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    [–] Joint custody questions: father and I have joint physical and legal custody but live 75 miles apart and it is not working though he does not want to change anything (Indiana) kdsuzy 3 points ago in legaladvice

    Have you been receiving child support? I’m not sure about Indiana, but in most states you’d be eligible for child support if there’s a wide discrepancy in incomes even if the child is shared 50/50.

    As for the school issue, you really need to file a motion to modify custody and have a court determine where the child will reside during the school week. You really really really should retain an attorney for this and do it ASAP. Getting a motion scheduled in family court can take a long time and some courts will require that you attempt mediation first. This has long-ranging consequences, and your ex has already displayed pretty controlling and shady behavior. Beg/borrow/sell whatever you can to scrape up the money for an attorney. It will be worth it in the long run.

    [–] Ultra-religious MiL making threatening noises (MI) kdsuzy 2 points ago in legaladvice

    Just make sure you address any health concerns your son may have as they arise. Make sure your house is relatively clean and safe for a child, keep sufficient food on hand at all times. If CPS shows up at your house, remain calm, invite them in to take a look around, and explain the situation with your MIL. That will likely be the end of it.

    [–] I’ve been subpoenaed and have no information for the case what are my options kdsuzy 3 points ago in legaladvice

    You didn’t state your location, but it sounds like a subpoena for a deposition, so the courthouse would have no information about it. You still have to go. You don’t know for sure that you have no useful information. Maybe they’re not expecting you to have details about the subject of the lawsuit. Maybe they just want general information about your workplace. You’ve been subpoenaed. You have to go. If you really want to challenge it, you can hire an attorney to file a motion to quash. Of course that will take a lot more time and money than simply showing up and answering some questions. If you don’t have any answers, they’ll let you leave. The attorneys don’t want to waste any more time than they have to, but they have a duty to their clients to fully examine whatever the claim is and that includes seeking information that may lead to discoverable/relevant information. The attorneys also have to pay for the court reporter who will be recording/stenographic typing everything, and they’re not cheap.

    [–] Girlfriend dumped me took a lot of money and destroyed my apartment kdsuzy 3 points ago in legaladvice

    A sheriff isn't an attorney. Law enforcement officers give people incorrect legal advice all the time. It all depends on who is on the lease and what the lease says about utilities.

    [–] My Mom wants to have cops interrogate me for possessing weed, I’m 15 [CA] kdsuzy 1 points ago in legaladvice

    That’s not hearsay. People can, and often do, get convicted of a crime based solely on one person’s testimony. Mom could testify that she observed OP possessing and that she confiscated the weed from OP. Hearsay is an out of court “statement.” So she wouldn’t be able to testify that OP told her where the weed was hidden, only that she found it in a particular location or that OP turned it over to her on a particular date.

    However, the statements of a defendant often fall outside the hearsay rule anyway. “Anything you say can and will be used against you.”

    Whether the cops/DA would bother to pursue this is totally at their discretion. It would be a delinquency charge, maybe even a petty misdemeanor. I know nothing about CA statutes regarding marijuana possession and minors.

    [–] AITA for thinking that my bridesmaid owes me for upstaging and ruining my 30k+ wedding?? kdsuzy 2 points ago in AmItheAsshole

    And Anna had no obligation to put her entire life on hold, i.e. marriage and pregnancy simply because you wanted to wait three years before getting married. That’s not “ambition,” it’s selfish as hell,

    [–] Boss just assumed I knew he meant to use hydrochloric acid on a bathroom sink. He also doesnt have any of the proper msds, or proper ppe for handling their specific concentration of the chemical. kdsuzy 5 points ago in legaladvice

    Minnesota has its own state OSHA program, MNOSHA, within the MN Dept of Labor and Industry. You can call them at 651-284-5050. MN safety/health rules are frequently more strict than federal OSHA standards. If your employer is requiring you to work with chemicals, they must have a Employee Right-to-Know Program. This includes training on how to safely use the chemicals, location (and how to interpret) SDS sheets, and personal protective equipment.

    It’s been a long time since I’ve had contact with them, but the way it used to work was that employee complaints were addressed pretty quickly. For an anonymous complaint, a letter is sent to the employer which may or may not result in a follow-up visit, depending on the employer’s response. If you provide your name when you make the complaint, they will send an investigator to the worksite with no warning to the employer. The investigator does NOT tell them who made the complaint (but they can sometimes figure it out on their own - especially smaller places). MNOSHA does have a program to address situations where employees feel they’re being retaliated against for submitting a complaint, but you have to contact them within 30 days IIRC of the retaliatory conduct.

