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Found 78 results

  1. My wife at the time , hasn't lived in the house with me for 10 months. We were separated and going through a bitter divorce. This is my main question( she legally changed her place of residence in 07/18/2016, she left my or our residence in 03/08/2016. The possession charge occured in 05/07/2017. I was not home at the time this occurred, the police let her break into my house ( divorce still ongoing at this time) through a window to get said items she needed. She magically comes up with an exact location of a controlled substance in my dresser drawer. I come home , sign a search warrant like a fool , narcotics were found in my dresser. My question is : did she have a legal right to enter my residence period , if not , the whole case could be dropped. I'm hoping. I will answer any questions you have . Thank you
  2. Can a school claim they have a mandate against students patronizing outside extra-curricular activities that compete with the schools program? Can they say that because they have an equivalent program for a certain activity, no students may participate in the outside program? Both programs have been in place and are established. The private program does not advertise or solicite students from the school. The school has utilized the outside program directors assistance for several years until they felt it was now competition.
  3. My lease expired with my landlord on July 31, 2016. He did not present me with a new lease although we verbally agreed to continue the lease for another year. I have been paying monthly rent on time, and he still has never presented me with a new lease. Are either one of us bound by any terms whether under the old lease or anything we verbally committed to? Can I move out whenever I want? Do I have to give him any notice? Can I recover my full deposit if I never had a move-in inspection? He is refusing to repair the washing machine, can I file a complaint without a written lease? Thanks!
  4. The neighbor has a fence that goes on the other side of my big tree.He claims that the tree also belongs to him because a smidgen of the stump on the bottom of the tree grew on his part of the land.I want to take the tree down because it blocks part of my lakehouse view,he threatened to sue me if I have it cut down.He even hired a local company to mark his property line proving to me and himself that his fence is actually encroaching on my side of the property.I am going to use all the legal rights I have if he pursue his threat.I just want to make sure that I am within my rights to actually have my tree cut down if I want to. So how much of the tree has to be on my neighbors property line before it can be considered a boundary tree?
  5. In the state of Indiana both parents are required to give a 90 day notice of a move even if it's across the street or across town. My sons father has not done so, and my son informed me. They have had there home on the market ( this was told to me by my son for a year) so this is not a sudden move. He also told me that they are going to be living in a hotel for the next 6 months, so while my son is with them for the summer (6 weeks) and when he goes once a month for his weekend visit. He at 13, is going to be forced to sleep with his 6 year old sister (I feel this is inappropriate and do not trust that the step mother will not try and say my son did something to her daughter, a she has falsely accused another male child). With all of this at play, do I have to make my son visit? A weekend I could see, but 6 weeks in a hotel? I don't even know where it's at.
  6. I had my first son with an ex boyfriend ( dated for 9 years ), he is currently 13 yrs old. His father left and joined the military shortly after he was born and was never really apart of his life. He only came around when he felt like it ( which wasn't very often.) He married and had another child, which they are currently divorced now. He had also served 4 tours and was gone for over a year on each deployment. Has just recently started wanting to be around and involved more now that he isn't in the service anymore and we live in another state ( from Ohio. ) We just recently finished a court hearing from late December of 2016- to which the judge granted me with full custody and him visitations ( dates and times provided ) with the options of more time being allowed from the mother. He just recently spent all of spring break with him including both weekends and he will have him all summer ( which was only suppose to be 50/50 per judge's ruling, but court papers were filed incorrectly from his attorney. ) It has only been a month and now he is requesting him this week ( which isn't his scheduled time/ nor will he have his brother ) and my son is refusing to go. He has cried everyday straight for a week telling me he doesn't want to go and making up excuses/ lies not to go. Has cried to his dad whom then states, " in life we have to do things we don't want to. " " you better change your attitude. " " when you come over your going to be spanked and disciplined for being disrespectful." As a mother I can't send him not knowing what will happen when he is there 3 hrs away. HIs father is harassing me and threating contempt of court on me for not giving him what he wants. he doesn't think my child should have an opinion or be able to make his own decisions. As a child that grew up without a dad I know what he is feeling. He is 13 not 2 he knows that he hasn't been around and he is a teenager and wants to do his own thing with friends. He goes to school and knows that we live in the land of the free and have a right to freedom of speech and opinion without me saying a word. Wants to tell the judge that he doesn't want to go over there because my house is home. And that by court order he will be over there all summer with no time for our family/ friends. I feel stuck in the middle and don't know what to do, I'm torn and need advise. Would appreciate any feedback!
