Paul M Roberts's Answers

What can I do to ask court to send my Ex-wife to be evaluated, she has symptons of Bipolar and has 80% custody of my 3 kids?

Unfortunately, this happens more than one may think. If you or your lawyer do decide to file for an Order to Show Cause ("OSC") and request a 730 psychological evaluation of your ex. Please, note that it is likely, given what you've said that your ex , his attorney or Judge on his own imitative may order that the 730 evaluation encompass both parents, all allegations as well as the children's needs and behavioral issues. Remember that the Judge is going to have to make a decision based...

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I have a one year lease at an apartment complex. I recently found holes and mold on the ceiling of my daughters bedr

Typically the best time to ask for repairs or improvements is before you move in, but after the lease is signed. Walk through the apartment or house with the owner or manager and request the repairs. You may want to take a friend with you. Your friend can be a witness if you and the owner later disagree on any promised repairs.however assuming the facts in this case, show that a walk-through inspection would not have revealed the damage property, and that the owner took affirmative action to...

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Sharing education expenses

Yes, I have had the opportunity to work with several issues like this that come up often in front of Family Court judges. If you reference, one of the proposed orders from my profile that judges are using now. You Will See that the order gives one parent educational decision-making, which would include peripherals such as transportation costs and lunch. If you can't work it out, and the judge did not appoint one of you is primary educational decision-maker. You go share that right. Even...

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Can a school principal ask and tell what meds my child should and should not take in the state of california

Most principals are narcissistic. They tend to believe they know what's best for your child. The law and the situation is fairly clear. They have no business advising you regarding medicating your child.While he is entitled to his opinion, unless he has an M.D. after his name. You should simply ask where he went to medical school, what medical records he has reviewed and whata examinations he's conducted and what best practice or course of strategy recognized in the field of medicine is basing...

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I am being sued by my tenant for $2000 rent overpayment not paid. They are using a carbon copy of a deposit receipt as evidence

One quick way to handle this would be to file a request with the court for a special appearance along with a motion to dismiss the case. based on defective or incomplete service..Before you do this, however, make sure the time to effectuate proper service has lapsed. The reason you file a request with the court for a special appearance is it prevents the plaintiffs or your ex-tenants from correcting any service problems by personally serving you while you're at the court.. Disclaimer This...

Is it legal for the principal of a school to not allow clapping at school functions due to the fact that she is unable to clap ?

Not likely.first of all, I find it highly unlikely the principal cannot use her remaining arm to clap against her leg or stomp her feet in approval. In a deaf school, for example, you see parents and students raising their hands and shaking them, which is American sign language for applause. If this is a private school. One would have to look at the schools rules and regulations as well as the principles primary obligations to the students. If it's being done to maintain order or for some...

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What type of lawyer do I need for a special needs child that needs representation for his best interest?

The first issue here is If this was the case were a child was molested by another child versus an adult molestation of a child. If it was child on child you may be able to pursue relief not only against the school district the SELPA and the state but also the parents of the child molested yours. Alternatively, if this was an adult molestation of a child, you clearly have to seek police intervention as well as child services and pursue several avenues of relief against the individual. You need...

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What should i do if my school district say there is no program availible for esy service for my special needs child with a iep

If the IEP indicates that your daughter is eligible for extended school year services. It is ultimately the school district's responsibility to implement the IEP. Unfortunately the case law is split whether or not theyhave to create a program to meet the needs of an individual child. While the law would favor your statement they must create a program. I found it to be more realistic that parents in your situation often do one of two things. One with the assistance of their independent...

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My son's elementary school versus his education because of his Autism

School personel especially adminstrators often believe they know whats best for your child. I have seen this in situations where they have not even met the child. The law recognizes you as an expert when it comes to to your cjild. They are irrate because under the law they cannot move your son without your written permission. This is part of the stay put provision of the law. A breif recommendation would be do not sign any documents. Retain a special eduation lawyer with substantial experience...

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