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David M. Axinn

David Axinn’s Answers

603 total


  • How do I start the process of filing a law suit

    I feel I was discriminated and I wanted to know how long do I have to file a law suit

    David’s Answer

    I cannot answer your question without knowing more about the nature of your case. You may want to sit down with an attorney and have an in-person consultation.

    I can say that one place to start is the Pennsylvania Human Relations Commission. http://www.phrc.pa.gov In most cases, Complaints must be filed first with that agency, before you go to court. Complaints must be filed with the agency within 180 days of the alleged act of discrimination.

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  • What is the law about my husband adopting my 3 children? How would I go about doing this? Could this be Child Abandonment?

    I have 3 children who I have sole custody of with their biological father having supervised visits. The reason for that is hes on Megan's Law for life.We had a evidential hearing which gave me the sole custody and him the visitation with someone t...

    David’s Answer

    It may be possible. The easy way would be to ask him for his consent to an adoption. If he will not consent, you could file a Petition to Terminate his Parental Rights, either alleging that he has abandoned the children, or that he is incapable of meeting his parental responsibilities. Abandonment requires that for a period of at least 6 months he has "evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties." The Court will consider all of the surrounding circumstances, including what happened before and after the six month period, and also determine what is in the childrens' best interests.

    You should consult with an attorney, who would want to review with you all of the facts.

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  • Has my son's biological father abandoned him? Do I need his permission for my fiance to adopt my son once we are married?

    I was in a relationship that resulted in me having a baby May 2010. The father was at the birth and signed the birth certificate only because my mother is a pretty intimidating woman. After my son was born his father came around very little and st...

    David’s Answer

    Parental rights can be terminated based on abandonment, for a period of 6 months or longer. The facts you describe would provide a basis this.

    After his rights are terminated, the step-father could adopt without the birth father's consent. To do this, you would need to file a petition with the court, give notice, and present your evidence at a hearing.

    As has been suggested, you should consult an attorney who would want to sit down with you and review the circumstances in greater detail.

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  • Can I be charged for a DUI over 1 year after a car accident?

    I live in Pennsylvania and I was in a car accident in September of 2014 and I just received DUI charges in the mail over a year later. I was the only one injured and no property was damaged. I never released consent for blood work and was nev...

    David’s Answer

    Your first question is easy to answer: they have up to two years to file charges. As has been suggested, you should hire an attorney, who would want to investigate to answer a number of questions, including why charges were delayed. There are several ways in which the police can obtain bloodwork, including the use of a warrant. You would not necessarily have gotten any notice about a warrant before the charges were filed, but your attorney could obtain the paperwork, and determine if the warrant was properly issued.

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  • Do I have to have a attorney handle the transfer of deed in this matter ?

    Husband and wife have agreed on a 90 day no-fault divorce and have signed a marriage settlement in the agreement is stated that wife will take her name off of house deed given it to husband alone. House is paid off and has no debt or lien against...

    David’s Answer

    Although you are not required to have an attorney prepare a deed, doing it yourself is a very risky idea. Unless you are knowledgeable about real estate law, it is easy to make a mistake, which could invalidate the deed. Getting an attorney to fix a mistake would cost you a lot more than paying to have the deed properly prepared in the first place.

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  • Does she have the right to file for support from me since her ex signed the birth certificate

    Child is going to be 8 years old ex husband man signed birth certificate at birth now her mother what's me to pay child support. Perversity is now in question since she got remarried.

    David’s Answer

    Unfortunately, this is not an area of law where a simple answer can be given. The answer is most likely that she cannot now seek child support, however there are a few cases which suggest that she might be able to seek DNA testing. Some of the facts that might be considered include the relationship her ex had with the child, whether she accepted support from him.

    You should sit down and speak with a lawyer about this. If she has filed for support, you may want to contest her right to even seek DNA testing to determine paternity.

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  • Can Ex wife send daughter to a detention center?

    Joint custody with ex wife of my two girls but their legal physical address is their mother's. They don't want to be with their mom at all and they fight every time they are there. My 17 yr old walked to my house after another big fight on Sunday....

    David’s Answer

    • Selected as best answer

    This is a complicated situation, and I cannot give a complete answer in this setting. I would encourage you to sit down with a lawyer to discuss it. I can make a few general comments.

    1. A parent cannot simply "send" a child to a detention center. Normally, a child is only detained in that type of setting if they are accused of committing a serious criminal act. A child who is running away might be placed in a treatment facility, if the child is in need of mental health treatment. Either of these situations would involve a process, with a hearing in Juvenile Court.

    2. You could be in trouble if you are found to be breaking the custody order. One possibility would be to file a Petition to Modify the Order.

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  • My sister and I have POA on our Aunt that lives in cresson pa. We need to hire lawyer and no one will call us back. Help

    He 84 year old brother keeps taking her to her banks and putting his name on everything. He also had her pension and ss direct deposit put in to his account. We have been working with the dept of aging. We need to hore a lawyer. Please help us,

    David’s Answer

    You should consult with an attorney.

    One other step you might take would be to contact the Cambria County Area Agency on Aging, 110 Franklin St ·, Johnstown (814) 539-5595. They could intervene in a situation where an elderly person is being taken advantage of financially.

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  • I was wrongly accused of theft, stopped in the store with the items still in the cart.

    Cops came, I was handcuffed and placed in cop car. I told cops to get video and they did. they called me later to tell me they saw in the video I never stole anything or attempted to steal anything. Do I have a suit against the store for falsely a...

    David’s Answer

    You may have a case against the store. In order to detain you, the store would need to have had "probable cause" to believe that you had committed a theft. Probable cause is not the same as proof beyond a reasonable doubt, but they would need to have observed specific conduct that would lead someone to believe that it was likely that a retail theft had occurred.

    As has been suggested, you should consult with an attorney to discuss this in detail.

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  • Changing my minor children last name.

    I have 3 minor children that I would like to change their last name. I have complete sole custody of the children the children father only can see them with someone being present due to criminal background. As the court order reads I keep him info...

    David’s Answer

    • Selected as best answer

    To change their name, you would have to petition the court. The father would be given notice of the hearing, and could object. The Court will make a decision based on what is in the best interests of the children, based on all of the surrounding facts and circumstances. The facts you mention are certainly ones that provide a good argument for your request.

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