A citizen turned in my lost wallet they found at a fast food restaurant. The police searched it at the station and found my fake id. When i went in to identify my wallet the also charged me with my fake. Is this against my rights?
What was the charge? Doesnt seem they have proof you used it for anything. If the jurisdiction you are in criminalizing carrying fake i.d., then you probably win under an invasive search that exceeded the scope of the purpose for looking inside the wallet. They will say it was required to take inventory.See question
Need information about the procedure, should the cop leave a baby home along and arrest the person
The officer should ask the arrested parent if someone can come I over. Department of Social Services likely would not be involved unless the alleged crime related to abuse or neglect of a child, or was a heinous allegation.See question
My spouse and I are in the middle of a divorce in WA State. We lived apart for all of 2012. Do I need to (still) report half of her income under community property laws? I have no access to her income, nor she mine. I desire to file my Federal Tax...
First, talk to a tax preparer not a lawyer (unless the lawyer specializes in tax law). Second, your filing status can be married but filing separate, and you only report your income.See question
Father never signed acknowledgement of paternity when I gave birth. Son is now almost 15 years old and I need to know if the only way I can force his name on the birth certificate is if I do it before my son turns 18. I've never received or ask...
The answer to your question - can a man be forced to determine parentage after the child reaches the age of 18 -- YES. Either parent or the child may bring an action. The statute uses the word "child," but then later defines child as "an individual of any age whose parentage may be determined under this chapter." Also, the chapter (RCW 26.26) later states that a "proceeding to adjudicate the parentage of a child having no ...second parent ... may be commenced at any time during the life of the child even after the child becomes an adult..."See question
He does pay child support but rarely sees her
This is a question most lawyers cannot really answer correctly. The answer is "yes", of course, because he "can" try to do anything. There are a few approaches to this common problem. First, think about the IRS -- all they care about is that 2 people dont use the same social security number or tax dependent, so often, the ruling by the IRS is "first to file gets the exemption," and then they reject the second tax return because the social security number conflicts.
Second, the courthouse is the place to go if someone violated the tax exemption language. Even if father claimed the child, and if the IRS says, "sorry Mom, he was first," then that does not mean you do not have a remedy for it. For example, I have filed contempt proceedings on this issue arguing, "Your honor, my client was deprived of $2,000 due to the loss of claiming the exemption." In the case I filed last year, the court said: (a) Dad has to pay mom $2,000, (b) Dad has to pay mom $2,000 for her attorney's fees, (c) Dad has to pay a civil penalty of $100 to the clerk of the court due to contempt, and (d) mom gets the next year as well.See question
We originally broke up a few weeks prior becuz she questioned her feelings for him. She asked him to choose between her & his current girlfriend days before we talked about getting back together. He chose his current girlfriend & she came back to ...
You have what appears to be 3 excellent questions -- (1) what can the daughter's father do to get custody away from your girlfriend, (2) what steps can you take to avoid daughter's father from making you look bad or dangerous to be around the daughter, and (3) how to make him go away.
Answer to #1: Daughter's father can file any action he wants, but that does not mean he will win. I also depends on what court order is currently in place. If your girlfriend has a permanent, final parenting plan (or residential schedule), then the bar is set higher for the daughter's father to overcome to win in court. So, whether he has a case or not "depends" on the factual build-up of the case before and while going to court.
Answer to #2: Stability in your relationship with your girlfriend and in your life will bode well in court. Take away daughter's father's ability to say bad things about you. For example, it would be better to say that you have a stable job, a good running vehicle, are mentally sound, and that any allegations of suicidal thoughts are fully dealt with by a professional.
Answer to #3: Daughter's dad will likely never go away, but if he violates any of the "protection statutes", then you could get a court order to keep him away, like a DVPO, or an AHO, or a TRO. This really depends on how strong his rights are under a current court order -- does he have residential time (visitation)? Also, how old is the daughter?See question
I have a temp plan but have had no visitation to my so I just filed contempt on her and the trail hearing date is feb 5 but recently I was informed that her youngest 2 month baby died because of a over dose or suffocation and the mom is under inve...
Before I say - "hire a lawyer" -- I will answer your question. What you can do to get temporary custody is file for an order, any of or combination of: (a) temporary restraining order, (b) protection order, (c) no contact order*, (d) investigation order. If CPS is really investigating this as a criminal case, then the *no contact order may be put in place protecting all children from the mother (i.e., mom may be restrained from having contact with any minors until her criminal charges are resolved). In the meantime, have you gone down to CPS/DSHS and made a records request for all records relating to you or your son? There might be some records there and/or CPS may advise you to "go to court and get a __________." (the fill-in the blank would be some kind of order).See question
I was 16 when I had my son & my mom filed for full custody when he was only 2month. Cause of my age I believe I got scared & taken advantage of to sign my rights away & ever since my mom took all control over my child & been dwelling with my loss ...
If I have the math right, you were 16 when you had a son, and you believe that you signed your rights away back then, but now, you are 21 and your son is 5? If that is all correct, then here is my brief, guarded answer: (1) I would double check whether you really did sign away any rights, (2) I would double check to see if the court appointed a guardian ad litem for both you (under age) and your son, and (3) whether the court actually granted full custody to you.
I have a lot of questions before answering in more detail, like: (a) where is your son's biological mother, (b) who lets you speak to your son, (c) where does your son (and his grandmother) live?See question
I have taken all the classes required and didnt know about the court date til my ex told me that i missed it. I was wondering what ill happen since i missed my court date. Our final court date is on the 4th of March.
Missing any court hearing is bad, but not all is lost. A court is not usually going to deprive parents of their rights when they are not there. You have to be worried about a default, which is when one parent says, "I want all these things, including fully custody," and the other parent does not show up. The court can "default" the missing parent and the parent who is there proposing things often gets what he/she wants. To avoid a default, go through a checklist with an attorney. Most everything on the checklist can be resolved so that you can put a [x] check mark as completed and move on. Also, you may want to "set aside" the order that was entered on the day you did not show up, which is a process also known as a CR 60 motion or a Motion to Vacate.See question
I have a permanent restraining order against him, but I am not able to change her last name without his permission, and I don't know where he is.
You should file a written request with the court to change the name, but if you cannot locate him, ask the court to have a "special master" appointed to sign for the father in the father's spot on the dotted line.See question