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Carl P DeLuca
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Carl DeLuca’s Answers

566 total


  • What are the chances a TRO will be granted based on hearsay? If one is granted will that affect my husband's CDL license?

    Long,drawn-out child support case, father has had custody of kids for 12 years and and sole custody since 2007. NCP mother finally received a suspended sentence in family court yesterday and ordered to pay $50/week or $100 biweekly to stay out of...

    Carl’s Answer

    I think it is unlikely, though possible, that a judge would grant the order based on the facts that you present. I agree that it would be important for your husband to be represented.

    If his ex-wife has engaged in a practice of harassment, including fraudulently using legal process to attack him, your husband certainly has remedies available, including obtaining a restraining order against her. He may even be able to obtain a judgment against her for money damages, but that would only have value if his ex-wife has assets with which to satisfy the judgment.

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  • Since they are joint accounts, is this criminal? Would the homestead exemption protect me from losing the house?

    My grandmother added me to her bank accounts and named me the sole beneficiary in her will. The problem is that I have been using money in the accounts without her permission. She just hired an attorney and he has requested bank statements fro...

    Carl’s Answer

    I agree with Mr. Brinckerhoff. You need to consult directly with an attorney regarding this matter and I wouldn't publish any more information online.

    Contact one or more of us here on Avvo for a consultation.

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  • Do I need to hire a lawyer from Rhode Island, where I live, or Connecticut, where my children live? How do I find a good lawyer?

    My children live in Connecticut. I live in Rhode island. We have joint custody. We have been to court. I am allowed contact with my children by phone, Facebook, etc. I am allowed visitation according to the children's therapist. Their father refus...

    Carl’s Answer

    Under most circumstances you will need a Connecticut attorney. There are circumstances, such as if you were divorced in RI and the RI Court retained jurisdiction, where a RI Court would be appropriate, but in almost all circumstances you would need to litigate this in Connecticut.

    Good luck.

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  • I want to try and terminate his parental rights. Does my story help to prove him unfit its all court documented.

    I left an abusive relationship six years ago with my children about 4yrs ago my daughters father was trying to get joint custody with visitation. During that case I tried to work with him until my girls started complaining about going with him. I ...

    Carl’s Answer

    A parent can get sole custody and an order denying visitation to the other parent if the facts support the request and in this case the facts may do so.

    However, a parent can only terminate the rights of the other parent if a new spouse or the child's grandparent adopts the child in the terminated parent's place and only if they can prove that the parent has not seen or supported the child for a significant period of time.

    You should probable speak directly with one or more of us here on Avvo with experience in Family Court and terminations.

    http://caselaw.findlaw.com/ri-supreme-court/1142361.html

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  • Should I seek legal assistance

    While making a purchase at a local stop and shop checking out at the self serve I had an issue with the card machine and was distracted. My 8 year old had her hand on the conveyor belt and her right hand got sucked in. A fellow customer help me pu...

    Carl’s Answer

    I think it makes sense to speak with one or more of us here on Avvo. You raise an important question regarding the need for an emergency shut off.

    Financial compensation is not the only reason for or the only result from litigation, though your daughter may very well receive compensation. Many of the improvements to the safety of products and machinery result from litigation.

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  • Schedule J - Married filing separately from spouse. Do I list just my share of shared expenses?

    I am filing Chapter 7 separately from my husband. We share rent and utilities expenses down the middle. On Schedule J do I list the total amount of the above mentioned expenses or just my share?

    Carl’s Answer

    If you are filing separately and keep your income separate, you can list only the portion of the expenses you pay. This is one of those areas I have had to go back and forth with my clients to make sure that we are providing information to the court that is accurate. Make sure that you are providing the correct information to the court.

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  • He is dying of cancer. Am I responsible for debts.

    Husband in debt. Only in his name. House with huge mortage. No other assets.

    Carl’s Answer

    As a general rule, you are only responsible for debts standing in your name or for which you have somehow contracted to be responsible for or are legally responsible for due to some act or conduct on your part. However, in many states there is an exception to that rule. It is possible for a person to be held responsible for the medical bills of their spouse. If there are medical debts about which you are concerned you may wish to discuss your situation with one or more of us here on Avvo to determine if there are some steps you need need to take to protect yourself.

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  • How do I go about giving her mother custody or guardianship or rights or whatever is necessary for her to also have rights?

    When my daughters were 1 and 4 their biological mother took them and left our home in Rhode Island and moved to California. I fought for my girls and was awarded full sole custody. When one of my daughters was 8 she began having contact and visits...

    Carl’s Answer

    If your daughter had lived in California for 8 years, unless there was some kind of order/agreement requiring RI to retain jurisdiction, CA is the proper forum for custody. A motion to establish custody with the mother should be filed in CA.

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  • In rhode island is it possible for a child to be adopted by an uncle, or other relative considering father never involved

    In rhode island is it possible for a child to be adopted by an uncle, grandparent or other male relative when Childs father has never bothered with them in 6 years and never paid a dime. If he gives all rights away is it possible an uncle or other...

    Carl’s Answer

    It is possible for a step-parent or grandparent to petition with the mother to terminate the parental rights of the father and for the step-parent or grandparent to adopt in the place of the father. The grounds for such a termination and adoption would be lack of support and abandonment.

    Please feel free to contact me or another experienced Avvo attorney for a consultation.

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  • Can I enforce the divorce decree in Rhode Island, since it's been since 2010. No sell by or pay by date was ever given?

    I can not get my ex to give me my half of the home we shared in Rhode island. It's stated on the divorce decree, but my attorney nor my exes gave a date which to pay me by. Therefore my ex is refusing to give me my share. 5 years later I still wai...

    Carl’s Answer

    I would need to take a look at the Final Decree and any other pertinent orders and agreements in order to comment, but please don't provide any more details online.

    It is important that you speak with an experienced family court attorney. Contact one or more of us here on Avvo to discuss your options. There are certainly actions you can take, but your choices begin with the wording of the Final Decree.

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