ElleMD

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Everything posted by ElleMD

  1. I'd take a look at your divorce decree again. I can't fathom one where the couple owned substantial assets (5 homes) that was silent on the matter. Further, I can't fathom not bringing this up with the lawyer you hired in like, the first conversation you had with him. Alimony and selling the house are not either or propositions. Many states have limited alimony, particularly when both spouses have income earning capacity and no minor children are involved. If the divorce is final, you will need to talk to a property lawyer.
  2. Someone calls the police and states they have been locked out of their house, the police are not going to do an exhaustive search to determine the particulars. If the divorce wasn't final, it was still her house as much as his and there was no reason to make sure hubby was there when she entered. If the divorce wasn't final, assets hadn't been divided yet and there is no reason to assume someone would have moved every single personal possession from the residence as it was still legally her residence. "Planning to divorce" has no legal meaning. It is like being pregnant, you either are or you aren't. You are either married or you have a finalized divorce. If there wasn't a legally binding court order that forbid her from accessing the residence, she legally could. Debating the validity of whatever proof she may or may not have shown that it was her residence is pointless. In any case, her accessing the house has nothing at all to do with the OP having been found with drugs in his possession. It is nothing but a diversion and a smoke screen. It does not change the facts. The police went to investigate. The OP allowed the investigation. The officers found drugs. He is welcome to argue they "aren't his", and "he was framed". If he lucks out and gets a judge on his very first day, who knows? It might fly. Arguing that his wife turned him in based upon what she saw while she was legally inside the residence is not going to work as a defense.
  3. If you want to end support, you need to file for a modification of the agreement. You owe until the child is 18, whether or not he was in school. Depending upon how your current order is worded, you may owe beyond that.
  4. It is very hard to read your post. First of all, CPS is not just going to take 3 young children from the home because of one phone call by an ex claiming you did drugs. They certainly do not terminate parental rights based on an unsubstantiated allegation and all clean UAs. You admit to using and you admit to inpatient treatment, which are perfectly good reasons to place the children with the other parent. If you were never using, you would not have needed inpatient treatment- there would be nothing to treat. I suggest hiring a lawyer to advise you on your options at this point, as it is not clear what you are trying to achieve and where in the process you are.
  5. You are leaving out a lot, such as why he was angry, why you were both stopped, why you got out of the car, and what you said/did? Either way, an ER of a public hospital will treat you even without insurance. It is not clear what you mean by "justice".
  6. So a woman took her child to visit the child's father, her ex. The ex refused to hand over the child. The woman went to court and got an order for the ex to hand over the child but the ex can not be located. The woman's father wants to know what he can do. Do I have that right? The father can not do a darn thing himself. He is welcome to support the daughter's efforts in any way he chooses such as paying her legal fees, paying for her to hire a PI to locate the child, etc.
  7. when we went to get the children they told us that this FINS petition had been filed and we couldn't pick the kids up that was in September 2012 Who told you? Why was a FINS petition filed? On which child? This has no effect on custody at all until after it has been to court. https://www.co.washington.ar.us/home/showdocument?id=124 we could only see the children supervised at the childrens home at our January court date it was postponed 6 months to June 2013 during that time we were order to meet with the children's counsilor Who ordered this? every Monday so we did every Monday we meet and did everything he asked when our June court date came he wasn't there he never showed up and I even called him he said he was on his way but never came Who is "he"? so our word didn't matter and the judge wouldn't even look at our certificates of completion so he postponed another 6 months to December 2013 but now we weren't allowed to see the children at all or talk to them. What certificates? Why would a judge look at certificates? What was postponed and by whom? Was there a court order forbidding all contact with the children? That's when we hired the first lawyer his exact words were " ARE YOU SURE YOU WANT TO FIGHT THIS? " I said yes I'm sure those are my kids why? He said " YOU WOULD BE UP AGAINST THE JUDGE, THE CHILDREN'S HOME, ANOTHER JUDGE, AND A POWERFUL LAWYER, NOT TO MENTION YOUR DHS CASEWORKER WHO WAS FIRED CAUSE YOU TURNED HER IN" Sounds like you didn't actually hire him, just consulted with an attorney. This statement also does not make sense. Was this on the FINS petition or some other case? You have never mentioned DHS which implies there is a whole lot more going on than you temporary left your children in a church run care home for a few months while you found a new job. If the caseworker had been fired for incompetence, it should be rather easy to discredit testimony in any sort of court case. AS FOR OUR DAUGHTER THE PAPERS THEY SENT WERE JUST TO SIGN FOR THEM TO ADOPT HER NO COURT DATE WAS GIVING PERIOD!! AND NO OUR RIGHTS HAVE NOT BEEN TERMINATED WE CHECKED WE STILL HAVE FULL PARENTAL RIGHTS TO ALL FOUR OF OUR CHILDREN If you signed paperwork allowing someone to adopt your child, she is no longer your child and you wouldn't have to go to court for the adoption. If you are hounding an attorney 15-20 times and not getting a response, you need to hire another attorney.
