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  2. You can bet that the HOA isn't going to pay for the damage to your personal property though you can ask. The standard homeowners policy excludes flood and surface water. Check your policy. If it has that exclusion you wouldn't be covered. You would have to have flood insurance. There is no way anybody here can tell if your HOA has any obligation to maintain the dry creek without reading the entire CC&Rs and your deed or any recorded easements at the county. You might want to have an attorney check that out for you. Meantime, self preservation is nobody's business but your own. Nobody else is going to step up and protect your property. It's up to you.
  3. Today
  4. Was he sick?
  5. Millions of kids go through that and adjust quite well to it. This is not about the kids. It's about your feelings about your wife having replaced you with a new man in her life already. Perfectly understandable, but that's really what it's about. We get plenty of posts from women whose exes have new girlfriends that are actively involved with their kids. They say the same things and it's also not about the kids. It's the typical blame game between divorced people.
  6. The same thing is happening to a friend of mine currently in NH PInkQueen3 did your case get resolved? We have evidence backing up the aligations that the grandmothers temp custody order is based on complete lies. The grandmother is currently making it impossible to see the child. My friend already beat her restraining order taken out by her mother, but we currently have to wait till the end of May to get in front of a judge! I never even thought this evil **** was possible until now. I just want to say to everyone on this thread that I’m so sorry the system failed you like it did. This should not be aloud to happen ever!!!
  7. yeah u r correct
  8. You're not wrong, but your point raises no legal concerns whatsoever. Maybe you could better find support and/or advice on how to handle this unfortunate situation in a parenting forum, rather than a legal one.
  9. Thanks for the response. I was pretty sure I could do nothing about it. The point about the boyfriend is that the (young) kids are going to go through a lot of trauma. Introducing them to another romantic partner during and immediately after the divorce will only serve to confuse them and create a new sense of loss if the new relationship doesn't work out.
  10. What is Policy behind Sick Leave?
  11. My property is located in a private community, on the end of a cul de sac. It’s the lowest house on the street, therefore all the water run-off comes directly towards my driveway and into a storm drain. Right next to the storm drain (to the right) is a dry creek, that runs directly alongside my front yard and backyard. It catches the water coming from the right (and whenever the storm drain is backed up) and eventually drains out from the very back of my property line (fence). The dry creek is on my property, so my assumption is that I’m responsible for maintaining it, which I am not thrilled about - many weeds. The past few years, the storm drain would get backed up during heavy rainfalls resulting in water getting into my home. My questions: Since I’m unsure - Am I responsible for clearing/maintaining the creek? There’s no mention of this dry creek in my homeowners (title) nor HOA documents. Does the HOA have anything to do with it, as far as maintaining it? With the storm drain backup, my furnitures and floors (carpets/rugs) were damaged. Is this the HOA responsibility or must I take it up to my homeowners insurance? thank you. I’m a new homeowner and this is my first time coming across a major issue with my property, please excuse my ignorance.
  12. Unless you can prove, with evidence not just psychobabble, that he is a criminal or abuser or some other type of menace to your kids, the answers are no and no. And what happens when you have a girlfriend? Will you forbid her to have anything to do with your kids if your ex thinks that she's a bad influence?
  13. Why do you think there would be repercussions if you fired your attorney and replaced him/her with one you paid for? Public defenders have overwhelming case loads and I am sure he would be glad to get one off his plate.
  14. My wife and I have barely begun a collaborative divorce process. She currently lives with her boyfriend most of the time although some nights she stays in the family home. She has had her boyfriend in the house for supper with the kids a few times despite agreeing to not involve him in the lives of our kids. She's been with him for three months and is now talking about moving to his house with the kids for part of the week. Obviously this is really bad for the kids (research, family therapists, counselors, books etc have affirmed this). Do I have any legal recourse to prevent him from having contact with the kids, and also prevent her from moving into his house with the kids (sharing custody with me)? Thanks.
  15. If a person is assigned a court appointed attorney for a criminal case and within30days wants to pay another attorney are you able to fire the court appointed attorney in the state of texas witout a reason or repercussions?
