Thursday, March 26, 2015

1. I had my first child in 200 i was 14 and my 2nd child in 2002 i was 16.2. I was married to their father, but things went really bad. I wa...

Question

1. I had my first child in 200 i was 14 and my 2nd child in 2002 i was 16.

2. I was married to their father, but things went really bad. I was basically rescued one night it was really bad. I went somewhere with my children, the father called police, the place wasnt quite fit, it was a fixer upper and the police officer said that the children should go somewhere for a bit until i secured another place. My husbands brother and his fiancee offered for the kids to stay there until i did this. a few weeks went by and i had got a trailer but it still wasnt good enough, i couldnt tell you why i dont remember. But I went over to see my children and when i got there, my husband and his family along with someone from social services was sitting at the table and told me if i didnt sign temporary custody papers that my children would be placed in foster care. so i signed. now for a long time there wasnt visitation and then there was. feeling guilty and being told things like my son needs stability and seeing me only causes him to act out more. struggled alot with what am i suppose to. i did have another daughter in 2003 who is still with me, so apparently im a fit parent. These temporary custody papers, im not 16 anymore, im not a bad mom, i want my kids in my life, im so sick of being told i cant see them or talk to them without permission from her, the fiancee who isnt even the fiancee anymore. my kids are with this woman who isnt even family. Last time i went to see a lawyer he told me that i needed 1000 to start things. I dont have that laying around, i struggle bad. What can I do? any advice would be appreciated.



Answer

Its hard to say what you can do without knowing more about your situation. However, there is one thing that you can do for free that may help and that is do what you should have done back when you were 14 - that's grow up, get some education and start making good choices in your life. You may not be a bad mother especially now at 27ish but in a lot of ways you are worse than a bad mother - you are an irresponsible mother. You seem to believe you have done nothing wrong and these awful things have just happened to you as if you just have bad luck or something. You made a horribly wrong choice to have children while still a child yourself not once, not twice but three times and these awful things that have happened since are a direct result of your poor choices. Until you come to grips with that, start taking responsibility for your actions and start making good choices you will continue to go through life 'struggling bad'.



I live in VA, my husband stated he is leaving me. He stated I need to find a home for me and our daughter so he can sell the house. He is on...

Question

I live in VA, my husband stated he is leaving me. He stated I need to find a home for me and our daughter so he can sell the house. He is on the loan to the vehicle that I drive and when asked about that I get I don't know. He states he will be quitting his job and moving out of state. He has been 75% of the family income for over 12 years. we have been married for 21 plus years. What should I do and what can I do?



Answer

Get yourself a local attorney to represent you who has some experience with

handling domestic relations matters (including divorce) in the Commonwealth.



I was wondering how to approach a situation. My son and his ex had a child. The child is now 3. The mother seems to only want the child to g...

Question

I was wondering how to approach a situation. My son and his ex had a child. The child is now 3. The mother seems to only want the child to get money. The mom has turned down full time jobs to keep getting child support, food share, badger care, ect. The child also goes to my sons house with weird bruises (such as hand print/finger prints) and other neglectful/abuse related things. My son voiced his concern and got told he is being nit picky and accidents happen. We thought about offering her a large sum of money to just sign over her rights since all she wants is money. Is there a legal way to do this? It seems like people want to keep covering up for the mother because its always 'poor her' why is there still such a bais? The GAL said my son was to stable and needs to give his ex more assistance so she can be stable. Once again, shr keeps turning down full time jobs and just trying to live off others and the government. Is there anything I can do as a grandparent? Or anything my son can do? The GAL they just had was meeting with his ex behind his back and it seemed like she was acting as her lawyer so idk if the court will do anything because the gal is on her side.



Answer

If a GAL is currently appointed, there must be a support or custody case pending. I highly recommend that your son retain an experienced family lawyer. First of all, he could request full or majority custody and placement of the child. Second, if there is no reason that mother can't work, he can argue that she should either be required to apply for jobs and/or have his support reduced because she could earn income. If you are concerned about possible abuse, you can contact the county child protective service. The GAL may not be biased. It sounds like you and your son could benefit from a family attorney to present and advocate your arguments properly.



I took my truck into the dealer with an issue, explained the problem and they said I needed a new transmission. I paid for one ($3000+). I d...