  7. My sister in law gets out of jail tomorrow and will be coming home on house arrest for a year. Since she is going to be placed on home detention are they legally allowed to drug test every adult living in the house.. I don't think they should be able to drug test me if im not the one on home detention
  8. Me and my husband have been together for 5 years. I have 2 daughters (ages 8 and 11)from a previous marriage. My daughters father has not been involved in there lives since my youngest was about 1 years old. From what i can find out from others he has moved to Europe with his wife. My husband is daddy to my daughters, and when me and my husband finally made the move to get married my daughters thought that their last name would change as well. I'm lost and not sure what to do. My husband is an illegal alien from mexico. Is he able to adopt my girls even though he is an illegal alien? I wasn't sure if i should do the adoption part first and than file is paperwork for his residency. thank you soo much for your input.
  9. I live in an apartment complex and am currently 3/4 of the way through with my lease. A few months back, when I was only 1/4 the way into my current lease, the apartment complex ran a fun promotion where we came in and re-signed for the next year and as a result, we would spin a wheel-of-fortune with prizes and win whatever it landed on. So I marched into the office, signed the lease for the next year, and spun that wheel. I won a Visa Gift Card and a Free Apartment Cleaning by a professional cleaning company. I was under the assumption I would be walking out of there that day with those prizes, especially the gift card, since I followed through on my end of the bargain and re-signed the lease. Instead, they advised me they would provide me these prizes once the "lease renewal goes into effect next year". That new lease goes into effect in August 2017, which is still almost 4 months from now and I did all of this 4 months prior to today (so yes, I signed almost 8 months in advance). I have literally NOTHING to show for this lease re-signing at this time other than a copy of the lease I signed itself. Just 24 pages of paper. So, in the past few months I have changed my mind and want to move elsewhere in the city. I am a bit disgruntled that I didn't receive anything for re-signing - that was the whole point. I fully intend to complete my current lease obligation. However, I do not want to stay after this lease is over anymore. I am fine with them keeping their gift card and cleaning service credit too. I briefly stopped by the office and told them I do not want to follow through on the renewal after this current lease is up. They told me that I signed a contract and I am legally bound to fulfill it and they are not willing to budge on their position. Game on now...? What, if any, legal options do I have to get out of that lease before it actually goes into effect... or did I royally screw up here? And what about the fact that they never gave me the gift card and cleaning service as I had originally expected..?
  10. My grandson was standing in the hallway waiting to go in the classroom, when his friend asked him for a pencil.After giving him the pencil his friend wrote KKK on a school poster. My grandson had no idea that his friend was going to do that. After investigating the school has given him a 10 day out of school suspension plus a recommendation for expulsion. The reason they gave was "any involvement in or reference to gangs. And for participating in defacing a public poster with racially motivated gang references".. My grandson is 12 yrs old,a AB student,,can they do that? He didn't know what the kid was going to do, he was an innocent bystander.I am his legal gaurdian
  11. My ex and I divorced a few months ago. Initially was in paperwork that we are to sell property immediately and split profits. She since changed her mind and is staying on the property. Can I force the sale without her signature if the divorce papers say we are both in agreement to sell? The home does have a mortgage.
  12. Not sure what to do... When my son was a minor he was in trouble with the law and was on probation. He is now 18 and one of his best friends has gotten into trouble and was placed on probation. He has gotten the same Probation Officer. Last night my son sent him a text message and his friend replied that he was no longer allowed to talk to him, do not text, call or ever contact him again. I then sent a message to the boy to find out what was going on because he is like one of my own and the PO told him he was to have no contact with my son because he had been on probation and had been in trouble with the law. Is this not illegal? Is this man allowed to discuss my sons' record with someone else? He was a minor is this not suppose to be sealed? Should I get a lawyer?
  13. About 5 months ago I agreed to puppy sit for a friend. The original agreement was that I would take care of the dog for the remainder of my lease at the time (2 months) and by then she would have her own place and be able to take the puppy. Since then I've grown attached to this puppy, I've fed him, loved him, cared for him, over the past 5 months. This woman has rarely come to visit the dog and would hardly take him to his vet visits, so finally I decided to start taking him myself. The puppy is now under my information at the vets office and microchipped in my name. Now that this "friend of mine" has her own place she wants to take the puppy, but I really would like to keep him. I'm wondering what I have to do to insure that I get to keep this puppy. I'm not sure if she has actual papers on the pup. Can someone help me?
