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Robert Andrew Michael Burns

Robert Burns’s Answers

3,854 total


  • My fiance gave his rights of his son while he was in jail can he still get paternity test

    his son was in foster home but got adopted..now his paying health insurance..his child support went to zero..can he still get paternity test although the child is 16 years old

    Robert’s Answer

    Perhaps, for basis constitutional rights of access to his son; but, if he waits until his son is emancipated or if he can get cooperation from him meanwhile he can use an inexpensive test via www.23andMe.com or FTDNA.com.

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  • Is it legal for a Car Wash to discriminate others because of their color, race and to abuse them because of their disability?

    I had a coupon for a Free Express Car Wash from Toyota. The Mgr., an Hispanic looking male refused to dry my car by claiming that they don't dry Express Car Wash. After I noticed that they were drying others' cars I complained it to him and ques...

    Robert’s Answer

    I concur with my Avvo colleagues. I suspect that you encountered an unprofessional eejit. I am not persuaded that the eejit's animus was disability based. That some favored person gets a gratuitous drying doesn't make "they don't dry Express Car Wash" a lie or make your a victim of unlawful discrimination. It seems that the eejit needs to hear from his supervisor and/or take some Midol.

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  • Can I sue someone living in my house for emotional trauma/stress?

    In my household, there is me, my mom, my 3 aunts, my grandfather and his wife. His wife is a real nutjob that is painfully destroying my family. I have had mental issues my whole life and now, she has caused me to have PTSD on top of all that. ...

    Robert’s Answer

    I concur with my Avvo colleagues. You need expert medical opinion to differentiate your pre-existing mental conditions from those caused/aggravated by your step-grandmother. You give no evidence of any right to control who lives in that home; until then, you have a duty to mitigate your damages by getting the woman arrested/treated or moving out.

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  • Why should I not want to represent myself in Family Law court?

    I know I am asking attorney's this, and you work for money, but why wouldn't I just represent myself in family court for divorce when my retained attorney does nothing for me other than take money every time I call and ask a question? I am the on...

    Robert’s Answer

    Well, the Zen response is, "Why don't you just represent myself in family court for divorce when and cease asking your retained attorney a question?"

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  • My child's father has visitation only and says he doesn't get the full time I state he can have with our child.

    We had joint custody and the court just awarded me sole custody of our child. Father only gets visitation and left it to us to figure out a schedule. Father keeps telling me that I am not giving him the amount of time of visitation as we agreed ev...

    Robert’s Answer

    It's legal but unorthodox and controlling. Usually, what is done is either or both parties keep a "visitation log". You could do so and E-mail him your visitation log after each visitation period has been updated in your log; that would make him look like he agrees with your log to the extent that he doesn't dispute it.

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  • In divorce WHEN DOES DISCOVERY END????

    I submitted my discovery on 31, Dec Last year and was not challenged. We filed for settlement conference on June 8 and were granted that. Now on July 6th they are asking informally for a bunch more documents.

    Robert’s Answer

    Informal discovery need not ever end. The Court should give you a deadline in which to complete formal discovery.

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  • How can you get emancipated at 16 while 30weeks pregnant?

    I'm 16 and want to get emancipated so I can live with my fiance to raise our quickly coming son together but my mom will not allow me to leave till I'm 18

    Robert’s Answer

    Short of somehow getting married or entering the military service, your Mom (and Dad) is empowered to veto your emancipation.

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  • I need a Landlord Tenant lawyer in palm springs, California with toxic tort /mold experience, and strong litigation skills that

    toxic tort /mold

    Robert’s Answer

    You will need to find that lawyer. Maybe someone in the forum knows such an attorney; I don't. You can seek a referral from the Imperial County Bar Assn., use the Avvo attorney-locator tool, or do an internet search to find attorneys with a good track record in such litigation. But, this is from a former tenant organizer and attorney, myself: Few tenants have the financial stamina and financial stake to keep with any litigation, and a tenant's obligation to mitigate damages usually prevents or decimates mold claims. Furthermore, you need expert witness support for their being mold to which you were exposed which caused you substantial losses which you couldn't reasonably mitigate; otherwise, you cannot reasonably expect anyone to invest much litigational time and expense in your case.

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  • Does family court have jurisdiction over a third party? Someone filed a lis pendens on my property through family court, and I

    am not a party. What rules of procedure apply to family court? Would I have to intervene?

    Robert’s Answer

    You have real estate. You have a Family Court file. The lis pendens paper may or may not arise solely out of that case. This is an obvious situation for consulting with an attorney made knowledgeable about the facts and circumstances; this cannot be done on this forum. You can try the free Family Law Facilitator at the Courthouse.

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  • I was wondering if there is any way I would be able to change court from Fresno to San Diego?

    My ex lives in Fresno county and that is where the child custody case is currently being held at. My son and I lives in San Diego county.

    Robert’s Answer

    If you have time, I'd open a case with S.D. Co. Dept. of Child Support Service and see if S.D.C.D.C.S.S. will change venue for you.

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