Question

I took my truck into the dealer with an issue, explained the problem and they said I needed a new transmission. I paid for one ($3000+). I drove the truck twice and ended up having it towed back because I had the same issue. They diagnosed this as the distributor and want me to pay $700 more for that. I told them I wasn't going to pay because i had the same issue and the initial fix didn't solve the issue. And that my transmission was never the problem in the first place. Do I have a case if I need to take them to court over this?



Answer

Sounds like they owe you a refund! Tell them you want to pick up your old transmission. You should have an expert look into it.



Once marijuana becomes legal for recreational use in California, what kind of measures would one need to take ( as far as but not limited to...

Question

Once marijuana becomes legal for recreational use in California, what kind of measures would one need to take ( as far as but not limited to obtaining permits, licenses, etc.) in order to run a Marijuana Lounge for smoking and possibly night life? NOT a dispensary



Answer

This is basically un-knowable at least until recreational use is legalized, and even then, perhaps not for a few more months until the law is effectuated by the passage of state and local regulations designed to carry out the underlying law. Look, for example, at the myriad laws and regulations adopted to carry out the repeal of Prohibition.



Answer

Recreational use of marijuana might never become legal under California law, though it probably will. Assuming it does, the answers to your questions will depend on what the relevant statutes will say. Those laws have not been written yet, so we can't interpret them for you.

Bear in mind that the federal government still forbids possession, distribution, or use of marijuana. When state and federal laws conflict, the federal law trumps the state law. So even if California legalizes recreational marijuana, your proposed business would remain illegal unless and until federal law is changed.



Answer

If and when it ever happens, contact your local city or county Business license department as a starting point for a list of 'compliance' rules and regulations.

Don't ignore Mr. Hoffman's advisory. Federal law still applies to prohibited drugs, and there are many federal inmates serving years of prison time for simple possession, let alone sales. California government and many of its citizens live in a lovely delusional PC dream world where whatever they want becomes 'legal' or accepted, regardless of the facts or reality. If you do end up opening a drug establishment, feel free to contact if and when you get arrested by state or federal authorities. I'll help you deal with the 'realities' of the law then.



Does my divorce lawyer have to handle my QDRO or can any lawyer handle it? Also is there a time limit on handling/finalizing a QDRO?

Question

Does my divorce lawyer have to handle my QDRO or can any lawyer handle it? Also is there a time limit on handling/finalizing a QDRO?



Answer

There is no requirement that your lawyer must handle the QDRO--any lawyer may do so. There are no explicit time limitations in submitting or finalizing your QDRO. However, you may run into difficulty, or perhaps even be barred by the court, if there is a substantial delay that has an adverse impact on the other party or on the pension plan.



My boyfriend was accused of a crime by his former girlfriend (by her and over the phone and he had no idea the police were recording the con...

Question

My boyfriend was accused of a crime by his former girlfriend (by her and over the phone and he had no idea the police were recording the conversation). He denied the allegations. They lived together. She decided she was moving out.He decided he was moving out as well. 23 days later, he moved out toward the end of the month and decided to move back to Arizona, where his family resides and where he grew up. It took him a few days to move out. It was in broad daylight in her presence. (She moved out after.) The police never questioned him, never came to the house or to his business. He did not hide, was with family in Arizona, was in touch with his former girlfriend. 9 months later, a complaint was filed and a fugitive warrant was issued. His bail was 100,000 and then raised to 1,000,000, specifically for the reason stating that he fled investigation. When he moved, his 19 year old son had been on drugs, and he moved his son out of state with him to a nicer area and cheaper place. (It's not unusual for him to move. He lived in TX near his brother for a year 5 years previous.) When they broke up, he had no family and no reason to stay in California any longer. My boyfriend has never been charged with any crimes in the past. He has a clean record. If he did not contact the police and if they did not contact him, how is that fleeing an investigation? I know they can state fleeing prosecution, but how do you flee an investigation by the use of trickery? (They had been secretly recording him over a period of time, his conversations with his ex-girlfriend. )



Answer

As a Former Deputy District Attorney, with over 27 years of handling these types of cases, I have had 100's with a "Pre-Text Phone Call.". Your boyfriend needs a very experienced law firm, with experience with these types of issues. Call an attorney TODAY. Most criminal defense attorneys offer FREE consultations, so start calling. I wish you and your boyfriend well......David Wallin



Answer

These are all things he needs to be discussing with his criminal defense attorney, and not here on a public forum.