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Paula Brown Sinclair

Paula Sinclair’s Answers

7,959 total


  • Is it legal for a loan company to call your job if your payments are late? ?

    Ive been having a loan company call my work every day because I'm late on a payment when i called and asked for the calls top my employer to stop she said she will not and will continue to call my job. I asked if ot was legal for her to contact m...

    Paula’s Answer

    There are few legal restrictions on creditors' attempts to collect their own debts. The rules are different for third party debt collectors. If the phone calls continue after you employer tells the creditor to stop calling your work place, Idaho's telephone harassment laws may apply and law enforcement should be contacted.

    And, no, despite what out-of-state counsel says, it does not depend on what is in your agreement.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My husband and I live in Idaho we want to relocate, there is a limited custody order for his daughter do we need can go to court

    My husband won full custody except two day visitation with her mother which has been revoked due to sexual abuse allegations she has been ordered not to see her mom by cps and traumatic councilor but the custody agreement has not been altered. She...

    Paula’s Answer

    No, you do not NEED to "go to court;" you WANT to do so. Despite the involvement of the state in the custody arrangements for the child, and despite the severity of the allegations of abuse and neglect, the contact rights in the original custody order are still in effect and, if the day comes that CPS is not longer in control, those contact rights can be enforced. The safest strategy is to seek modification of the custody order in a manner that addresses the CPS issues and allows the move. Because the state court probably will not eliminate all contact, a modification to limit contact to infrequent, brief, professionally supervised visits might serve the best interests of the child. The assistance of experienced family counsel is definitely needed for successful modification.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can someone with power of atty. rescind a signed will and submit an unsigned intended will?

    The new intended will leaves everything to poa's grandchildren and her brother

    Paula’s Answer

    Well, here is an excellent example of out-of-state attorneys offering incomplete and misleading "advice."

    While it is true that an unsigned will is absolutely without effect under the law of Idaho, and presumably the law of every state, the statutory form general power of attorney can, if properly executed by a competent principal not under undue influence, grant to power to change beneficiaries.

    To know exactly what is being attempted and accurately advise, court estate pleadings ( if any) and estate planning documents must be examined by local experienced estate planning or probate counsel. Here on Avvo we can offer nothing more than general information about the law and legal procedure, which falls far short of meeting your needs.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Custody and guardianship

    My son is trying to get a lawyer through legal aid to get custody of his son who the mother abandoned with him over a month ago. In the mean time can he get emergency guardianship, or would someone else have to. And would doing that make it harder...

    Paula’s Answer

    What exactly is happening here is far from clear. Emergency guardianship? Child abuse hotline? Neither. If the father was not married to the mother, he needs to establish his paternity. Until he does, he is a legal stranger to the child even, yes even, if "his name is on the birth certificate." He needs to petition the court for an order of filiation that includes a prayer for a decree of parental rights. Due to the absence of the mother, a temporary custody order under Rule 65 would probably be appropriate. Nothing short of representation by local experienced family counsel will meet his needs, and expecting Idaho Legal Aid Services to do so is unrealistic.

    Best wishes for an outcome you can accept and please remember to designate a best answer.

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  • This is not on the legal side I need help with family law

    my ex had a lawyer I didnot..I chose to listen to my ex and his lawyers wich was a huge mistake they said they didn't want the case to go to trial that we needed to come to an agreement b for twin weeks of a circle the next thing I know we have an...

    Paula’s Answer

    Much too much is missing from your description to know what remedies may be available. Nothing short of representation by experienced family counsel will meet your needs.

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  • What are my parental rights if I need to get out of an abusive marriage

    My husband threatens to not let me take my daughter If I leave him, but he hasn't ever changed a diaper or fed her or bathed her so I don't feel like it would be safe to leave her

    Paula’s Answer

    The child has a right to custody orders based on his/her best interests. It may become your duty to reach that goal. Theoretically the rights of both parents are equal until a court order decrees otherwise. With the unequal power between parents in an abusive relationship, the weaker/victim often must access other resources to protect the child. Start by finding your local domestic violence resources. They can coach you and help develop an "escape" plan that will allow you to maintain physical custody of your child. Be assured that when a court determines the best interests of a child, the prior track records of the parties in meeting the needs of the child are very important.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • How can I avoid my ex from having my child visit him in another state?

    My ex and I lived together in NC. He dumped me and said he was going to NY, so I moved to ID. Found out after I moved I'm pregnant with his child. He wants to try and get visitation rights to have the child go to New York with him. I don't want my...

    Paula’s Answer

    Much too much is missing from this question-- for instance, whether there was a marriage and divorce, or whether his paternity and parental rights have been decreed. Of course, if the visit in New York has been ordered by a court of competent jurisdiction, then compliance is expected until the order is changed. For the more precise advice you need, consult with experienced family counsel.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Would filing or currently being in a personal bankruptcy be grounds to be disqualified as a sucessor trustee of a family estate?

    The family trust states that upon the death of both grantors and trustee of XXX be named as successor trustee unless he is disqualified or he dies. Does the fact that his personal finances are in shambles and he is in the middle of a personal ban...

    Paula’s Answer

    What is meant by "in a personal bankruptcy" is unclear. There is more than one type of bankruptcy proceeding, and the difference could be relevant in determining trustee qualifications. There is no absolute rule in Idaho law, but because a trustee's ability to satisfy his fiduciary duties could be compromised by his personal financial impairments, disqualification is a possibility. The determination would be made by a judge.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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