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My son's father refused to return my son today as scheduled. I called the sheriff's department and they said I have to file a motion to get him to hand him over even though we have a court agreement already. How can he get away with doing that if ...
This is an unfortunate situation that happens more than it should. You can file a motion requesting the immediate return of the child, for modification of the parenting schedule, and to hold him in contempt for violating the prior parenting order. You will need to have an affidavit to support your motion. You will need to notice it for motion hour as most Judges in Jefferson County do not consider violating the parenting schedule an emergency unless the child is also in immediate danger. Motion hour in Jefferson County is on Monday and you have to file by the Tuesday 6 days in advance. For this reason you should not delay. I strongly encourage you to retain an attorney. They should be able to prepare the motion and affidavit and represent you at the motion hour and the hearing (which the court will probably schedule). A local attorney should be familiar with the local Judges and be able to prepare you and advise you as necessary. Best of luck.See question
Are there financial/punitive damages that I can seek for my former employer withholding final pay?... I was shorted roughly a quarter of my final pay check, but can prove that I worked the required 10 days in a pay period (thank goodness for savin...
I agree with the other attorneys that have provided answers and wanted to add that in addition to the unpaid wages that are due (and potential additional damages) an employee who has not been paid what they are due may also request that their former employer be required to pay their attorneys fees. It would be up to the court to determine the reasonable amount of attorneys fees. I would suggest you contact local attorneys and find someone you feel comfortable with. Best of luck.See question
one of my bosses has brought a gun showing it to myself, my wife and one other employee after threatening to kill one of the other owners, he also on a weekly bases would make comments on my wifes breasts and slap her on the butt in front of other...
You may have a valid claim or claims against the company. You should consult an attorney immediately. If you have a sexual harassment, hostile workplace, constructive discharge, or similar claims there are steps that need to be taken to preserve those claims. Plus, you do not want to leave your job and then find out you do not have a claim. It is best to consult with an attorney now so you know what your options are and can take any steps that need to be taken to preserve evidence. Best of luck.See question
2004- 2014 my ex wife has claimed our daughter on her taxes . When I go claim her on my taxes, place tells me daughter has already been claimed. Is there anything I can do since its in our divorce decree?
I agree with Mr. Lloyd. You can also file a motion to hold her in contempt for violating the prior agreement, if that agreement was signed by the judge or incorporated into the divorce decree. One of the benefits of filing a motion for contempt is that in addition to the relief Mr. Lloyd discusses, you can also request that the other person be required to reimburse you for your attorneys fees. Best of luck.See question
I was married for almost 5 years while living in Kentucky and working for the state. The property settlement states that my ex will receive half of the accrued INTEREST for the years we were married from my KRS pension. I retired last year and th...
Generally, the amount in a pension or retirement account prior to the marriage is non-marital and does not get divided. The amount that accrues during the marriage is marital and is usually divided. As an example, if a person has a $100,000 pension/retirement at the time of divorce and $80,000 was accrued prior to the marriage, there would be $20,000 that would be divided. That is a very simplified example. It is worth noting that the division is not always an even division and you are free to agree to other divisions. It is common for people to agree to divisions that are not even or that divide the non-marital portion. An example of this would be a person agreeing to divide an entire account (including their non-marital portion) instead of paying maintenance/alimony. If you resolved your divorce via a property settlement agreement you need to have an attorney review that agreement and determine exactly what you obligated yourself to when you signed it. It could be that only the marital portion was supposed to be divided in which case the paperwork to the pension holder (usually a qualified domestic relations order) needs to be corrected OR it could be that you agreed to divide the entire pension. An attorney should be able to review the agreement, tell you what the issue is, and if it can be correct discuss the options that are available. Best of luck.See question
I filed a discrimination/retaliation charge with the EEOC against my former employer. If it goes to mediation, do I need a lawyer present?
The EEOC generally will make a determination of whether there is enough evidence to bring your discrimination claim. If they find that there is, they usually start an informal mediation process. They are NOT there to represent you. In my experience they do little more than convey the offers back and forth. They will not fight for you, discuss strategy, or help you increase your offer. I recently settled a case where the Employer's first offer was $7,500. We negotiated for almost 6 weeks. The EEOC only conveyed the offers back and forth. If not for my firms research and presenting prior Kentucky cases to support our position (which the EEOC relayed to the employer) we would not have been able to get the offer up over $50,000 for our client. I would strongly suggest you retain an attorney. There are several good attorneys that have experience on discrimination cases in Louisville and Lexington. Best of luck.See question
Just walking into Chase Bank, tripped and fell, broke my knee while going into entrance of bank.
