly 6 months (the time period vary wildly) of your claim, there is a presumption created that they fired you out of retribution, and they must show newly cause.
Public policy dictates against firing empire for pursuing their legally guaranteed rights. In abundant places, this overcomes even the at-will employment doctrine.
Depends on where you live. In NC for example, an employer can cancel your employment at any time. It's a hire/fire at will kind of state. Look into your state's labor law.
(on a side note, why would you want to stay at a company that you are suing? Talk around awkward!)
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