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Caryn S. Fennell
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Caryn Fennell’s Answers

482 total


  • Spouse and I cannot come to custody agreement., I'm moving back to our home town. He doesn't think i should take our kids (2).

    I am moving back to PA in 2 weeks. My grand"mother" (she raised me) has been placed in a nursing home. She requires 24/7 nursing care. My marriage has been rocky for a few years but I was always too dependent on him to leave. Both of our families...

    Caryn’s Answer

    Both of you are on equal footing until a divorce is filed and a custody order is entered. However, if you leave the state, then he can go to a Superior Court Judge and obtain an Emergency Order forcing you to return the children to Georgia during the divorce. You may consider consulting a family law attorney before you go because if you leave and he obtains an Emergency Order then that will be hard to overcome. It would be better if you file the divorce before you leave and petition the Court for permission to relocate with the kids during the pendency of the divorce. That way you get the court on your side, versus against you via an emergency order.

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  • Who do I go to when you have 50/50 custody and one parent lives out of state and you need to change custody aggreement ?

    Custody agreement is in NC. I live in GA and need to change custody agreement. Agreement is in NC. There's some emotional abuse going on. I need help fast. My daughter is here with me now.

    Caryn’s Answer

    North Carolina is the proper place to start because of the UCCJEA (statute that governs custody jurisdiction). It is possible that you can move jurisdiction to Georgia but you need to consult an attorney.

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  • I got paid friday . My job overpaid me but i spent the money before they called me now they want it back or it will be "theft"

    I work At a temp agency The money overpaid is less than $700 They told me after I spent the money not first thing in the morning before I could not spend the money . This is the first time this has ever happened I offered to give them 200 a...

    Caryn’s Answer

    I think you have a problem because you should have know there was an error, thus this is theft and a felony charge as well. The job may be a lost cause but at this point you want to avoid the criminal charge. Will they take payments?

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  • I failed to file a certificate of interested parties. I am pro se will this allow a motion to dismiss to be given granted?

    I got all the other papers filed, Just not that one. Oversight! I filed a motiion in opposition to dismiss, PRELIMINARY REPORT AND DISCOVERY PLAN , initial discovery, filing discovery requests now...

    Caryn’s Answer

    Where is this pending. Is this federal court?

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  • Former Roommate abandoned apartment. Cannot rent room to anyone else with them on lease left room damaged

    refused to answer calls/emails about returning keys, rent, picking up belonging. Never returned my calls but I Received a warrant app in mail stating harassment that I paid rent my own choice.had to hire an attorney. Roommate was no show. Judge sa...

    Caryn’s Answer

    If you were both on the lease then you are both responsible, in a "joint and several" manner, meaning the apartment complex can come after both of you but if he/she does not pay, then you will be forced to pay 100%. If you pay the damage (through the security deposit, etc?) and at least protect your credit, then you can go after your roommate in Magistrate Court, if you can find them. But, collecting on a judgment is never easy. Best of luck

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  • I had a breast reduction due to medical problems.

    I am still suffering from the medical problems and the surgery was botched and I am very upset there is a 2-3 difference in cup size.

    Caryn’s Answer

    This is a med mal issue that is a tough case and you need a specialist. Be quick as there is a statute of limitations so you cannot wait forever to consult someone to see if you have a case.

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  • What is the process for separating from spouse

    what is time frame? what will I need? what has to be done? what if we have children? do i have to have him to consent/can it be processed w/out his consent? how will custody work with separation?

    Caryn’s Answer

    You can file a separation action or a divorce. They are both similar but the divorce is final. Either one requires you to file a petition with the court and serve your husband the action. After that then you can seek a temporary hearing to set child support, custody, visitation, etc. If you intend to complete a divorce, then file a petition for divorce and ask for the Temporary hearing because that will get you the separation support while the divorce is penidng.

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  • Do I need employment or criminal lawyer or neither?

    I was offered a C-Level position with a big 4 consulting company but I am current on probation as part of the First Offender Act and my probation is up in August 2015. There are several questions on the application that raised some concerns for me...

    Caryn’s Answer

    Both but start with a criminal defense attorney

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  • I was asked to falsify immigration docs for H1B workers by the owner of the company. I refused and am now being pushed out.

    Almost 1 month ago I was asked to falsify H1B documents- sign an LCA that had falsified compensation, falsify dates on multiple documents to pretend we had tried to fill the position with an american worker when no recruitment was done, etc. I let...

    Caryn’s Answer

    If you can prove what you are saying then find a good Employment law attorney using the avvo resource.

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  • My ex husband has a wage garnishment for back child support. Is his employer notified when he is hired?

    My ex husband has supposedly gotten a new job from the one that he had when the wage garnishment was set up. Will his new employer be notified of the wage garnishment, or is it his responsibility to mention it to them? How would I know if the new ...

    Caryn’s Answer

    No it is not automatic, but you can send the garnishment order to the employer.

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