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Keith LaSalle Allen's Answers
- 103 Legal Answers
- 0 Legal Guides
3
Attorney answers:
My husband passed away and all of my belongings were taken by all of his family members! they told landlord that i had moved.
You need to consult a probate attorney immediately. You also need to inform the landlord that you may not have been on the lease, but you lived there and were married to the lease holder, and that you are not moving out. He can't kick you out without doing an unlawful detainer, but he has to give you notice first. If the rent was up to date then you have at least through the end of the month before he can give you a 30 day notice to quit. You need to file a theft report with the police, naming...
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3
Attorney answers:
Daily phone calls from my kids have stopped. What can I do?
DOCUMENT DOCUMENT DOCUMENT... do the kids have their own cell phones? Do they use his cell phone to call you. If he is using the home phone to have them call you, is it a toll call to you that would show up on his home phone bill? You can subpoena the cell phone records to prove that he is not having the kids call. Depending on their ages, the court may find that he is not complying with the requirement to foster a relationship between you and the children and it could weigh in your favor in...
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4
Attorney answers:
Can I file a lawsuit? How much? Battered by a family member
You may sue, but as the other attorney said, you may have proof problems. Your question doesn't state when this happened, but if it was recently, you should file a police report asap.
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4
Attorney answers:
Child custody in California
Yes, you have a good case for a motion to change custody. How old are the DUI's? What is the status of the cases? Is she in compliance with the terms of her DUI probation? You should obtain the school records to show what their grades were and are now. You should also look at the attendance records, because based on what you wrote, there is a good chance she is not getting them to school on time or regularly. You should get copies of the police report regarding her recent missing person event....
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3
Attorney answers:
Separated more than 10 years from my husband, am I liable for debts incurred by him after our separation?
First you need to file a criminal complaint with your locale police department. You need to contact the three credit bureaus, get copies of your credit reports, file a request for investigation of the credit accounts that are not yours (telling the credit bureaus why the accounts counldn't be yours ie: they were opened out of state at an address you have never lived by your estranged husband) and request that they remove the accounts from your CB report. You need to file for divorce...
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3
Attorney answers:
How can I drop a criminal protection order against my husband that was filed by the d.a.? He is in custody.
You can go to court on his next court date and tell the DA and the judge that you want the CPO removed. Don't take no from the DA for an answer. They can't keep it in place if you specifically tell the judge you want it dropped and that you want to go to counseling with your husband. Additionally, you can refuse to testify against your husband in the criminal case. Call me on how to defeat the DA's case if you would like.
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1
Attorney answers:
Father not on birth certificate
NO. However, you can file a Petition to Terminate Parental Rights based on abandonment by the biological father. The statute states that if a parent has no contact with a child and/or leaves the child without any support for one year, the court can terminate his parental rights. You would want to file a Step-Parent Adoption Petition at the same time, so the Court knows that there is someone to take over the financial responsibility from the biological father, and it makes the court's decision...
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2
Attorney answers:
Need to seperate child custody in our divorce inorder to finalize?
Once again, I find myself having to clarify and correct answers by THIS previous commenting attorney! In answer to your subsequent comments, usually when you are in pro per, the Judge will check the appropriate boxes on the order. Be aware though that if the ONLY issue holding up your divorce is the issue of custody in the dependency court, then the family court having jurisdiction of your DIVORCE case doesn't have jurisdiction of the custody matters at this point. As such, there is...
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2
Attorney answers:
I purchased a recreation vehicle 6 months before I married my husband, Now that were divorcing he claiming it was a gift.
Because you purchased it prior to marriage, the only way he can argue it was a gift to him DURING marriage is to produce some evidence, such as a written agreement from you to him, in which you gifted your property to him. Without knowing more of what he bases his claim on, its hard to say more definitively what the outcome will be. However, if the only basis he has is that HE SAYS SO, the court will not likely find that convincing.
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3
Attorney answers:
A legal immigrant who does not speak English was married to a woman who did not disclose that she was already pregnant.
If they are both agreeable to the annulment then he can file, allege fraud, she fails to respond, and he takes a default in 30 days after she is served. He can't serve her, but anyone else over the age of 18 can. Once he gets the default, he files for a default judgment of annulment, which the court will grant. However, the court may require that he testify as to the nature of the fraud, and that is a simple matter. He simply testifies that he didn't know she was pregnant when they married and...
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