ElleMD

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Everything posted by ElleMD

  1. You can't inherit a rental. Did your FIL own the mobile home itself and was just renting space in which to park it? Probate has nothing to do with it and it is not clear why any siblings need to be consulted. If the lease is up on the lot where the mobile home is located, assuming the mobile home was not also rented, at the end of the lease you/your husband need to talk to the manager about a new lease. Or, you move, home and all. If the mobile home was also rented, then the above applies to the above as well, only you can't just move the home.
  2. You really need a lawyer. This site is not a substitute for that and we can't give you actual legal advice, just point you in the right direction. What happened during your relationship is water under the bridge. It does not matter one bit. Since he fought you moving last time it is not terribly believable that you had no idea he was entitled to know his child was now living on the other side of the country. It is also not going to go in your favor that his only means to find you was to go through your parents assuming they hadn't moved. You should have moved the case to AZ when you moved there. It is not very likely that a judge will do so now that there is a pending action in your previous state. I haven't read your current order but I would be shocked if it didn't require you to notify him of any moves. You do not indicate the state where his WC claim is located but in many states TTD benefits (pay while out on a work injury) can not be garnished. The check also typically comes from the insurance carrier, not the employer. If he never modified the order, then he still owes the same support as always. As he has filed to amend the order, there is a decent chance that support will be modified based on his reduced wages and injury. Support and visitation are totally separate. Visitation is voluntary, support is not.
  3. I assume you mean to ask if you can request in court that he pay child support, but not be permitted visitation or custody? Legally, it is his child and he is entitled to custody (at least legal if not physical) and visitation. You can not remove those and a court will only do so in extreme/rare circumstances. He may elect not to exercise his right to visitation, even if he does pay support. If this is an infant, solo visitation is unlikely to be ordered, particularly if the child is breastfed.
  4. You thought it was best to let the kid live with a repeat violent offender with a history of abuse? If your son was kidnapped, you call the police, you don't go to family court. In any case, it appears whatever happened has already been before some kind of judge. Was this family court? Criminal court? Civil court? There is no legal reason the gf can't discipline your son, including spanking if the father allows it. If she is truly abusing the child, report it to the police or CPS. If it is just a difference in parenting style, you need to work that out with your ex. It is unclear how long all of this has been going on and why you were unaware of his school issues and lack of medical care. You can always file to modify custody, but courts are hesitant to do so absent a change in circumstances. If it is just more of the same as when you agreed to this arrangement, that might not be enough. If the child is in danger, absolutely that is a good reason. If the child is only in danger of a spanking for misbehavior, that is not.
  5. You really need to consult a family law attorney, especially if your ex is represented. Your attorney is in the best position to advise on strategy.
  6. You can't sue your employer because the disability carrier denied your claim. FMLA/leave approval and payment of disability payments are two different things. Did you follow the appeal process for your claim? Why was it denied?
  7. Where is the child's father? Why is he not concerned with his child's education? How do you know the child wasn't actually homeschooled?
  8. Way too general of a question to answer. The short answer is that if he has lost authorization to be in the US, he and his family must book a ticket to outside the country. You don't mention what kind of visa he had, if he was in the process of obtaining or had obtained a green card, what type of authorization his family members might have, etc. He really needs to discuss his situation with an immigration attorney.
  9. Call a tree trimmer to trim the branches on your side. That seems obvious. Your neighbors are not responsible for squirrel damage. There are any number of ways you could have prevented rodent damage yourself. Have you had an actual conversation with your neighbors about the tree? No passive aggressive notes, but an actual in person conversation?
  10. Who is "they"? Was a guardianship ever approved by the court? A petition 6 years ago does not mean it was granted. SSI/SSDI is not indicative of a need for a guardian. Again, any guardianship order would spell out the terms of the guardianship. Have you spoken with the alleged guardian? Your fiance should certainly know what is up, or if he is incapable of understanding that much, you may be in for a much rockier road than you bargained for. Figuring out his status before getting involved sexually, creating a child, and getting engaged would have been wise. I would again recommend an attorney.
  11. You can speak to an attorney at any point, but you can't sue before you have filed with the EEOC/state agency first. I would think working in HR that would be something you already knew.
  12. It isn't clear what websites you are referring to but many real estate sites are not controlled by the agents and brokers themselves (zillow, etc.). The data on those sites may be months out of date.