  14. why would a persons charge date be different than the file/arrest date? she was arrested 1/21/2017 for conspiracy to COMMIT F2: DEALING IN METHAMPHETAMINE MANUFACTURE/DELIVER/FINANCE-10 OR MORE GRAMS but then on the court records it shows her charge date as 12/1/2016
  15. Hello! I'm a step mom in Indiana, whose husband has 50/50 custody of our kids, boy 6, girl 8. We have the kids every weekend, and then holidays per the Indiana guidelines. Recently their bio mom has let us know she's moving, but did not file with the court, and has only given us 30 days notice. Can she do this? I thought it was 90 days, with 60 for objection. In the past, she has let us know, but this is the first time we may be objecting. Can we object without a lawyer? She is moving in with her boyfriend and his 3 kids. (one is in college/only home on breaks). The home is listed as a two bedroom apartment (but is duplex style) Our daughter(8)is sharing a room with his teenage daughter, and our son (6) is sharing a space in the basement with his teenage son. From what I have read, for siblings - it's fine for them to share a room no matter of age. Is there anything pertaining to non-relations? These are not legally their siblings. Also, if it is a basement (no escape besides the stairs/no egress) is it legal for that to be where our son sleeps? He also doesn't have an actual bed, just a blow up mattress. We are concerned for their safety, as well as quality of life. 6 people in a 2 bedroom duplex is a lot. The boyfriend has his kids the same schedule our kids biomom has theirs - Aka mon-fri, so it's all 6 all the time.
  16. Several weeks ago, I was served a "proceedings supplemental" by the attorney who obtained default judgment against me in 2014. I learned that even though I fall below "exempt" levels in terms of assets and currently only have disability income, I MUST attend or be at risk for body attachment warrants being issued. I made the 100 mile round trip (with suspended driver's license) and met with the attorney, who seemed 1) displeased that I am not employed and 2) is adamant that I MUST agree to a "payment plan". I have seen mention of "filing exemptions with the Court" but there are never any explanations as to how this accomplished. At any rate, I was told I must now return in a couple weeks to go before the judge, who "won't accept" less than a $50/month payment agreement. The attorney insinuated that I'm not "too disabled" ... I SHOULD be working, to pay the attorney, apparently. And if I am not working, I need to dig into the disability money, despite the fact that it barely makes the monthly living expenses. I was told I can do this "the easy way or the hard way" and that I "like the hard way" and THAT is the reason I now have to go back to the court. I told the attorney I was left with numerous problems to deal with (on my own) when I was defrauded of settlement; this was after telling atty I had only disability income and believe my assets fall below the exemption level set for the state. I also explained that I am not willing to make a promise that I can't (be sure to) keep. So, I can now go to court again in about a week, tell the judge my "sob story" and the insinuation is that won't get me very far. 1) How are "exemptions" filed with the court? 2) Is there an automatic right to reassign a fee award (from divorce decree) based on sale of real estate to a personal judgment against me, when I took every action I could to avoid the default (of legitimate sale) engineered by ex, which was beyond my control, but which was predictable and preventable - had the attorney chosen an action besides "withdrawal from the case" (which also gave ex clear signal that the field was clear for action)? My insistence a timely motion to clarify/modify the decree was the reason for withdrawal. but it turns out I was correct; the silence and vagueness of the decree was used to defeat it, denying me equalization, dependent benefits ordered returned and ultimately, my personal possessions and those of our children. Based on the appraisal, ex could have received no more than about $10k and that only after the attorneys and I were paid. Instead, the intentional foreclosure and sheriff sale purchase (made by his brother) netted an instant $91k equity (plus, I am told, rental income, now). I was paid up to the time of the divorce hearing. The decree stated a "mutually agreeable" realtor be hired, but ex signed a one year contract with an agent "for show" and it's my understanding that judges can't interfere in private contracts. There was no mechanism to ensure the realtor was "agreeable" (and motivated). I was not on the mortgage or deed and it took me several months merely to get the information from the realtor, in order to petition the court for a change of realtor. By then, ex had allowed the house to go through foreclosure, intentionally. I was not even "allowed" a copy of the contract; I was denied settlement conference in the foreclosure and denied the opportunity to speak at the eviction hearing (small claims court). I'm being held responsible for the failure of a decree that I could see was quite flawed and in which I was not the only actor charged with performance. Any assistance or insight is appreciated. Thank you.
