Skip to main content
Daphne Lori Macklin

Daphne Macklin’s Answers

739 total


  • My landlord died 3 years ago and his son now appears to claim the property. What can I do as a tenant?

    We have been unable to contact our landlord for the past 3 years. We did not know of his passing. All of his lines of contact were disconnected. We have lived in the property for over 20 years and no repairs have been made by the landlord. We foot...

    Daphne’s Answer

    Review the attached link and contact a housing law attorney in your community. You should also use the county assessor's office to identify the current state of ownership of the property. You may also need to check to see if the property was part of a probate action.

    See question 
  • My daughter has the joint custody of her 16yrs old son .father has a primary custody and rights of his education.father moved .

    Father has moved to new house that's why boy has to change his school which he really don't want to.he wants stay in old school and with mother. Because of fa theirs pressure he is under so much depression.how my daughter can stop this.

    Daphne’s Answer

    There is a lot of missing information in this question. If the child is doing well and is more comfortable at his old school, it may be necessary for your daughter as the child's mother to seek modification of the custody order so that the child may live in her home and complete his education where he has started high school and his hopefully doing well.

    See question 
  • My roommate decided to dispose as "it fits" my items because she refused to make an appointment for me to get my mail and my

    items since I left the apartment. I subleased with a 6 months contract 1 be/1ba in the 2be/2ba she is renting, but since I didn't damage the room and she didn't give me the form with previous damages we mutually agreed on the use of my deposit (...

    Daphne’s Answer

    Review the attached link for an explanation of your rights as a tenant. The demand for utility payments is a bit odd and you are correct to resist these claims without appropriate documentation. If your former roommate is holding your mail, she needs to provide it to you. I trust that you have done a change of address with the Post Office so that no mail is going to the address.

    You may need to sue your former roommate for unlawful detainer of your personal property or what is known as "bailment". I recommend sending her a formal demand letter on this point. Good luck with this.

    See question 
  • Termination of parental rights for non-custodial parent

    my ex has full custody. I have the rights to speak to him daily, have supervised visits, get reports card, medical paperwork, he is to be in counseling. I lost custody because the accusations my ex made with a lawyer i could disprove because at th...

    Daphne’s Answer

    Based on what you have outlined in your question, there is a strong likelihood that your child's custodial parent has engaged in what is known as "parental alienation". I would recommend that you not give in to the pressure to terminate your parental rights. You can have a physical or even a mental illness and still be a fit parent. On the other hand the custodial parent has an ethical if not a legal obligation not to intentionally, deliberately and maliciously interfere with your parental relationship with the child in his/her custody.

    I would recommend seeking to get your legal custodial rights restored and also seeking to have unsupervised visitation. While this may prove to be an uphill battle (and I recommend that you have appropriate emotional support as you take this on), in the long run it will eventually show your child that you are committed to him. It may also be appropriate for this matter to go to mediation so that a third party may make an assessment of what is going on. Good luck with this.

    See question 
  • Ex wife suing for back child care and medical, over 2 years after they were incurred. What's her chance of success?

    She remarried in 3/2010 after divorcing me a year earlier. We had two minor children. After her marriage, she asked me to surrender parental rights so that her new husband could adopt the children and "they could have the same last name". I was...

    Daphne’s Answer

    This is more of a family law rather than a health care question. You should repost the question as such. It is not clear from your question whether your parental rights were terminated as a condition of the step-parent adoption. Your obligations of support for the children for child care and medical support extend to the date of the adoption. Unless there was a court order stating otherwise, any agreements between you and your former spouse are simply your agreements, they are not court orders and are not in and of themselves legally binding.

    See question 
  • I have no mortgage, currently pending final decision toward disabled widows benefit is there an exemption for me?

    I am under age 62, severe fibromyalgia, arthritis, de generative L-spine, sciatic, now morbid obese (at least 100 pounds overweight), have terrible mental side effects to Rx so I limit use, tapered down and off Cymbalta since May 2012, I sell anyt...

    Daphne’s Answer

    Your question is unclear. Please repost. I recommend that you contact an experienced Social Security Advocate who should argue that your case needs expedited handling given your risk of homelessness.

    See question 
  • Can i get money for the mobile home i owned and was evicted,

    i always paid rent on the space the home i owned was on,my u.d. was for reasons i could not control ,so i moved out they kept my home

    Daphne’s Answer

    You need to consult with an attorney who knows mobile home park law. Usually an eviction when you owe for space rent means that you need to move the mobilehome. And, some times that is not possible. I recommend that you review your rental agreement and make certain that you have not signed over your rights of ownership to the mobile home park as a condition of losing any eviction cases against them. You also need to check to make certain that you are still the registered owner of the mobilehome.

    It is not unusual for mobilehome parks to keep a mobilehome and not properly have titled transferred into their ownership when a mobilehome is essentially abandoned. You may want to negotiate to surrender the mobilehome in exchange for a payment that covers the unpaid rent and gives you a reasonable value for the mobile home. Good luck with this.

    See question 
  • What do I do if my ex is still refusing to enroll our daughter in school or choose a school and it's almost past enrollment time

    I have been trying or almost 3 years to enroll my 5 yr old in some kind of program preschool and pre k. My ex ha denied all attempts saying she wasn't ready to go to school. Our daughter is now 5 going to turn 6 in nov an has to be enrolled in kin...

    Daphne’s Answer

    You need to consult with a family law attorney. It may be appropriate for you to have physical and legal custody of your daughter so that her educational needs may be properly addressed. Good luck with this.

    See question 
  • Guardianship

    My daughter (age 21) lives with my husband and I. She wants to give up her baby for adoption. We would like to raise our grandchild. Our daughter does not give us any reason why she does not want us to do this. We believe she may regret acting to...

    Daphne’s Answer

    I suggest that you speak with a counselor and possibly a religious advisor before taking any actions at this point in time. Your daughter, as the mother of the child, has no one to answer to about the choice of adoption other than the child's father. While you could certain seek a guardianship over the infant, I recommend that you and your husband be very clear about your motives for taking an action that could have very challenging impacts with respect to your relationship with your daughter. You may also want to work with a counselor to explore your feelings as well as your understandings about adoption. This is your daughter's child and while you may wish to be part of the child's day-to-day life, the decision-maker here is your daughter and the focus should be on supporting her choices.

    See question 
  • Can Welfare stop my child's medical assistance if her doctor has submitted that the lack of care could be unsafe?

    My 19 month old daughter has had a long standing history of health issues. It was not until recently that we were finally able to find a root cause. Her condition has already placed her in the hospital once for rapid weight loss at unsafe levels...

    Daphne’s Answer

    You need to contact the local federal Legal Services Corporation (LSC) funded low income legal assistance program. You are entitled to an administrative hearing on the appropriateness of the county's claim that your household including your daughter is not eligible for subsidized health care. Also you need to wok with a children's health advocate as many health care assistance programs have expanded coverage beyond very low income families for health care services to children. Good luck with this.

    See question