  13. Is there information on the site that is harmful? If not, ignore it. There is another woman the same age I am, with the exact same name, who lives nearby. It is not a common name, though I have no reason to believe we are related. We have a few relatives with the same or similar names, and she was ironically married the same day I was. Random online profiles contain a mixture of our information. Perhaps if she goes on a crime spree I might do something about it, but in the meantime, I figure it makes it that much more difficult for those without a legitimate need to know find all the details of my actual life.
  14. A 3 year old can not commit slander. If your daughter and her husband do not wish for you to have contact with the child, that is their right as the parents. If you have a legitimate and valid reason to believe he actually abused the child as you imply, contact child protective services. Telling the child to report to mommy that granny said not nice things about him is not abuse.
  15. Not all guardianships are created equal. One can have a guardianship that only covers finances or health care. What does this one say? Is this person competent to willingly enter a marriage? I would strongly suggest speaking with a family law lawyer.
  16. I'm still not seeing anything that is illegal or which provides any sort of recourse. The company isn't obligated to continue promoting you and if your supervisor wants to promote his best friend over you, it is legal. Unfair maybe, but legal.
  17. Nope. Others do not need to conform to your religion's theological ideals in order to avoid a claim of religious discrimination. You can debate theology elsewhere. For example, your employer may serve cheeseburgers at the company picnic held on a Friday during Lent, even if there are employees who are Catholic. The employer could not legally fire the employee for simply being Catholic, or refusing to eat a cheeseburger in violation of his religious beliefs, but the employer is not violating any laws by serving cheeseburgers. The employee is still free to practice his religion. It would be logistically impossible for an employer to act within the belief systems of every single employee. Even within the Catholic Church, you have a good deal of disagreement as to the interpretation of Church doctrine. Expecting employers and coworkers to be experts in the religion of a particular employee, assuming they even know that person's religion, is far beyond reasonable.
  18. If the money is going into a joint account, it could have to be split. If he puts it in his own, perhaps not. This isn't a one size fits all answer and you need to discuss it with an attorney. Some parts of settlements/WC awards are not considered joint property/marital assets, some are. You don't state what the $50K is for, but you should share that with your divorce attorney.
  19. You reported what exactly? Who told you to stay home and what reason was given? It sounds like you were told to stay home after multiple crying fits at work and needing to leave early because you were so emotional. That is not only legal, but smart given your job.
  20. While it is weird she watched you wash your hands, it is not the basis for any sort of restraining order. Hitting you might have been but if this was months ago and there is no contact now and you will be in a different building, there is no need. If she does something to you directly once school starts, report it to a guidance counselor or school resource officer. Ignore her, tell your friends to ignore her, and go about your life. Chances are if you are 10 blocks away, have no friends in common, aren't friends on social media, and you don't contact her in any way, she will leave you alone.
  21. This is beyond the scope of a message board. You need to speak with a family law attorney. You will need to have legal custody through a court to add the child to your health insurance.
  22. If you are crying at work, visibly stressed out, and making multiple mistakes, and needing to go home early you absolutely can be suspended or fired. Given your job, the stakes are especially high. Those are totally objective and legal reasons to remove you from duty. If you were subject to harassing behavior you should have reported it at the time. That does not appear to have any bearing on your current situation.
  23. No court has to let anyone adopt a child. If your home is not considered suitable, or it does not appear you can support the child, or your home life is unstable, or your adopting/fostering the child would mean the mother from whom he was removed would have access to him, and or others you would expose him to are not suitable to be around children, then he can be removed from your care. It isn't clear what you have done to try and adopt or foster the child, other than you haven't been approved to foster.
  24. Court is next week for what? If Allen is trying to shoot hubby, it would make sense for hubby to stay away from Allen. If he tried to shoot him, call the police. If he is that unbalanced and a threat to others, you need to talk to a lawyer ASAP about getting him involuntarily committed. This is not a DIY project, nor an internet message board project. use the feature at the top of the page and get this guy off the street and into a secure facility before he kills some innocent person.
  25. You are asking way too much of an online message board. You need to speak with an attorney to discuss your case, what remedies might exist, and the best way to go about obtaining said remedies. There is a find a lawyer feature at the top of the page.