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Everything posted by pg1067

  1. pg1067

    seeing child

    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 If his visitation was revoked while he was in prison, then he needs to discuss with a local attorney how he can reinstate it.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.
  2. pg1067

    Parental rights

    Your post raises several question. First, where's the mother? I'm assuming it's the mother's mother who has custody. Second, if he signed away his rights, how is he being allowed visitation? Is it just something the grandmother is permitting informally? Third, when you say he asked to have his rights reinstated and "they" said no, who are "they"? And whom did he ask about having his rights reinstated? It's unfortunate you're boyfriend made a "stupid decision" when he was younger, but decisions have consequences. I'd be willing to bet that whatever he signed had some pretty strong warning language about the decision not being reversable, etc., etc. The law favors stability for children and isn't set up so that parents can go around changing their minds left and right whenever it suits them. That said, I'm not in FL, and I don't know if there's any means for him to reverse what he did. He needs to consult with a local family law attorney ASAP.
  3. You're putting the cart way before the horse in asking about a lawsuit. There's no viable lawsuit until/unless you're acquitted of all charges or charges are dropped. That said, one of the things you mentioned may allow you to beat the charges. The lack of Miranda warnings is irrelevant unless you made some incriminating statement while you were in custody and subject to interrogation. Since there was no warrant, the issue would be whether the cops had probable cause to take you into custody. We don't know that. You need a criminal defense attorney to advise you.
  4. pg1067

    rights to a child

    All fathers have rights with respect to their children upon paternity (which you obviously don't dispute) being established. Do you somehow think that mothers have superior rights as parents simply by virtue of their gender?! Your attacks on the father ring a little hollow. If he's such a bad guy, why did you choose to have sex with him without taking appropriate precautions against pregnancy?!
  5. I'm not in FL, but accountings are generally mandatory (regardless of who the executor is) unless waived by all beneficiaries (and possibly also the court).
  6. You say, "I want to leave my collection of antique toenail clippings to my friend Lothar, whose address is ____, Romania." It makes no difference at all where the beneficiaries live.
  7. I don't understand how your MIL's trust could be "governed by my mil's late mother." What does that mean? "The question is, there is no parenthetical language that describes "who that female issue is"" "Issue" means descendents. Thus, determining the "female issue" at any given time is quite simple. Of course, the living female issue will change over time, so the trust instrument should state the point in time at which the beneficiaries are to be determined. "we have a daughter" OK...she is a "female issue" of your husband's grandmother. "So... in absence of language stating what female issue can inherit, does my daughter have rights to this trust?" We have no possible way of knowing without reading the trust instrument. Apparently, your lawyer sister-in-law has read it and rendered her opinion, and that's far more reliable than anything anyone on any Internet message board can tell you.
  8. Possibly. Obviously, the only information a cop would have about your registration status would be the sticker on your license plate. If you had registered but had not yet put the new sticker on, then it was reasonable for the cop to pull you over, which probably makes everything else ok. On the other hand, if you had replaced the sticker, then there would appear to have been no basis to pull you over.
  9. pg1067

    Former Employer

    If it was truthful, yes, it's legal (unless you had some sort of confidentiality agreement with the former employer).
  10. pg1067

    survivors rights

    I'm not sure what you mean by "heir in joint tenancy" means. I think what you might be saying is that the deceased and some other person owned the house in joint tenancy. If that's the case, then the deceased person's interest in the house passes to the other joint tenant automatically, as a matter of law, upon death. The surviving spouse would effectively be a tenant.
  11. pg1067

    seat belts

    I doubt it's true. I couldn't find anything about it either.
  12. pg1067

    Bad baseball

    I agree with the prior response. Home runs and foul balls are part of the game. The owner/operator of the field would only be liable if he/she/it failed to take reasonable precautions under the circumstances. And, as the other response noted, it's patently obvious to anyone that parking next to a ball field carries SOME risk.
  13. pg1067

    What if you Quit

    You are entitled to be paid for the time you worked.
  14. pg1067

    Store Lost Photos--Help

    As a practical matter, you have no recourse. You could sue for the value of a roll of film, but it's not cost-effective to sue (even in small claims court) for an amount that could not possibly exceed $10-20.
  15. pg1067

    employer rights

    Your question about "rights" is beyond vague, and it's not clear what you want to know about the situation with the fire fighter. I can't imagine any hospital doesn't have an in-house lawyer or lawyer on retainer who could address whatever question you have.
  16. pg1067

    Vacation Pay

    Contact your unidentified state's department of employment/labor.
  17. I think what you're saying is that the employer overpaid an employee who overstated his/her hours on his/her timesheet. The employer certainly can sue the employee to recover any overpayment of wages.
  18. pg1067


    Ok...did you have a question?
  19. pg1067


    Yes, it's possible. Sometimes process servers make mistakes, and, if your spouse couldn't locate you after reasonable efforts to do so, the court could order service by publication, which rarely results in actual notice. You'd have to check the records at whatever courthouse is likely to have handled the matter (typically, the court in the county in which either or both of you reside).
  20. pg1067


    Depends on the laws of your unidentified state, but I doubt this constitutes grounds for an annulment under any state's laws. I would suggest googling "[name of your state] annulment grounds."
  21. pg1067


    "Is there a 5 minute time frame by california state law, till considered tardy?" I think what you're asking is whether being only 5 minutes late doesn't count as being late. If so, that's just silly. If you're late, you're late. CA law doesn't give you a grace period or something like that. "My job is counting 1 minute tardies as the same disiplinary action as though you called in sick?" I don't know what that means, and I can't imagine why me calling in sick would have any relevance to your job. Your employer is free to set its policies about being late or sick as it sees fit.
  22. pg1067

    personnel records

    No. There might be state laws, but you didn't identify your state. And, the union collective bargaining agreement may give union officials certain access to employee records under certain circumstances.
  23. pg1067


    Depends on the laws of your unidentified state.
  24. pg1067

    wrongful termination

    Of course. In the absence of an employment contract or a union collective bargaining agreement, an employer can fire an employee for almost any reason or for no reason at all.
  25. pg1067

    church events

    "I live in Florida and have a beautiful 11 year old young lady." Eleven year old females are girls, not ladies. I think what you're saying here is that you have an 11 year old daughter. "My question is do I have the right to tell him she has to be home in time for her function or do I just go along with switching weekends?" You can tell him anything you like. If the custody/visitation order says he gets visitation until X o'clock, then you don't have the ability to compel him to give up his visitation time.
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