I agree with Mr. Lassen, Mr. Wolf, and Ms. Demin. There is additional information that is needed and you should consult with an attorney because they will know exactly what to look for. Most attorneys will not charge you for the initial consultation so you should be able to find out if you have a case at no cost to you. Some of the additional information they will need is the details of what you tripped over and a description of where you fell. Was it just outside, inside, or in the door way itself. In addition to the types of conditions Ms. Demin describes, building code violations can also be used to build a case. Building code violations are not always as obvious as other conditions and sometimes a building code violation does not cause the fall but could have prevented it (i.e. handrails, proper paint marking on curbs, etc.). If there was a condition that caused your fall you need to move quickly. If a company finds a condition that caused injury to a customer they will generally repair it so no other customers are injured. Once repaired, it may be difficult for the injured customer to prove the condition existed. Best of luck.See question
I adopted my wife's children a few years back. My attorney was paid for, but the Guardian ad Letim was not. He charged $500 per child, resulting in owing $1000. He did absolutely nothing. I didn't pay him, not intentionally, but because we had to ...
Yes, if a person does not pay a Guardian Ad Litem the Court may hold that person in contempt. Not being present for a contempt hearing makes it more likely that is exactly what happened. If a person is found in contempt the court may issue a warrant.
Your best course of action is to hire an attorney to review the court file and see exactly what is in there. First I would want to know whether the contempt includes an order of incarceration, a monetary fine above the attorneys fees, just an order to pay the attorneys fees, or something else. Second I would want to see the warrant. An attorney should be able to help you work out payments and more importantly, make sure that when you pay the Guardian Ad Litem the Court is aware and the warrant is set aside.
Best of luckSee question
She wont allow him to be in his sons life. She wont allow him to go to the hospital when his son is born. She wont allow him to sign the birth certificate. She said he can't take his son to Kentucky where he lives unless she is with him. She doesn...
A father can file a petition to establish paternity in the state where the child is born (or has lived the last 6 months if over 6 months old). The county where the child lives is usually the best place to file. The Court will establish paternity (that he is the legal father). The court can then set custody, a parenting schedule, and child support (sometimes on its own and sometimes only at a parents request, so it is best to just request what you want right away). In Kentucky, parents have rights to reasonable visitation and parents are prevented from moving the child to a new home if the move would effect the other parents visitation schedule. In Kentucky, I would advise an unmarried and expecting father to file a petition as soon as the child is born, requesting the court to establish paternity, custody, parenting time, child support, and prevent either party from moving the child to another state. If the case is in Indiana you will have to consult with an Indiana attorney. Best of luck.See question
My daughter is 2 years old. The bio father has seen her 3 times. I have been with my fiance since i was 3 months pregnant with her. The bio father has been in and out of jail numerous times since she has been born. He has never supported her in an...
Generally a step parent adoption is a two step process and there are two common ways to accomplish it. The first is through a voluntary termination of parental rights and the second is through an involuntary termination of parental rights. Both forms of termination are governed by KRS 625 and it is worth googling and reading the sections that apply to you.
If the biological father agrees you or he can file a voluntary termination of his parental rights. Some parents will do this because they want to avoid paying child support, because they believe it is best foe the child, or for man other reasons. You should consult with a local attorney that is familiar with your local judges tendencies. These are procedure intensive cases and it is important to find an attorney with experience on termination and adoption cases. You will also need to file an adoption proceeding and an attorney with experience in your county can assist you with the most beneficial timing.
If the father will not agree you can file an involuntary termination of parental rights. This process is usually longer and more expensive because you have to fight to get what you want (which means more time in court). It is very important to read the KRS 625 sections on involuntary termination and speak with an attorney to insure you have a case before you file. If the involuntary termination is successful you can continue proceed to the adoption.
In summary, it is possible, you can save time and money if it is voluntary, and whether it is voluntary or involuntary you need to retain an attorney with experience in your county. Best of luck.See question