  8. They keep hanging around as you keep feeding them. They are not stupid. If you build something to attract cats, you could also attract other cats who happen by, not to mention squirrels, groundhogs, chipmunks, etc.
  9. You are correct. The mother is under no obligation to let the guy see the child. Children are not pay-per-view. One does not pay support in order to be entitled to see a child.
  10. Why wouldn't it be legal to suspend someone verbally? Notice need not be in writing and suspensions need not be for any set length of time.
  11. I have a cat I happen to be quite fond of, who was born to a feral cat my parents were feeding. My parents, live on multiple acres. You live in high density housing. Where your neighbors were born and their feelings about pets has absolutely no relevancy here. Though, if other residents are complaining about the cats, that is certainly a reason for your landlord to ask you to cease your efforts. Someone owns the property where you are considering building this contraption for the cats and that someone is not you. You have no right to build someone on someone else's property. The cats might keep rats away, but they also do carry diseases and can be a nuisance to drivers who must avoid them. Management did not decide to encourage a bunch of cats to roam the property. They have no obligation at all to pay for them. If they wish to eradicate rodents, they would pay for the method of their choice.
  12. Then transfer your child to a school which will continue to offer the IB program. You can't force them to continue to offer it. There is not much anyone can do if you wait until the end of the academic year to complain that the academic program did not meet your expectations. The time to address it is during the year, when it happens. What is it you are looking for? a refund?
  13. Honestly, I am not sure what exactly you are seeking at this point. Lawyers do not search these boards for clients but there is a find a lawyer feature at the top of the page. If the program was not as contained in your contract, why would you have not removed your child and enrolled him elsewhere back in October? There is nothing illegal about project based learning, and in fact, many parents spend a lot of money to enroll their children in such schools.
  14. If in March 2016 you were still married and had just agreed among yourselves to live separately, it was still her residence and she had as much right to be there as you. I have no idea what your girlfriend talking to her while you were in the shower has to do with any of this. Whether she was physically in the residence or not, she, as could anyone else, could have reported to police that there were illegal substances/drugs in the house. It would be up to the police to investigate. If their response was to approach you and ask you to sign something allowing them to search your residence and you gave permission, you don't have a leg to stand on. I'm not sure why you would consent to a search if you had drugs in the house, but that is neither here nor there. The point is, she was entitled to be in the house and her being in the house was irrelevant in her decision to report you to the police (she could have done that even if she was denied entry). It was the police who decided to investigate and your decision to allow them to search.
  15. Sorry but you aren't going to find a law that says your landlord must allow you to build or maintain an outside structure for feral cats. Not by a long shot. If they are neutered and vaccinated, they aren't feral, they are just outdoor pets. Most properties have a limit on how many pets one is allowed to have and place restrictions on those pets being permitted to roam free. If these animals are hanging out in the garage, that is not safe and poses as hazard to other residents. Why would management pay for food for what are essentially your pets? The building being multi-cultural has zip to do with it.
