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pg1067

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Posts posted by pg1067


  1. "He lives and hor and a half drive up north (three hours round trip) and still continues to pick up the children. I cannot afford the gas to drive up there anymore and am at a loss at what to do."

    Since dad "still continues to pick up the children," I'm not sure what the issue is with you paying for gas.

    "Can anyone help?"

    The only thing anyone on an Internet message board can do is provide information, but you haven't really asked a question or requested any information, and it's not clear what the problem is.


  2. With all due respect, the concept of legal custody covers important things, not trivial matters such as this one. Unless your divorce/custody order expressly covers this (and it would be truly bizarre if that were the case), it's permitted. Would you object if dad cut the kid's toenails? How is this any different?


  3. I disagree with the prior response that a parent cannot unilaterally relinquish parental rights. Indeed, it can be done. However, doing so will not relieve the person of his parental responsibilities (unless this is done in connection with someone else adopting the child).


  4. "How do we go about visitation?"

    I'm not sure I understand the question. Unless there's a restraining order in place, if you want to let mom visit, then let her visit.

    "And should she get visitation?"

    You don't really expect us to know whether, under some unknown state's laws, some unknown person should or should not get visitation, do you?


  5. "That does not sit very easy with me at all."

    Why?

    "What should I do?"

    You don't seriously want anonymous strangers on an Internet message board telling you what you "should" do, do you? Are you the primary custodial parent? If so, the Passport Office is going to require you to sign off on the passport. But do you really think it's worth creating a massive amount of animosity (or additional animosity) between you and your ex (and, possibly, your daughter) over something like this? Like it or not, he's going to be a part of your life at least until your son is 18, so it may be wise to pick and choose your battles. Agreeing to this may generate a huge amount of goodwill that may end up making your life easier for the next however many years. Do you really want to end up having your daughter bitter of your refusal to allow her to attend her father's wedding? Do you really want to be THAT mother? Just some things for you to consider.

    "Should I just withhold visitation"

    There are VERY few circumstances in which I would advise a client to commit an act that constitutes contempt of court, and your circumstances don't even come close.

    "He has threated to take her out of the country on me before."

    What, if anything, does your divorce/custody order say about out-of-state or out-of-country travel?

    "I understand all you need to obtain a passport is a birth certificate."

    Your understanding is incorrect. Check this link: http://travel.state.gov/passport/get/first/first_830.html.

    "Besides records like these in our state are a matter of public record."

    Again, you're mistaken. Passports are issued by the federal government, so it doesn't matter what state one lives in, and the records relating to passports are not publicly available (and I can't imagine why that would matter even if it were true).


  6. No person is precluded from having "sole custody" solely by virtue of being unmarried, but such orders are fairly uncommon and typically only result when the other parent is disinterested and/or unfit.


  7. "Are both my marriage to wife #2 legal in Nevada?"

    No. The first one was void because you were still married to someone else.

    "Currently I am divorcing wife #2 in California, now what do I need to do since I married her twice in Nevada? Or does the 2nd marriage to her supercedes or negates the 1st marriage?"

    Even if your first marriage to #2 had been valid, it wouldn't change anything. If you don't want to be married anymore, you get divorced.


  8. As long as the follow the rules set forth in the documents by which they were created, HOAs can pretty much enact whatever restrictions they want. That's why most people greatly dislike them -- often, a small minority of your neighbors get to tell you what you can and cannot do on and in your own property.


  9. Cops are never obligated to issue tickets. Apparently, if you don't go, you may be subject to arrest. Sounds like the other party to the accident may have said some things that made the cops think you did something criminal.


  10. The word is LIEN.

    I'm not quite what "I have a judgment in the future" means, but I'm guessing it means that someone has sued you will obtain a judgment at some point.

    If that's the case, then I would first submit that filing bankruptcy over a single debt is probably foolish. However, I'll assume you've consulted with a bankruptcy attorney who has advised you about filing. I'm also assuming that you have not yet filed and that you are intending to file under Ch. 7, and that there are no real bars to receiving a discharge. If I'm correct, then your obligation to this person will be forever wiped out. Until you file, however, if the person gets a judgment, he/she/it can put a judgment lien against any property you own.


  11. So...when the lawyer asked you the question how did you respond? I would think that, if you didn't understand what he was asking, you'd have asked him for an explanation.

    In any case, my response is premised on the assumption that this is a basic revocable trust that people typically establish to avoid their estates going through probate.

    Putting a trust into effect takes more than just preparing and signing the documents. One must "fund" the trust by putting assets into it. Unless a trust holds title to some asset, it is void. Since these sorts of trusts are often created by people who own real property, one would typically expect to see a deed transferring the person's house from "Jane Doe, an unmarried woman, to Jane Doe, Trustee of the Jane Doe Trust, Dated June 6, 2006" (or something like that).


  12. "Is there any Florida law that requires an employer to provide a voided copy of my direct deposit check at the bottom of my pay stub?"

    No, and your question doesn't make any sense. If your pay is direct-deposited, there is no check.

    "they say that they do not have ANY voided checks that prove my direct deposit."

    Why would you think a voided check would "prove" your direct deposit. A direct deposit is a computerized transaction, so the computer records would be the evidence that the direct deposit was made. What is causing you to ask these questions?

    "How can they not provide a voided direct deposit check like my last employer?"

    The "how can they" form of the question makes no sense. I don't know what your last employer did. Perhaps, for some inexplicablet reason, it created a paper check to correspond to your direct deposit. My pay stubs have something on the bottom that sort of looks like a check, but it's not. Perhaps you're just confused about what you were getting from your last employer.


  13. Depends on the laws of your unidentified state, and I don't know what a "copy of a walk-through" is. Most states require that a landlord who takes deductions from a tenant's security deposit simply has to provide an explanation for the deductions at the time of the refund of the balance of the deposit (or at the time the deposit otherwise would have been due if the entire deposit is being held). Again, whether he has to provide you with any backup in terms of photographs or whatever depends on your unidentified state's laws.


  14. Honestly, I'm not clear what you're asking about. If there's a court order giving him the right to visitation, then he's free to exercise that right. If his visitation was revoked while he was in prison, then he needs to discuss with a local attorney how he can reinstate it. When you're arguing on the side of a convicted criminal, personal attacks on the other side ring rather hollow.

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