    MNOSHA will, and has, cited churches for violating OSHA standards.

    [–] My husband and I entered a contract instead of getting a divorce. We entered a contract stating I couldn’t see other people (including brothers & best friends) and he will give me a place to live, money for expenses, and rights to see my kids. Can I break this contract? kdsuzy 232 points ago in legaladvice

    Are you sure it was a judge? That sounds highly suspect to me. Your husband may have convinced you he's smart, but by having you sign this "contract" and staying married, you are most likely entitled to 50% of any assets (including income) that he has accumulated during the time that you've been married. You really need to talk to a family law attorney to get a good understanding of your rights.

    [–] Possibly facing a Divorce, wondering what I can do about my pets, bonus, etc. kdsuzy 5 points ago in legaladvice

    She’s likely entitle to 50% of the bonus since it was earned during the marriage. Alimony is unlikely especially since you are both young, employed, and have been married less than a year.

    Liability for the debts will depend on whether they were incurred before or during the marriage. A lot of it can be negotiated with the help of a family law attorney. Because your assets are pretty minimal, you may even be able to just pay for an hour or two of consultation and file most of the paperwork yourselves if you think you can work together on the divorce. That would be the cheapest and least risky way to go about it.

    [–] My friend has a recording of him sexually assaulting a girl kdsuzy 16 points ago in legaladvice

    It’s next to impossible to get a search warrant based solely on an anonymous tip. The police could certainly go talk to the kids and try to get them to say something incriminating, but if the kids are smart, they’d likely keep their mouths shut and refuse to answer any questions. Then destroy as much evidence as they could.

    [–] Advice on court system.. kdsuzy 1 points ago in legaladvice

    Don’t lie in court. That’s your only responsibility here. Answer just the question that is asked. You don’t need to explain any of your answers. If an attorney wants you to provide more information after you give your answer, they will ask you another question.

    [–] Quite a dilemma. Please help. kdsuzy 2 points ago in legaladvice

    Don’t take legal advice from a cop. Sometimes they’re correct, but usually they’re wrong - especially when it comes to family law issues.

    [–] My girlfriend just blew a .01 and is facing her first dwi/dui (Iowa) kdsuzy 2 points ago in legaladvice

    Attorney’s fees are just one of the costs. She’s also looking at possible court fees, a significant fine, car insurance rates will go up, she will have to pay the cost of an ignition interlock device if that’s required; if she loses her license, it may be significant fees to the DMV to get it back.

    [–] I want out of my relationship, but I don't know if my girlfriend is pregnant. (FL) kdsuzy 1 points ago in legaladvice

    Keep in mind that if she is pregnant, you have exactly zero rights until after the baby is born. She does not have to tell you if she’s pregnant. She does not have to tell you when she has medical appointments. She does not have to tell you when she goes to the hospital. She can move out of state. You can sign up for your state’s adoption registry to get notification if she decides she wants to put the child up for adoption before you have established parental rights. You can file a paternity suit to be declared the legal father after the baby is born (if she is in fact pregnant).

    [–] Stalker believes I belong to him, and is threatening to kill my family. His arrest only made him more aggressive. Please help us. kdsuzy 6 points ago in legaladvice

    How about contacting your county’s social services department regarding a civil commitment? As you’ve already learned, until he actually hurts someone, the criminal system can only go so far in providing a consequence for his behavior. But this sounds like more of a mental health issue with the delusional/paranoid connections he’s created in his own mind. It sounds like his threats would create probable cause to believe he’s enough of a threat to himself or others to warrant a 72-hour hold that would include a psychological evaluation and potentially some psychiatric treatment that the criminal justice system can’t provide.

    [–] PA - (25m) My landlord is telling me I can't bring my lease when its up and I need advice on where to go from here. kdsuzy 2 points ago in legaladvice

    You can sue your roommate in small claims court to try and get whatever portion of your security deposit isn’t returned to you due to the roommate’s behavior. You’d have to prove that the damage was caused by your roommate and be able to connect the amount deducted from the security deposit to the damage. Your testimony alone CAN be sufficient proof, but it’s up to the judge whether it’s enough proof. If you have any documentation connecting the damage to your roommate, the likelihood of winning your case increases.

