ElleMD

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ElleMD last won the day on July 5

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  1. Dude, what part of, "this is a 7 year old thread and the OP is long gone", is difficult to comprehend? Adding to long dormant threads does not help those with current problems.
  2. My bet is this is not any of the direct players in this drama, but someone on the sideline who wants to play amateur sleuth. Never a good idea.
  3. Your defense lawyer does not work for the states attorney. That isn't how it works. Your attorney also can not guarantee how another party (the judge) will rule. He can guess based on past cases, but there i no way to know for sure how another party will act.
  4. Seconding the above. Sounds like you have more than one kid. Who is the father of the other kid(s)? For some reason you gave the kids to your mother to raise. Was this done through the courts, or did you just drop them off with Grandma one day? No 18 year old goes to jail because his girlfriend is 17. Not buying it. Any consequences he faced had nothing to with the parents of who he was dating. They don't have the power to charge him nor order him to serve jail time. If one of more of these guys are the legal fathers of these kids, the father has as much right to them as you do. If you gave the kids to your mom, she has every right to allow the father to take them. Don't want a habitual offender and druggie raising your kid, don't create a child with them. That is the unfortunate consequence of having a child with someone who you don't believe will be a good parent. If you voluntarily gave the kids to someone else to raise, Dad has a really good chance at getting full custody. Courts will nearly always side with a parent over a grandparent and a parent who wants to be involved over one who does not until they find out the other parent wants custody. If both of you have criminal records and a history of acting out, neither of you is a great choice. You can play the "Who is worse" game all you like but the fact of the matter is, it doesn't matter. Both of you have equal rights to the child. It is not going to help your case that your own mother chose this guy over you. You need to talk to a family law attorney.
  5. I'm not entirely sure what your legal question is or what it is you hope to accomplish. It is not at all illegal for your sister to encourage you to apply for disability benefits. It is not illegal for her to call and email you. This is particularly true if you are behind in paying her rent. Real estate contracts do need to be in writing. Verbal agreements and discussions are generally not binding when it comes to real estate and having a valid contract. If you are just a month to month renter (sounds like that is the case from your description) with no written agreement, your sister can give you notice of eviction with either 30 or 60 day notice. If she owns the house, and wants to sell it, she can do so. If you are not caring for the place, and that lack of care is decreasing its value, that is also a valid reason for eviction, as is not paying the full amount of rent due. There is no need to "trick" you into saying anything in particular. She as the owner has the right, with proper notice, to terminate your month to month "lease" and if you fail to move, have you evicted.
  6. Sounds like sis is the only one to step up and be the executor for the estate as no one else had bothered in the 6 months following your mother death. Your chance to challenge your sister being the executor for the estate was when she was named by the court, but it sounds like you agreed to this situation. If she, as a representative of the estate, filed a wrongful death or malpractice claim, that is who the attorney can and should be speaking with. If that attorney felt the need to call you as a witness, he/she would have done so. It sounds like that was not necessary. Court dates are public record; you did not need your sister to find these out. If it did make it to court, as opposed to settling out of court, you could attend the trial, but you would only be allowed to speak if the attorney called you as a witness. Not just anyone who shows up gets to have a say. Any award or settlement would be property of the estate and would be divided per the intestate laws. If the estate had any debts, those would be paid first. The rest would be divided accordingly. http://www.nolo.com/legal-encyclopedia/intestate-succession-pennsylvania.html
  7. There is nothing misleading about it; DC will not issue points. If some other entity chooses to impose a penalty, that has nothing to do with DC. You insurance rates might also go up, but that is up to your individual carrier and not something DC government has any part of. The fact that you requested the records from the wrong party is not denial of due process. It is not the DMV's responsibility to provide you alternate routes to obtaining the information you seek.
  8. Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992 which requires a disclosure statement for properties built before 1978, whether they ever contained lead paint or not. It is not uncommon for all leases to have this statement even if the property was built after that. It does not mean that there ever is or was lead in the home, or that there is any risk or danger now. Your ex is going to need a whole lot more than the fact that your landlord complied with the law to use that as a basis for custody.
  9. Before 18, the child only has as much leeway as the parents allow, provided the court agrees. With few exceptions, if the parents agree where the child will live, the court is going to be fine with that. If the parents choose to take the child's stated preference into account, they certainly may, but just as with any other parenting decision, they aren't obligated to do what the kid wants. The court isn't obligated to accept what any of them prefer, and may step in and create another arrangement in the best interest of the child.
  10. This has nothing to do with her ability to parent. While it is illegal, it has no effect whatsoever on the kids. It certainly has nothing to do with whatever visitation or custody issues you have now that you are divorced. The length of time she had to make payments would have a negligible effect on your credit. In any case, you don't even have to worry about the loan and its duration any longer.
  11. It is not illegal discrimination. Nepotism is not illegal, particularly in the private sector. If the owners child is held to a different standard, it is perfectly legal.
  12. It is really hard to read a solid block of text. You might get more responses breaking it into paragraphs. Is your grandmother still alive? Is she lucid and able to make her intentions known (being in a nursing home does not mean she automatically is unable to manage her affairs, though it is not uncommon for an elderly person to name some other person as able to act on their behalf for other reasons)? What does the POA allow your uncle to do? These are not one size fits all. If your grandmother entered into a valid contract to lease the house to you and to hire a property manager, and was of sound mind to do so, those remain valid. Did you report your uncle's break ins to the police? No POA gives a landlord (assuming he legally assumed that role) the right to shut off the water to a property or break in and change the locks. He could not do those things legally even if it were his house to begin with and you had signed a lease directly with him. I would strongly recommend hiring an attorney to review your options as you have a whole lot of issues at play here. If your father is a property manager (and not just playing the role unofficially per granny's wishes) he should certainly be able to recommend someone. There is also a find a lawyer feature at the top of this page.
  13. Doesn't matter.
  14. If your probation means you can't follow your employer's policy and they would have to find some sort of work around for you, it is entirely legal to fire you. They do not have to figure out a way to allow you to comply with your probation.
  15. First and foremost, if your gf is suicidal, get her to a hospital. Is she still seeing a psychologist? Talked to her OB? PPD is serious and does often require treatment, though I find it difficult to believe that any competent medical professional would have advised a women a week after giving birth to hand her baby over to her controlling and unstable sister as a remedy. If this was a "home remedy" make sure whomever she is treating with is aware of the situation as that undoubtedly will need to be addressed as part of care. You need to establish paternity like yesterday. Lucky for you, your state makes it reasonably easy. https://www.illinois.gov/hfs/ChildSupport/Documents/hfs3416b.pdf Until then, you do not have any legal rights to this child. Neither does the psychotic sister, but it doesn't sound like the child's mother is in a position to do anything for the child right now. Once you have paternity established, YOU have as much right to the child as the mother and can just go get the baby. It is your child and the sister/aunt can not prevent you taking custody of the baby. That may mean that gf stays elsewhere during her recovery. On that note, follow the advice of the medical professional treating her.