In a bitter custody battle for my children. I am the father. The mother has been making false accusations continually and lacks credibility, sincere motive for custody, wants child support. She has stolen my mail, accused me of child abuse now jus...
You need to immediately discuss your mother's situation with her attorney and your attorney. It would be highly unusual for someone to be arrested for child abuse without a law enforcement officer having credible evidence of her having committed a crime, usually someone making a sworn statement that someone has done something (like having sex with or unlawful touching of a minor, or giving the child alcohol or drugs). Generally CPS investigations would not result in an arrest unless the report was "founded" and the abuse or neglect also constituted a crime. If the police have enough evidence that someone committed a crime, this is a serious matter and you can't get back at the accuser by claiming perjury. There is a separate crime for that if your mother is proven not guilty or the case is dismissed, which might be filing a false statement (the police report) which is a misdemeanor if proven. Generally if all there is is a CPS investigation, or the criminal charges arose out of a CPS investigation, you can't accuse the reporter of perjury because the reporter's identity will not be divulged to you or your attorney nor will you have the right to cross-examine that person in a trial.See question
do I need a lawyer to present me ?
You don't need an attorney, you just need to show up in Court on the date indicated with the documents specified in the subpoena and the custodian of records if it is not you.
You should probably run the subpoena by an attorney who represents you or the institution which owns the documents to make sure the subpoena is legitimate and there are no reasons to seek to abrogate ("quash") it.See question
I live in Pasadena california. I am the of oak tree owner. My oak tree branches hang over neighbors house roof tops. I understand neighbor has the right to cut tree branches hanging over their house roof tops without asking me. But neighbor is ...
You have to remove the branches which intrude into your neighbor's property and hang over his roof, possibly creating a hazard, at entirely your own cost. It's probably best for your tree maintenance to do that and comply with the law and do it properly.
You can probably do this on your own property, and often for large branches a crane or truck will come in to lower the cut branch with a rope so that it doesn't fall. If the branch were not trimmed and it fell on the neighbors house, you MIGHT be covered by your casualty insurance for property damage to another, but you might not be.
This would be in the small print of your policy and you should review your policy and see how it works. Generally damage to trees is not covered, but it might cover liability to another if a tree falling creates damage under the same clause that would cover a slip and fall injury to an "invitee" like a mailman or package delivery person on your property, but I wouldn't count on it.See question
The neighbors behind us repaired their fence last summer. they didn't discuss any of the plans for that repaired section with us. the fence is on the correct property line. there is no walkway, no road, no driveway, no easement involved, no past ...
It's hard to understand the features you describe without a diagram or property survey map, but if you are asking whether you can physically block your neighbors from trespassing on your property for any purpose, including dumping brush, the answer is probably yes.See question
My lawsuit (civil lawsuit) was settled and dismissed. Wondered if and where I can find an attorney who is willing to sit down with me and review it. I understand people find an attorney before or during lawsuit, so I'm not sure if I can find an at...
As the other attorneys have said, you can get an attorney to give you legal advice if you pay him or her for it,
But in your instance, you may expect some skepticism, because what it the point of discussing a lawsuit that's settled and dismissed, I would assume "with prejudice" because it was settled (in other words, that you probably can't bring another lawsuit on the same claim against the same parties or appeal the dismissal).
I would wonder why your own attorney did not explain the merits of your case and the defendant's defenses adequately before you settled and why you settled and now want further explanation. It seems to me like you might be looking for a "second opinion" that there's some loophole you can reopen the lawsuit or find some way to blame the first lawyer for pushing you into a settlement. If you called me seeking my assistance in the posture of your case, I'd be mystified as to your motivations and expectations,
(And lawyers don't like suing other lawyers for malpractice not because we're a club whose members cover for one another, as is sometimes believed by non-lawyers, it's because we realize how near impossible it is to win a malpractice law suit which assumes that "but for" some act or omission of the lawyer, you would have won a case you lost.
An example of that is you were paralyzed in a car wreck due entirely to the other driver's fault, retained an attorney, and he didn't file the lawsuit within the statute of limitations and it was dismissed for that reason. But anything where it's an arguable "gray area" and there are other factors aren't going to be malpractice, and you will get at best a "nuisance settlement" and won't find any attorney who wants to take that case on a contingency basis.See question
I have sole custody of my 4 year old. My ex husband has been institutionalized, is on long term disability and has severe mental health issues. He has filed an order to show cause for increased visitation and also a change in custody. He curren...
