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Daphne Lori Macklin

Daphne Macklin’s Answers

739 total


  • Can I sue the parents of a bully?

    My child has been bullied for two years we have contacted parents, apartment manager, local police and NOTHING is being done and now my 10 year old is talking about suicide. Please help there has to be justice for this. Most of the bullying is hap...

    Daphne’s Answer

    I recommend that you consult with a personal injury attorney about this matter. It may be necessary to get a restraining order against the parents and the child. If your community has some type of a mediation program that may also be a way to get your concerns heard by the parent's of the child. Good luck with this.

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  • I read from a FLA atty site that a 3 day notice served on Sunday or Monday expires at midnight on Thursday, is that true in CA?

    I read from a FLA atty site that a 3 day notice served on Sunday or Monday "expires" at midnight on Thursday, is that true in California. Thanks for your prompt response

    Daphne’s Answer

    Review the attached link. As a matter of California law, if a 3 day notice is served the first day counted is the following day. So a notice served on a Sunday has the first counted day be Monday. As Wednesday is the third day, Thursday would be the fourth day. If the 3-day notice is served on a Monday, the first counted day is Tuesday so the fourth day is Friday.

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  • My daughter is now 20 years old.. She graduated early from high school and attended college right away.

    She turned 18 her child support stopped even thou her father owes back support.. He only pays 50.00 every 3 months To avoid going to jail. My question is this. She's a full-time student in college could she still received child support until sh...

    Daphne’s Answer

    The basic rules of child support in California are that current child support is payable through the child's 19th birthday if the child is still in high school at the age of 18, at the child's 18th birthday if he or she has graduated from high school or at age 18 if the child is not attending school. Depending on the terms of your support order, your daughter's eligibility for current support ended once she turned 18 as she had graduated from high school. She is not eligible for any additional support in the usual course of things. You are on the other hand still entitled to unpaid support and interest on any arrears. You should consult with a family attorney about being more aggressive about getting your unpaid past due support.

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  • Employer wants copy of my drivers license

    Is there information I can black out that will protect my privacy, while still giving them the information they need so I can drive a company vehicle?

    Daphne’s Answer

    Not really. If you are expected to drive as part of your job duties and certainly if you are going to be driving a company-owned vehicle, your employer is entitled to a complete history of your driving record most likely at the insistence of his/her/its insurer.

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  • Can mental health facility change release date?

    My dad is in a mental health substance abuse facility. its appling integrated treatment facility its a new program. the judge and probation officer sentenced him to 9 months and the program is only for 9 months. he was supposed to be released on j...

    Daphne’s Answer

    First, your father based on your question was possibly convicted of a crime involving the use of an illegal drug or substance abuse. Once a person has been convicted of a crime, he or she is subject to the orders of a criminal court. As you know there is a lot of variability, but the bottom line is that once a person is sentenced to a rehabilitation program, a judge will often defer or take into consideration the progress reports from the treatment facility for setting a release date. Recovery from substance abuse is not the same for every person so a change in release dates is neither unusual nor inappropriate.

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  • Can an appeal be filed in US Court of Appeals for Federal Circuit against an order from Office of Administrative Law Judges?

    Does US court of Appeals for Federal Circuit accept appeals against an order from Office Administrative Law Judges of DOL using Form no.5?

    Daphne’s Answer

    Your question is very vague and unclear. Please consider reposting with more specific information. It also seems that this is a labor law question. The basic rules for judicial review of administrative hearing decisions are these: First, if you receive an unfavorable hearing decision, you will need to follow all of the steps within the administrative agency for seeking review of the decision within the administrative agency. If you are unable to get the decision changed within the agency system and you have "exhausted" your administrative remedies, you may then seek within the property time frame judicial review of the unfavorable decision. You have to show that the decision is not based in law or not based on the facts of the case or misstates both the law and the facts. Judicial review of administrative decision is first done at the U.S. District Court level. Only after a U.S. District Court has made a decision to you have rights to proceed to the Court of Appeal in most cases. This is a very technical area of law and should only be approached with the assistance of an attorney.

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  • Can I legally keep my kids away from my exhusbands new girlfriend?

    My kids recently were introduced to their fathers new girlfriend. After a week of asking, I got her name, DOB and where she is from. I ran a background check and found that 3 years ago at age 27 she was arrested on charges of assault with a deadly...

    Daphne’s Answer

    I recommend that you discuss this issue with a family law attorney in your community before taking any legal action. You also need to have a conversation with your children's father about who is allows to have contact with your children. My sense is that your concern for your children's safety and well-being are best addressed by discussion and setting up a parenting plan that focuses on what is in the children's best interest. As the new girlfriend was not to the best of your knowledge convicted of child abuse, your concerns are probably best focused on who is this woman in the here and now, what is the quality of her judgment at this point in time and whether she is being left alone to supervise your children when they are in their father's care. It is doubtful that you can "legally" keep her away from your children but it more likely than not that by working with your children's father you may attempt to limit this woman's contact with your children until you are more familiar with whether or not she poses a risk to them.

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  • If i owe a months rent can my roommate change the locks. i dont want to leave i want the two months he told me i could have.

    i have been there over a year. He has not given me any notice

    Daphne’s Answer

    Changing the locks is considered to be an illegal form of self-help and is not authorized. Review the attached link.

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  • What are my legal rights for terminating a lease due to civil code 1942?

    We signed a lease 9 days, but havent moved in yet. There seems to be an enviromental issue with the house. It has what appears to be nicotin, smoke stains all along the walls with the oder of smoke. I have mentioned it to the landlord. He stat...

    Daphne’s Answer

    This is a situation that is not going to get any better with time. Advise the owner that you have decided not to rent the unit. Forfeit your security deposit and move on. Review the attached link and get the habitability issues discussed and resolved before you pay anything or sign anything in the future.

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  • My public records requests are being stonewalled. What can I do?

    I submitted public records requests to local agencies seeking technical information and was ignored for weeks. It took several follow-ups for them to even acknowledge the request, and one has finally said it'll take another 30 days to figure out w...

    Daphne’s Answer

    I recommend you contact the ACLU. Their information is at the link below. Good luck with this.

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