Archived
If a detective says he can smell pot - is that deemed 'probable cause' to go into a closed door residence - without a warrent.
John's answer
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Answered on October 28, 2014
If they were invited into the building or with a warrant then they had a reasonable suspicion a crime occurred based on the odor of marijuana the...
Archived
I have been divorced for several years my son is 14 and he wants to move in with me what do I need to do to change custody and s
John's answer
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Answered on October 27, 2014
You can file a PEtition for modification of custody and the child can complete an affidavit to inform the court of his preference which the court...
Archived
Filing divorce petition, but my wife is pregnant and I have doubts am the father,what do I check on the petition about children?
John's answer
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Answered on October 27, 2014
The fact that he is pregnant needs to be mentioned . I agree with the other Attorneys that there is a legal presumption that the child is yours and...
Archived
Can i legally leave state with my child if my husband and i are separated with no divorce or custody rights done yet?
John's answer
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Answered on October 27, 2014
You cannot take the child from the state without his permission and you can be charged with kidnapping if you do.
Archived
Does a spouse-not on mortgage and or loan-have property rights (other than upon early death of other), if there's a divorce?
John's answer
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Answered on October 27, 2014
Yes if it was acquired during the marriage and will be divided on an equitable basis.
Archived
Can I leave my husband and take my child to another state? I have been hit, chocked, etc. I just want to leave.
John's answer
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Answered on October 01, 2014
Since you never called the police you have no proof of what you have experienced. You can file a TPO
And seek the protection of the court. The...
If the biological has never met or been around, can he force visitation? What if my son is 12 and refuses?
John's answer
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Answered on October 01, 2014
I am not sure why you are blocking phone contact which would not look good for you in court however I agree that if he has not filed a Petition ...
Archived
My kids father had had our kids for a week in ct if I went to CT to get them he said he callin the cops reporting kidnapping
John's answer
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Answered on October 01, 2014
The state where the children had been living within six months of bringing the case is the state that has jurisdiction and in your fact scenario...
Archived
Can my Fiance's ex-husband and father of their two children get a restraining order against me for his kids
John's answer
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Answered on October 01, 2014
He can seek a modification of custody but a domestic violence restraining order cannot be used to change custody. If the children live in the home...
Archived
What can I do to see my daughter again
John's answer
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Answered on October 01, 2014
There is absolutely no reason except for the fact that you were not married to the mother so you need to file a Petition for Legitimation and ask...
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