  17. A few weeks ago I was arrested for Domestic Battery after my girlfriend and I got into a physical altercation. I said something stupid and she punched me in the eye to which I reacted with physical violence. We were both intoxicated and I am not proud of how I reacted nor for what took place. This is very shameful and has made me aware of some very serious personal issues we both face. After the neighbors heard the fighting they called the police and of course they should up. The police then proceeded to misinform my girlfriend of the following things in what I can only assume was an attempt to paint me as shady individual in order to convince her to press charges against me... A. They said I was "involved" with an issue concerning a stolen trailer; Yes actually I was "involved" as I am the one who filed the report after noticing it was missing from work. As the supervisor that is my job. Something they did not specify. This is irrelevant. B. They told her I was part of a death investigation in 2007; Yes after discovering my father had passed away (after what was later determined to be a heart attack) on the couch a week after he passed I imagine I probably was part of an investigation. I'd be shocked if I wasn't. This is irrelevant. C. They told her I was involved in a child abuse investigation after a small child my then wife was babysitting accidentally fell down the stairs. 1st of all I was at work at the time and matter of fact was never was around the child even once as she watched her during times I was at work. 2nd of all I was never questioned or even spoke to police or anyone concerning the matter and lastly it was determined to be an accident. Again completely irrelevant. All these things were told to her in an effort (a successful one I might add) to illicit a response of yes when they asked her if she would be pressing charges. Furthermore (this same officer) informed her the following day that I was contacting my ex-wife from jail in efforts to get her to bail me out of jail which is completely and entirely false. My question is did the police do anything illegal here in misleading and misinforming my girlfriend of these things and if so is it enough to get this thrown out? Obviously lying isn't necessarily illegal isn't misleading a victim or witness grounds for dismissal?
  18. My pervious landlord has used my security deposit and is charging over $200 in fees for replacing the carpet in our apartment due to "pet smell". Yes we have a pet. However, my question is why did they not attempt cleaning to remove "pet smell"; they stated that it is up the maintenance's discretion whether or not they clean or replace the carpet. How is that right, they have no policy or procedure to make this determination, basically he just walked in said is smelled like a pet so replace the carpet. He cannot prove that the smell would not come out because they did not attempt cleaning! According to IN state law, landlords are not allowed to use the security deposit for typical wear and tear. Is pet smell, if the apartment complex allows pets, considered normal wear and tear? If not, are they obligated to first attempt a reasonable and financially responsible charge such as cleaning as the carpet had "pet smell"? There were no soiled spots and they have no pictures of damage because it was just "pet smell". Also, I paid a non-refundable pet deposit which the lease states is used for property damage cause by the pet. Well if this isn't wear and tear, would it then be considered pet damage to the property, so why can't they use that towards the cost? I would also like to point out that when I talked to the assistant property manager and asked what the pet deposit was used for, he said "nothing". I would like to take them to small claims, do I have a chance? And my final question, the over $200 fee is due in 2 weeks, if I do not pay it says they will take it to collections (although the office manager stated she wouldn't bring to collections as we are in the middle of disputing the charges, however I don't believe them and feel they will take it to claims anyways). If I file a small claims form are they allowed to still take it to collections? I obviously do not want them to do this, what would happen if I paid the cost so they can't take it to collections, can I still file with small claims even though I paid it? Thanks for any advice and feedback!
  19. So, my husband is an inmate in a facility in Indiana. We lived in Iowa when he was sentenced and we would somehow like to get him transferred to a facility here in Iowa so we are closer to him and can be more supportive. We have 3 kids and want him in the kids life as much as possible and it's hard to travel to Indiana every few months to visit. Does anyone know anything about Interstate Corrections Compact? I have done lots of research and I can only seem to find information on transferring states once you are on parole or probation. Help would be greatly appreciated. Thank you.i
  20. I created an artwork, which is registered as my copyright. A local newspaper photographed it and used it in the print edition of their paper, which is fair use. However, can I use a scanned copy of that photo on social media, or do I need to buy it from the newspaper? Is it fair use to use someone else's photo of your work?
