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Nancy Loukus Ballast
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Nancy Ballast’s Answers

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  • What steps should I take to resolve my custody issue?

    I have a court order for sole physical and legal custody of my son, but he has been staying with his father in his grandmother's home while I was staying with my mother in a two-bedroom apartment. I now have my own home in a more stable neighborho...

    Nancy’s Answer

    Hi, thanks for your question. Mr. Ceci is right, without an order saying otherwise, your ex can't show that the son should be staying with him. Unless there is a more current order that changed sole legal and physical custody with you?

    Yours,
    Nancy

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  • If an 18 year old gets a 16 year old pregnant could he go to jail?

    So this 18 year old boy and this 16 year old girl want to have a baby....but they are worried that the boy could get into alot of trouble if someone said anything. Even Ifor the girl gives complete consent to it.

    Nancy’s Answer

    Hi, thanks for your question. The age of consent in Michigan is 16. So this is OK, unless the boy is an authority figure over the girl. The law that defines this in Michigan is 750.520b, which you can find here: http://www.legislature.mi.gov/(S(1tgeexmjfmzqretwvbqpfwqr))/mileg.aspx?page=GetObject&objectname=mcl-750-520b

    That said, I urge you to have great caution. What if the girl's parents object and later seek law enforcement assistance? This could be something that might be charged as contributing to the delinquency of a minor.

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  • What kind of documents are needed from the potential employee when applying for GC through employment? Interview?

    I am currently in the process of hearing back from the HR department on whether or not they would be interested in applying for the employment based GC on my behalf. I would like to get a head start on the documents that need to be gathered should...

    Nancy’s Answer

    Hi, thanks for your question. I have re-tagged it as an immigration law question. Yours,
    Nancy.

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  • How do I get my ex to prove how his bills are paid if he has no income?

    We are going through a child support battle and he swears his family is paying and I know it's a lie.

    Nancy’s Answer

    Thank you for your question. Both answers you have are correct. Even though he says "he has no income" this doesn't mean he wouldn't be ordered to pay support. This is what is called "imputation," and it is based on a lot of things: prior income, and educational level, among other things.

    If you have the ability, hire an attorney, or sit down for a consultation with that attorney just to discuss more facts about the support information. Best of luck to you.

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  • Friend's sister wanting to evict unjustly

    My best friend moved from AZ to MI to help her ailing dad. She sold the bulk of her possessions and quit a successful business to do this. She & her 3 dependents moved in with him. They live downstairs, he's up (it's like 2 complete homes in 1). T...

    Nancy’s Answer

    Hi, thanks for your question. Your friend, without a lease, would be seen as a month-to-month tenant. This means that the sister who wants to evict would have to give a notice to quit for 30 days. Some good information can be found here: http://www.legislature.mi.gov/publications/tenantlandlord.pdf

    Yours,
    Nancy

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  • Can I report someone to their parole officer for fraud, if it's fraud against me?

    I have a tenant that is a convicted 2 time felon for fraud. I lost my mother in January. She asked me if she could stay in my mom's house and pay the mortgage until I got the affairs in order. She has not paid and I may lose the house. She also...

    Nancy’s Answer

    Hi, thanks for your question. I am sorry you have to deal with this situation. Have you considered filing a police report based on these facts? It might be an appropriate way to deal with this. I agree with prior advice as far as the tenant's eviction goes - she can't be evicted until the court orders it, and that only happens once a notice to quit has been properly served on her. I have re-tagged this question as a "lawsuits and disputes" question, as it doesn't center on civil rights, which you originally had tagged it as. Best of luck in your situation.
    Yours,
    Nancy

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  • What can I do regarding an abusive ex

    I was in a abusive relationship for almost 2 years, both physically and emotionally. And even though I am no longer with him and we actually live in separate states, he continues to harass me, and I'd just like to know my options.

    Nancy’s Answer

    Hi, thanks for your question. Prior advice is correct. No reason for him to contact you if you have no children together, if you do have children together, he should contact you in limited ways, or have his contact prohibited by a personal protection order.

    If you feel a personal protection order is necessary you would need to prove two instances of when you felt intimidated, threatened, harassed, or stalked (etc.) by him. The Kent County website has a good description of the process, it's here at https://www.accesskent.com/Courts/17thcc/ppo.htm Having an attorney represent you will assist in the process, especially since you are out of his home state.

    Just fyi, Michigan law defines stalking "as a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed or molested." (MCL 750.411 (h)).

    Best of luck in your situation.
    Nancy

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  • I have a question I just had a baby and mom us trying to go against me and take her from is there something I can do to stop her

    I just had a baby a week ago and I don't want my family around her and my mom is trying to fight me for rights of her and is it true she can get the birth certificate cause she is saying she can?????

    Nancy’s Answer

    Hi, thanks for your question. I am sorry you have to deal with this, as I know having a child is a very emotional time to begin with. I am agreeing with prior advice, and I am writing to ask: Your mother is not an attorney, am I right? Why are you listening to legal advice from her, then? Hire an attorney to help protect you in this situation.
    Yours,
    Nancy

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  • How to file a complaint of someone violating a court order

    In our parenting time order it states that each party has to let the other know if our child will be away from either parents home for more than 3 days. MY ex has violated that twice now and I just found out that our child will be spending a week...

    Nancy’s Answer

    Hi, thanks for your question. What you are looking for is an Order to Show Cause, which will hold the other party in contempt for having had the ability to follow a court order, and not following it. Your attorney can draft a motion for this, because the court will decide if she's in contempt or not. The motion should also include a request for your reasonable attorney's fees, as you wouldn't have to be in court if she had followed the order in the first place. Best of luck in your situation.
    Yours,
    Nancy

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  • Can you get probation on a drunk & disorderly charge?

    Gettin charged with a domestic violence, no proof r evidence, said that I could take lesser charge of drunk & disorderly with 6 months probation. Just didnt think there was probation with that?

    Nancy’s Answer

    Hi, thanks for your question. Who was it that said the "lesser charge" is open to you? Your attorney or the prosecutor? If it's your attorney, as this question to him or her. If you do not have an attorney, I suggest you hire one ASAP.

    Probation is something that will be left up to the judge, same thing with the length of probation. I assume in your question, it probably means that so far, the prosecution doesn't oppose probation, and it's possible that the facts and your background will allow that probation to happen at sentencing.

    Best of luck in your situation.
    Nancy

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