ElleMD

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ElleMD last won the day on February 2

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About ElleMD

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  1. You can't sue outright in any case. https://www.eeoc.gov/employees/charge.cfm
  2. Your husband is this girl's legal father, regardless of DNA. That doesn't mean the other guy can't challenge this in court and there really isn't anything you can do to stop it. If the other guy is the biological father, he can get visitation and have a say in her medical/education decisions. You need to talk to this guy now and find out his intentions. This isn't something you want to be a surprise when your daughter is older.
  3. It sounds like it you are asking if an employee can get around the exclusivity provision of WC by not filing a claim and paying for care by some other method. The answer in all 50 states, is no. Exceptions to the exclusivity rule are pretty limited and reserved for cases where there was intentional or extremely negligent conduct which resulted in the injury. The bar is set fairly high on that as 99% of accident happen due to at least a little negligence.
  4. I'm not sure why you believe the parent who gave up custody and visitation 6 years ago and hadn't had contact in many years would be interested in taking on full custody suddenly. It appears you were out of their lives and just ducky with that. If you were considered an inappropriate placement due to what sounds like criminal charges/convictions, what would be the purpose in notifying you? It isn't clear what your end goal is here or why you think the DFS should have tried harder to contact a disinterested, absentee parent in another state who was ineligible to care for the children.
  5. I can guarantee you right now that her sexual orientation will not be a factor and I would frankly, refrain from even bringing it up as it sounds like the reason you don't like this woman is because of misguided religious/moral beliefs, and not legitimate concerns about the children's welfare. You are actually hurting your chances of getting sole custody if your intent is to raise the children with the belief that their homosexual mother is immoral and there is something "wrong" with her. Birthday parties, phone calls, and regular visits are nice, but not at all required. These would not be a legitimate basis for limiting parental rights or revoking visitation. Not is being behind in child support. Anything she did during pregnancy is also irrelevant, and any link between maternal behavior and autism and learning disabilities is largely speculation. It isn't clear how you know about the drug dealing, suicidal ideation, or addiction. Certainly if there is contemporary proof of these things, that should be shared in court (convictions, police reports, medical records, etc.). Things that are more than 3 years ago are not going to be particularly relevant and will likely not even be allowed to be presented. If you do not have an attorney, I would strongly suggest one.
  6. My years in education would lead me to believe there is more to the story than was shared here, but yes, he can be disciplined if the school believes he was involved and by handing the defacer the means to write on the poster, it doesn't look good. Now if he immediately tried to stop his friend, or attempted to erase it, or reported it to someone in authority, he has a better case for "not being involved". If he stood by while his friend wrote on the poster and did nothing to stop it or report it, then his advance knowledge isn't really relevant. In private school, it is up to the Dean of students or whomever to set the rules and consequences. If a public school, there is a mechanism for challenging disciplinary action. Typically the process is outlined on the system's website. There is a time limit for these actions, but if he is looking at expulsion, you need to act quickly. I'm not at all surprised that is the route they are taking as schools have very low tolerance for hate speech or threats.
  7. It is also quite possible that the insurance only has local network providers and so coverage for the children would be worthless where they live.
  8. If you have proof it was paid in full, show them. Your initial post indicated you couldn't find any record of such. Who knows? 24 years ago maybe they did send a bill or call. I would not expect anyone to remember a call they made more than 2 decades ago, assuming the same people even still work there.
  9. You can order one online through Vital Check. http://www.health.pa.gov/MyRecords/Certificates/Pages/11596.aspx#ordering No need to pay an attorney.
  10. TJ is the ISO code for Tajikistan.
  11. If he didn't pay for it, it wasn't "his" plot. 24 years later it is going to be near impossible to find out what measures might have been taken to collect the debt but presumable your father knew the cost and how much he paid 24 years ago and never paid the balance. In any case, you can't sue them because you didn't pay what was owed. If your father gave the wrong date, it is not their fault though it was nice of them to fix the error and not charge you. It is unclear why you feel they should have searched public records to ensure that the husband of the deceased gave the correct birthday, but that is an unrealistic expectation. I would strongly suggest counseling to manage your response to this and what happened 24 years ago.
  12. Sounds like you aren't even established as the legal father. If your ex was unmarried when the baby was born, your ex has sole and full custody of the child. If you never bothered to establish legal paternity, your options are extremely limited. In any case, international custody arrangements are complex and well beyond the scope of a message board. You need to talk to a family law attorney who specializes in cases like yours.
  13. WC is governed by the states so there is no nationwide WC guideline. No state requires a doctor to treat a patient- aside from life threatening conditions- so doctors can and do limit who they will take on as a patient by the type of insurance. WC notoriously reimburses at a much lower rate than other forms of insurance or payment. There are also different protocols for treating when it is WC and not all practices want to deal with multiple sets of rules.Your lawyer is correct that your employer's WC carrier is not required to incur higher expenses because you moved, or sought treatment they did not authorize. Even if you had moved to another state with an open system like Hawaii, it can be difficult to find a practice willing to jump through the hoops of another state's regulations.
  14. 150 miles is doable in a day. Heck, my brother drives more than that everyday just to get to work and back. Chronically ill children have more expenses so he will be paying more in medical as well. I'm not sure how you would even set a rate for mileage of your own child, but you can always ask and see what happens. The IRS allows $.17 per mile as a deduction on taxes for medical purposes, but that number is meaningless in any other context. You would still have to feed the child whether at home or on the road. Eating out is a nicety, but not a required expense.
  15. The judge may or may not alter the visitation schedule based on your ex working primarily out of town. There are a lot of factors ( how frequently he is out of town, if this is a long term situation or just a series of trips, time with his family, etc.) and no one can guarantee what a judge will rule. A judge isn't going to order your ex to be pleasant to your bf. His gf isn't going to be part of the order either. Communication may not be in person or by phone, but could be by email or other indirect means. Even then, it is probably going to be limited in scope to cover only things like medical, school, etc. It would be nice if you two got along and could converse freely about your child, but that isn't always possible.