Custody question: The mother of my child has acsued me of abusing my childern to get sole custody of my childern. DHS has invesitgate her claims in it has come back unfounded and the closed out the case, but the mother of my childerns attorney hasclaimed DHS and the PCA hasnot invesigate it good enough in court. Now that the mother of my childern and her attorney has found out that the case was unfounded and closed out they all of a sudden have pictures and a doctors report showing sign of abuse. DHS and I have my childerns doctors reports and they both say there in no signs of any abuse on any of the childern, but my cilderns mother has a complete different doctors report
Jeffrey's answer: Unfortunately, the DHS has an obligation to investigate all credible allegations of child abuse. They have 60 days to complete their report and make a determination as either indicated, founded or unfounded. I would suggest that you file a custody complaint, if there is no current order and allege that this type of gamesmanship is occurring. The courts must look at this factor among others in the 2011 Custody Act. If you have an existing order, you should file an action for custody modification. You should allege these circumstances in your request. Be careful, however, if there are credible medical records showing her concerns are real, this may backfire, despite what DHS has determined. The court is not bound by DHS's determinations. If there is a strong showing that she has made bogus allegations to thwart your scheduled custody time, you may want to look at filing a contempt action. The court can award you counsel fees, costs and enter a fine against her as well as impose a 6 month jail sentence. You should consult with local counsel and go over all the facts and records in making any determination to proceed with a court filing. Good luck.
Is it legal for my boss to video tape and record his employees and sit at home and watch this??: I work in a restauraunt and our employee has cameras and voice recording which is fine considering there has been theft from other employees in the past.. But my concern is now he is putting more cameras up and watching this from home and he did inform us that we were being recorded at all times but we never had to sign anything.. I feel that it has become a little to much and i feel that this is some what of invasion of my privacy.. Please help mew to figure this out somebody!!!
Jeffrey's answer: There are privacy laws which prohibit the video recording of others while in places where privac is expected, such as restrooms and dressing rooms. however, there is nothing to prohibit your boss from video recording the public places of his store. This would include server areas, cash register and kitchen. However, wiretap laws prohibit him from audio recording without two party consent. This means anyone being audio taped needs to be nformed of this and explicitly or implicitly consent to being recorded. Good luck.
Can a spouse be forced from an apartment if his name is not on the lease and he pays NONE of the bills?: I have lived in the apartment for many years (prior to the marriage). Got married 3 years ago. He has not worked for most of those 3 years and has not paid any of the rent or utilities. He refuses to sign the divorce papers or leave the aparment. What are my options?
Jeffrey's answer: You shold file a divorce complaint and also seek sole and exclusive possession of the marital residence. Because our name's on the lease and your paying all the bills, the court will likely grant your request. If he is refusing to finalize he divorce (I'm assuming you filed on no fault grounds) you may have to wait the 2 year separation period.