  21. About 5 years ago I was married with 3 boys. What I didn't know was that while I was at work, my husband at the time was not watching my children. The neighbor lady called the CPS and had them taken. after a year of my ex not getting any better at taking care of them at visits, they told us we should give up guardianship to a family member so we wouldn't lose them to adoption. We signed over guardianship to my ex's cousin and his wife. About 2 months after that, my ex threatened my life and I filed for a divorce. I went and got my own place and asked for guardianship. The cousins told me I didn't make enough money to support 3 children. I then went and got my GED and enrolled in college to get a better job to support my kids. Meanwhile, I had financial difficulties and I couldn't go and see my kids for a few months. When I got more financially stable, I asked if i could see my kids and they told me no because I hadn't been much of a mother lately. I had tried to get a hold of them a couple times after that but they wouldn't return my calls or answer my letters. I graduate in December, and I just got a letter in the mail from their lawyer stating that they wanted to adopt my kids and wanted to know if I was ok with that. My question is, what should I do now? Should I answer them right away or should I wait until I graduate and go for custody instead? Should i write them a letter asking for visitation to show that I still want to see my kids or should I go to court to get visitation? I am terribly missing my kids and she won't even send me any pictures of them, but my ex has school pictures of them on his Facebook page, even though I know for a fact that he never visits them. Please help!
  22. Attorney-in-Fact of principal removed many, many valuable items from this person's home when they were dying in a nursing home. Spoke briefly with an attorney who stated there was nothing that could be done in this matter until time of appraisal of remaining items. So, none of items taken were returned and attorney-in-fact is now claiming all items she took was given to her a few years ago. We have pictures and videos to prove this otherwise. When pressed through attorney-in-fact's estate lawyer to see the poa that was given to her from the principal so the actions of such person could be reviewed, the response given was it was thrown away after principal's death. How can someone possibly get away with this?
  23. Hello I live in a trailer park .( please no trailer park jokes)... my son who is 17 was attacked by a 21 year old with a gun which turned out to be a bb gun they painted the tip) and machete and a hammer. the 21 year old was band from the park previously. my son who is 17 ended up whooping the boys butt. we did call the police and made a complaint . the park then turned around after I paid rent for this month and said that we had to move out. even though they have wrote on the notice to quit that my son was defending himself. they have givin us 30 days to move. if I move quietly in the 30 days they wont put the eviction on my "record" can they do this?
  24. Ok I got a divorce from my ex husband and it was finalized in November of 2008, the home that we lived in also with his mother I moved out of and did not contest him and her keeping the house. They were supposed to refinance the house to have my name removed off of the mortgage and all other paperwork relating to the house. Where things get a little screwy is that the house was in his mothers name and my name, his name was not on the mortgage, i want to say that it was somehow on the deed but not the mortgage. Now since 2008 the home has gone up for sheriff sale several times and all of them were stopped by her filing bankruptcy, then the bankruptcy would be over turned for non payment of the plan payments. What recourse do I have to get my name off of this it has shot my credit because of the late payments and all of that and her name is not in the decree to take him back for contempt of court. I am a stay at home mom and everything what my husband and I have are in his name because of the payments that they did not pay on the house as well as the foreclosures that were on the house. Please any help or advise would be great I feel like I have no recourse on this and that I am have not control over this situation and they have all of the power. Thank you
  25. My grandparents home is paid off. Both passed away. Before so they added my 2 uncles to their house deed. I was told this means the house is no longer considered part of their estate. As people pass away they fall off the deed thus not owning the house and being an asset. Is this True? After the last grandparent passed I was told not much would be left over to give descendants as grandma had health issues and was in a retirement home the last 4 years of her life. Meaning medical bills would be paid from the home selling. If indeed the uncles were added, then after my grandmother passed away they became owners of the home and any bills owed if any by my grandmother would not be paid by the uncles as she would no longer be an owner of the home. Thus her left behind bills could not hold her house being sold and its assets reliable for these bills. Is this correct? She had no affiliation to the home legally after passing. There was never a will put in probate despite being told I had a trust fund set up for me the day I was born by my grandparents and despite my father passing at age 21. I along with my sister would receive my fathers share they told me. So far going on 2 months of the house being sold I've received nothing. My one uncles daughter who cared for my grandparents lived in the house for nearl 12 years and Atleast 6 years after grandma was put in a retirement home and another 2 years after she passed. It was put on the market after she was told to move. It sold quickly. Paying only utilities in a 3 bedroom full basement huge lot great area resident. How can I find out if I am part of this in any way? I was told of a trust fund as I mentioned. Yet nobody has contacted me what so ever. I've never asked regarding anything about my grandparents will despite the house selling in June of 2016 and grandma passing in late 2010. I received nothing from my mothers family. It would be nice if my fathers family claimed us. In any capacity. I'm 57 years old and if a trust fund was set up the day I was born I'd think this could be a large monetary inheritance. What can I do?