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If a person took from a family but has given it back to them can the state still take out charges on that person?: my husband took my mothers wallet out of her hand and ran with it. he has paid her the money back.

Asked over 2 years ago in Criminal Defense

John’s answer: Yes. Plus it is a horrible way to gain favor with inlaws.

Answered over 2 years ago.

Should I fight for the other persons insurance to pay?: I was involved in a 3 car accident. Car 1 hit car 2. Car 1 then fled the scene. Car 2 hit Car 3, me. The initial accident between car 1 and 2 happened diagonally behind me. Before the accident, I saw car 1 and stated its location on the road in my statement. Car 2 I never saw. When car 2 hit car 3, me, it flipped me over, totaled my car and sent me to the er where I had minor injuries. My statement was not at all a part of the police report. The police report and my statement are different. There are 6 witnesses. The insurance of car 2 only got one statement from one witness and has now denied the claim.

Asked over 3 years ago in Car Accident

John’s answer: Avvo Email - Have no legal fear
That's a lot going on for an avvo questin description. You should talk to a lawyer about more of the details and the extent of your injuries.

Answered over 3 years ago.

My ex-wife is wanting to give up parental rights to me for our 14 year old son. Is this possible and if so what is the process?: Our son visits with her for brief amounts of time due to the fact he does not like being around her current boyfriend. She does not have the ability to provide any financial support therefore I have not asked for such. This is in the state of NC.

Asked over 3 years ago in Child Custody

John’s answer: Avvo Email - Have no legal fearIt is possible, but it is phrased slightly different. The parent does not give up their parental rights, instead, the parent does not contest a petition to have the parental rights terminated. The parent with custody would need to petition to have the other parent’s parental rights terminated and then have a couple of short hearings. The first would be a pretrial hearing to make sure the preliminary procedural matters are in place. The second is the termination hearing, which happens in two parts. The first part is the grounds phase, where the petitioning parent has to prove that grounds exist to terminate the other parent’s parental rights. These grounds are found in N.C.G.S. 7B-1111. The second phase is proving that it is in the best interests to actually terminate the parental rights.

When uncontested, the termination hearings usually last less than an hour.

It would probably cost around $2,000 to $3,000 and take about three months, assuming there are no complications.

One question I suggest pondering is how terminating the parent’s rights will change things over the next four years and whether it’s worth it given those considerations. Custodial rights and obligations typically only have effect until the child turns 18.

Answered over 3 years ago.