  16. Yesterday
  17. And how is your son supposed to learn how to adjust to changes, something it's very important for everyone to learn, if you allow him to call the shots about what he does and does not want to do? This isn't about your ex-husband at all - this is about your wanting to give in to a child so you won't have to deal with his learning that the world is not going to dance to his tune all his life.
  18. Exactly, ideally he would have requested the motion to modify when our son was around four years old, however, he didn't have a girlfriend to help him care for his son. Now he is going to have to explain to his son that he doesn't feel he is old enough to know what he wants and to take him for a 50/50 schedule in spite of what his own child's expressed preference. I am not opposed to 50/50 as a goal for a court system, I just feel that it is grossly inappropriate under my child's particular circumstances, that is all.
  19. Had he requested equal custody/visitation when the child was 6 months old, it is unlikely it would have been granted. It is very rare for a judge to order equal custody for an infant.
  20. Thank you, I am sure you are correct and I am being too worrisome. Yes, I agree wholeheartedly that my ex-husband has the right to parent every bit as much as I do, I just wish he would have fought for 50/50 when our child was 6 months old, instead of waiving that right without a fight and taking a cut in child support. I wish he wouldn't have waited until everything was just right and convenient for him and waited until he is 6 and a half and already has an established schedule/life. He has that right, but I don't feel that this motion to modify should be about him, it should be about our son, and our son truly loves his life and I am sure he will positively adjust no matter what this court proceeding renders. Thank you for the feedback
  21. Nothing you describe changes his RIGHT to parent. He is still just as entitled under the law to parent the child as you are. Even if he is a "bad" parent, he still retains his rights, equal to yours. A person can not give up those rights and a court will only take them away in the very worst of circumstances as a last resort. Typically after several attempts to avoid having to terminate or curtail those rights. Children of parents who no longer together live the unfortunate reality that they don't just live with both parents in the same house, all the time. It is rare for a custody arrangement to never change, particularly when the child is so young when the parents split. Eventually, the child gets used to the new routine and the other parent's way of parenting.
  22. How could that happen? Why would he even have information about your father? Is it because you were driving your father's car and the cop got your father's info off the registration slip? A rather obvious typo/clerical error. Presumably he meant 91 in a 60mph zone. Uh huh...and...? sounds like the cop issued a ticket to your father, so you're obviously free to dump this in his lap. Assuming you don't want to do that, then your options are to pay the ticket or show up in court and explain that the officer mistakenly issued the ticket in your father's name but that you were actually the person driving at the time of the incident. Once you've done that, what are you going to do? Do you have any defense to the charge that you were exceeding the speed limit by over 30mph? Keep in mind that speeding by that much over the speed limit is not an ordinary traffic infraction. It's a misdemeanor punishable by up to 180 days in jail and/or up to a $1,500 fine. That being the case, you might want to contact a local attorney for advice.
  23. Show up on the assigned day at the assigned time and present your evidence. Sometimes the officer doesn't show up and in those situations the court ordinarily dismisses the ticket. If the officer is there, the court will evaluate your evidence as against the officer's evidence and make a decision. Minor typos on the ticket (60 in a 91 mph zone instead of 91 in a 60 mph zone) likely will not matter. That the police car was moving when he "clocked" you doesn't necessarily mean that the reading is inaccurate. Some police radar guns and similar devices are designed to be used while the police vehicle is in motion. When the officer is in court, you'll have an opportunity to ask about the device he used, whether and when it was last calibrated, the extent to which the officer has been trained in the proper use of the device, and other related points. There is a lot of information available online on this topic.
  24. Hello I have a question. I was pulled over by a state trooper a day ago going down I-88. He pull me over and everything went by normal I gave him my drivers license and insurance, about 10 min later he shows up and gives me a ticket. I signed and went on my way I was in a hurry to get to class so I didn't pay much attention. When I got to class I realized that all the information on the ticket was wrong. He put my fathers information on the ticket not mine. Not only did he get that wrong but he also put that I was doing 60mph on a 91 mph zone. The whole ticket is incorrect he also said that he clocked me but he was in a moving vehicle. I'm wondering if there is any way that I can fight the case and get it dismissed by the court. Thanks.