    [–] Kid steals from my property two times kdsuzy 5 points ago in legaladvice

    Ask the police how to issue a trespassing notice to this kid. Then if he comes on your property again (especially if it’s on video) he can be arrested for trespassing even if he doesn’t actually damage or steal anything.

    [–] Abusive ex-husband is suing me for joint custody of our 3 kids. kdsuzy 6 points ago in legaladvice

    Is your ex paying child support? If he’s already ordered to pay and isn’t, ask your attorney about pursuing enforcement. Failure to pay child support can cause a world of hurt that he may decide isn’t worth pursuing a relationship he’s already basically abandoned. It could convince him that voluntarily terminating his parental rights is the better option in the long run.

    If he’s not currently ordered to pay support, file a motion seeking it. Even if you don’t need it, if he pays you can put it in an account for the kids to access when they’re older. If he refuses, it’s just more evidence against him a year from now when you ask a court to terminate his parental rights.

    Don’t do any of this without talking over the pros/cons with your attorney.

    [–] [MI] Drunk driver with prior history and no license was using family members vehicle at the time he caused an accident. I will lose income because of this, how does that get compensated? kdsuzy 1 points ago in legaladvice

    Not familiar with MI law, but generally you can sue for economic damages - the issue will be whether you can recover. Could consult with a PI attorney - many will review your case for free and if it looks like there’s a potential for recovery, they’d take your case on a contingency basis (they take 25-33% of the proceeds).

    If the driver is being charged criminally, you could possibly seek restitution through the criminal case, but again not familiar with MI criminal law. If the prosecutor ‘s office has a victim/witness coordinator, you could ask them about procedures for recovering that way. Remember, though, it’s difficult to recover money from convicted criminals - they rarely have much of an income. Best option would be recovering through the car owner’s insurance company.

    [–] Sexual harassment at work. kdsuzy 2 points ago in legaladvice

    I would push it more. Let your boss know that his current behavior is bad enough on its own, and especially as a new employee, he’s probably still on his “best” behavior. Now that the company is aware of his comments and potential for sexual harassment (and maybe even assault) of minors, they could be sued for negligent retention if his behavior escalates.

    [–] [MI] Drunk driver with prior history and no license was using family members vehicle at the time he caused an accident. I will lose income because of this, how does that get compensated? kdsuzy 1 points ago in legaladvice

    Do you have a business insurance policy? If so, contact your adjuster to see what’s covered. They will go after the driver, his mother, his mother’s insurance company, etc, to recoup whatever they can. Check with your auto insurance company, too.

    [–] Recently Married, Mixed input on Pre-Marital property kdsuzy 1 points ago in legaladvice

    Best protection would be to get a professional appraisal ASAP. Regardless of who is on mortgage/deed, your wife would be entitled to 50% of any increase in the equity from the date of marriage to the date of divorce.

    For example, purchase price of house was $200k. You paid $60k over the past year to bring amount owed down to $140k. But maybe the value of your house has also gone up due to current real estate market. So you’d be able to sell the house for $240k. Which means the actual current equity in your house is $100k. Now you’re married. Over the next 10 years you make some improvements to the house, landscaping, remodel a bathroom, finish a basement, whatever. You’re also making mortgage payments as a couple - even if you decide one of you is not going to be employed outside the home, all income during those 10 years is joint income and a bunch of that is going toward mortgage payments. So amount remaining on mortgage has dropped to $80k, and market value of your home is now $300k. So total equity in the house 10 years after the wedding is $220k. $100k equity existed at time of marriage, so after 10 years of marriage you would equally split the remaining equity with $60k to each. You would get $160k and she would get $60k.

    [–] [TX] Child support increase has non-custodial parent going ballistic and I am worried kdsuzy 2 points ago in legaladvice

    Agree. Judges are generally aware that people who have been generally fine with the custody arrangement for 14 years until it looks like they’re going to have to pay more for child support aren’t actually concerned about whatever bs reason they try to come up with for why the kid should suddenly live with them. Judges know how child support is calculated.

    [–] sexually harassment at work kdsuzy 4 points ago in legaladvice

    You can’t do much about the language, but any time she gropes/touches someone, you can call the police and report it as an assault.