Yes, the Family Court system is unpredictable, but it seems unlikely that given what you've written that he is likely to get either (joint) legal custody or primary physical custody. Perhaps what he's looking for is more visitation or unsupervised visitation. In any event, what he needs to show is some "change in circumstances" such that providing more visitation would be in the best interests of the child, for instance, he's been in therapy and medication and a therapist is willing to write the court or testify in support of his application. If he's seeking to get primary physical custody, he would have to show there's something wrong with your parenting (abuse, neglect, substance abuse, etc.) or some one in your household (a lover with domestic violence/order of protection issues).
Still, as you say, in a custody proceeding, everything is on the table and a wide array of factors can be relevant to any specific case. I would urge you to consult with a family law attorney, and if you can't pay, an attorney will be assigned to represent you (in most NY counties, a public defender).See question
This question is for research purposes only! If someone has been "Permanently and perpetually enjoined from engaging in the unlicensed practice of law.", can this person, after having gone to law school, get admitted to the bar to practice la...
Such a person might go to law school, pass the bar exam, and still not be admitted to the bar by the bar committee on character and fitness for being a habitual lawbreaker, just like anyone who had been convicted of a crime (UPL is a misdemeanor in most states). Or he or she could convince the committee they had reformed and don't ignore laws they don't like repeatedly, but I'd put the chances of getting admitted asSee question
we recently purchased some land and we do have to go through our neighbors land to get to ours, there is not a road at this time, since it is raw land we have plans to build a home which includes a well and septic installed. But we need to be abl...
You would usually pay for paving and improving an access easement, not your neighbor, but the person who sold you a landlocked parcel, if not your neighbor, could possibly be required to build the road if the municipality has subdivision approval, because usually lots are not approved as valid parcels in a subdivision unless they have access to a public road. You want to see an attorney who is familiar with real estate and zoning regulations in your municipality. Did you not have a discussion of how access would work before you bought this landlocked parcel? Did it get sold to you at some very cheap price considering it had no access, or was bought at a tax auction or something similar to that? A road or paved driveway could easily exceed the nominal value of a landlocked parcel. I'd guess though that the landowner carved out this landlocked parcel and threw in an easement to make the parcel not worthless, but expects you to do the driveway improvements unless it requires him to do do in the land contract of sale (or deed).See question
We have joint custody and joint placement but I have primary physical placement and receive child support from him. He does technically get her 1 day a week and every other weekend (which does not account for half the year) At court we had a verba...
These kinds of "verbal agreements before the judge" that don't make it into the express terms of a custody or support order are problematic because (1) the IRS rules are that whoever has physical custody time > 50% takes the exemption and (2) the IRS generally provides the exemption to the parent who files first and uses that social security number. Your agreement would not seem enforceable in court, and I'd just go back to the proper way of doing it and filing first. If he's filed, I might still take the exemption and if the IRS rejects it, ask them to amend his return and ask for his refund back. He should consult his tax adviser as some part of his support may be deductible from income and he may get a child care credit if he pays for that in support.See question
Our family is involved in a personal injury lawsuit and we are having a horrible time keeping in contact with our lawyer. We have never been in this situation before. This whole situation is very new and frustrating to us. We have made numerous a...
Your best option is simply to find another attorney who is more responsive and who you feel will better represent you. Communication with clients within reasonable timeframes is required by the ethics rules applicable to attorneys by their state bars.
The new attorney will have you sign an official consent to change counsel and will file that with the court and send it to the current attorney with a request for your files.
If this is a contingency case where you pay your lawyer nothing for fees unless you recover from the other party or its insurance company, the new and old attorneys will work out how to split any recoveries based on the work they did. If you paid your attorney upfront as a non-contingency matter, you should be able to get a refund of some of the retainer, again depending on paying a reasonable fee for the work done.
Before going this route, you may want to send one final letter by certified mail asking for an office conference. The attorney will get the message that if he/she ignores that, he can expect to receive a consent to change of counsel. Also, if a contingency case, the lack of response may indicate that the attorney really doesn't think your case is shaping up too great, because it's his skin in the game so far, not yours, and it's not looking like there will be a payday.See question