  25. Thank you all for your answers I didn't know that you could have another charge added after your have been arrested ,My step-son and a girl went onto a mans farm and drove there car into his barn and he had seen them enter his property called the law ..No clue what they were intending to do..And yes he has record just got off of a 5 yr probation about a year ago ,, He has appt see lawyer but his mom and i had those questions to ask ,, Want thank each of you for your response
  26. When my son was handed off to me this past Sunday, he entered my car, looked at me and started balling. As a mother, you can sense things about your child, I could even tell the day that I was going to give birth to him, it is an intangible instinct. He had not been feeling well, was simply exhausted, and absolutely relieved to know that he could genuinely express himself. My son has a lot of repressed emotions as he is not allowed to cry at his father's house, so he disowns his feelings. I never said that I was a better parent, I have plenty of flaws as well, but I am willing to read books on parenting and to go to counseling to constantly better myself. Parenting is not the number one priority of my ex-husband as it is for me, and I am okay with that. I do not speak poorly about him and encourage my son to have an excellent relationship with him. I tell my son that I love him no matter what and that he is able to spend more time with dad as he wishes. I would never keep my son away from an influential father figure. I am not complaining that he doesn't spend much time with dad, and I am not complaining that I handle all of his medical appointments. Being a mother is the most important thing in my life. My single complaint is that my son and I were served by a police officer with a motion to modify for a 50/50 schedule that would abruptly disrupt our child's life. If he were to split up with his current girlfriend not only would he not be able to, but he would not want to have our son for 50% of the time. I have known this man for two decades, all of this behavior is stemming from his girlfriend, it is absolutely not him, and even his siblings have reached out to me out of concern for their brother. When a couple gets divorced when a child is, for example, ten years old then I could completely understand a 50/50 schedule, because that is what that child is accustomed to. Our child was 6 months old at the time of our divorce and my ex-husband wanted nothing to do with our child. He was unable to wake up during a single night to help with our toddler and wanted to have his freedom as a single man after our split up. I allowed him a significant cut in his child support as an incentive for more time with my son. I am not sure what makes him think he should disrupt a happy, healthy child's life who does not want changes to his schedule, his child made that very apparent to him and he actively denies the validity of his son's feelings and desires. I understand that my child is much lower maintenance now and more convenient for my ex-husband to care for now that the hardest phases of raising this child have subsided, but there is truly no need for modification when considering the best interests of the child.
  27. Last week
  28. Pretty much guessed you had been through a bad custody battle as a child yourself. You need to not impose your feelings on your child. You and your ex are not your parents and he is not you. Stop playing amateur psychologist and assigning motivations to others' actions based on what it would mean if you did that. You are not them. A 6 year old not wanting to go someplace else doesn't have to have any deeper meaning and it sure doesn't mean his emotional needs aren't being met. It can mean, he doesn't spend as much time with Dad so doesn't feel as comfortable there, he wants to play with his toys at your house, he picks up on your dislike of his father and the new gf, he is exerting his independence to see if he can get away with not doing something asked of him, or he is simply human and doesn't feel like going for the same reason we adults sometimes don't feel like going somewhere or doing something. In any case, unless the reason he doesn't want to go to Dad's is Dad is truly abusive (a spanking for misbehavior is not abuse), the court is not concerned with the whims of a 6 year old. You are welcome to discuss with his father how to increase his parenting time in a more palatable manner, but even from where I sit, I can't say as though I blame Dad for assuming that is not going to happen. To be completely frank, you come across as controlling and being unwilling to give an inch unless forced. You want the lion's share of the parenting time and consider your ex to be inferior as a parent, rather than just having a different style than you do. If I can see that, it is entirely possible the judge will come to the same conclusion. You can't on the one hand not let the child spend much time with him, then complain that he doesn't spend much time with Dad. Or be the custodial parent and complain you have to handle the bulk of the medical appointments.
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