  16. Your posts are still almost impossible to read. You and your husband turned your 4 children over to someone as you could not care for them. Perhaps some kind of group home for children. It really is not clear where you sent the children, what you might have signed, or what court actions took place back in 2012. Perhaps they were somewhere like this http://www.abchomes.org/baptist-childrens-home.html If after 4 months of the children being in a placement elsewhere, you managed to get a home and it sounds like the kids even visited there. Why did you just not keep your children with you at that point? Why did they spend 3 more years there? If you had full parental rights, you just simply collect your children and take them home. Or if there was some sort of agreement for the kids to stay for 6 months, don't renew and go get your kids at that point. What changed in 2015? Why on earth would you ignore papers from the court that someone is seeking to adopt your daughter? Or wait 31 days or whatever it is you did besides get your butt to court and challenge it? If you have ignored all paperwork and court hearings, then yes, it is likely a court might have terminated your rights and allowed the children to be adopted. If you no longer have parental rights, no one is going to give you whatever it is you are looking for in terms of paperwork, but you are not at all clear about what paperwork you are seeking, and from whom you have requested it, nor by what means you made the request. At some point you apparently had lawyers, but it is not clear when, what those lawyers did, or what the lawyers claim was not legal. Better yet, when told that actions ABC were not legal, what did the lawyers advise you to do?
  17. Well right now you can't do anything to get him to relinquish his rights. You can force the issue of parentage and support but filing with the court. You can't force him to be an involved father but you also can't just by-pass him entirely either. At some point, if the latest guy wants to adopt the kids legally, AFTER you have been married for some years, then as part of the court petition to adopt, he will need to be notified and given the opportunity to object. If so, a judge will decide at that point what is in the children's best interest. THEN it might matter how involved he has been. Right now, your new (again) relationship is anything but stable. New dude might want to be part of the kid's lives now, but if he adopts, the kids will be just as much his as yours yours, even if the relationship fizzles. No judge is going to hand legal rights over to a guy the mother has only been dating a few months and took a break from just a year ago.
  18. For anyone else who happens upon this thread, filing a WC claim would be the sole remedy. You can't sue the employer. If safety regulations are not being followed, you can file a claim with OSHA, but there is no private right of action.
  19. Considering you are late on rent, added an additional animal, have daughter's bf hanging around, get into physical altercations with your kid, and have drunken late night visitors showing up, you don't have a lot of moral high ground to stand on here. Your landlord isn't the only one who changed the original agreement. I suggest finding another place to live as soon as possible.
  20. Calling a 17 year old who has been severely injured dumb and moronic in not helpful and uncalled for. I'm considerably older than 17 but have never once asked the driver of a vehicle I have been in as a passenger for proof of insurance first. This kid at 17, probably does not know much about insurance or medical bills at all as she can not purchase such policies herself and would not be legally responsible for any bills. If the driver is over 18, he would be the party responsible for any negligence. If he parents choose to help pay, no one will stop them. If we are talking about 2 kids, even if he is negligent, there are limited options against him if the parents aren't willing to step up. Bottom line, there is no enough information to know is liable based on what was posted. It is not clear if there actually was an accident.
  21. Ever met a 17 year old? Sister can not obtain her own insurance, nor does she have any control over insurance policies any of the adults in her life purchase.
  22. Legally, yes, you can go get your kid at any time as no court has ordered any other legal arrangement. That does not get you out of whatever the grandmother may be trying to do.
  23. Alright, I'll bite. What is a "non-biological father"? I guarantee you what did not happen is DSS did not walk into a loving home and take a child from a caring mother who has broken no laws and hand the kid over to an unrelated, random male who has a history of abusing the child, with no investigation at all.
  24. Then you have his car until he either is located and signs the title over to you, or takes the car back.
  25. In either case it is up to your legal guardian, be that your mother or your grandmother, and not you. You live where the personal legally responsible for you allows you to live until you are 18.