Title: was there an update to the post where a wife posted a bunch of counts that her husband was facing?

Question:
I know the op posted in the best of legal advice thread as well but didn't see what happened after he went in front of a judge.

IIRC one of the charges was stalking with possession of a fire arm.

Answer: I don't have time to find a link right now, but yes she did. TL/DR was that he was definitely screwed and going upriver for a long time. She had made her peace with it and was trying to figure out her next step to move along with life for herself and her kids without him. Answer #2: did anyone ever find a news story on it or why he's being accused of that?


Title: Location is NYC- How will a divorce affect the status of an immigrant who married a US citizen.

Question:
[deleted]
Topic:
Immigration

Answer: Generally, so long as the marriage was legitimate to begin with and you have documentation of the happier times-- similar to stuff you would have gathered when you first got the card-- immigration is fine with it. Legit marriages sometimes end in divorce. Just be sure to save documentation of your married life in case they ask questions. Answer #2: Also the US Citizen spouse had to file an I-864 form, where the spouse basically promises to be sure that their spouse does not fall below the federal poverty level for ten years. Divorce does not cancel this obligation. A good immigration attorney can clarify this for your nephew.


Title: Speeding (26mph over the limit) in NJ. Pleading Not Guilty.

Question: [deleted]

Answer:
 You can expect to have to present an argument against any proof the prosecutor may have of your speeding violation. If only defense is "I REALLY don't think I was going that fast", it's probably not going to go too well.

Your best bet to keep it off your insurance is to try to negotiate a plea to unsafe operation ([NJSA 39:4-97.2](http://law.justia.com/codes/new-jersey/2009/title-39/section-39-4/39-4-97-2)). It won't be cheap (~$400) but it will prevent the insurance rate spike as it's not a point carrying offense.


Title: [az] after leaving a toxic relationship my ex is making demands and if not met they're threatening to send me an invoice, or take me to small claims court?

Question:
[Arizona]

Recently left a bad relationship. Been receiving multiple texts demanding for gifts that were given from her to me back, as well as gifts I had given to her back.

Yes. She wants gifts she gave to me back.

Yes. She wants gifts I gave to her back.

I went to pick up my property out of our rental unit the other day, and found a majority of my furniture to be thrown into the front yard, some of which damaged.
When I arrived their younger sibling was alone in the unit.
I was prompted with "I am a minor you cannot enter until an adult is here"
I am a leaseholder, they were an unattended minor.
I called the police to mediate.
After several minutes their mother showed up, and older sister (the ex).
Then the cops showed up and after they went in to speak with the family, I was able to retrieve my belongings.

A few days later, I receive texts demanding I return a gift they had given to me, and if I do not return it, they are going to send me an invoice for the value, and if goes unanswered, it will go to collections or they are going to take me to small claims court.
Then a few days later, I receive texts demanding that I return an item that I have to them.
Same deal, if not returned they'll add it to the invoice.

What legal grounds do they have to do any of this? To me it seems incredibly petty. Just trying to see if they're full of it.

Answer:
 They are full of it. Save any texts they send, but do not respond. If they sue, make sure you show up. Barring very specific circumstances, gifts are gifts and you are not obligated to return them. Move on with your life and leave the crazy behind you.Answer #2:
>To me it seems incredibly petty. Just trying to see if they're full of it.

Yeah, that sounds about right. I'd ignore them and block their number, if they want to go through the trouble of suing you over this, they can, but I don't see a judge letting this happen.


Title: Mother passed away. Brother drugged her and changed will.

Question: [deleted]

Answer:
 Don't even consider representing yourself in anything but small claims court.  Contact your state's bar to see if they can recommend one who will work on contingency.

EDIT: Wrong C word


Title: Is it a crime to evade the police if you don't know they are trying to pull you over?

Question:
Admittedly this is an unlikely scenario, but I started wondering after I saw a police car with its lights on stuck behind a train this morning.

Say, for example, a police officer sees you do something illegal while driving when they're a little ways back from you, with some other cars in between you. Then, before they catch up to you (so before it's clear that they are trying to pull you over and not someone else), you cross train tracks before a train comes through and they get stuck behind it. By the time the train passes, you're far away. Would that be considered a crime? If it depends, what would be the relevant factors? Thanks!

Answer:
 I mean you could absolutely be charged for it, whether or not you’re found guilty would depend on the judge.
I assume most would throw out the charge because the officer would have to prove you saw the officer and decided to flee, which good luck.


Title: Should I call the cops?

Question:
A phone number called me with my area code. Usually I dont answer but since I moved I answer calls with my area code incase it's someone I know. Its 1:40 a.m. so I figured maybe it's an emergency.

Me: Hello?
Them: Hey
Me: Who's this?
Them: Chris.
Me: Chris who?
Them: Does it matter?
Me: Yeah.
Them: I just wanted to hear your voice so I could beat my dick.

They called 3 times, the first I missed their call. The second, I couldn't understand him, and the third they called and we had the exchange above. It creeped me out since idk how they got my number. I'm kind of scared since I dont know who this is. Should I call the cops?
Topic:
Douche

Answer: Prank call is prank call.


Title: Custody evaluator's report is full of misinformation and is very biased. What can I do to fix it?

Question:
Throwaway for reasons.

I recently received a report from a child custody evaluator. Not only is it extremely biased, it's full of misinformation and quite a few mistakes. I told this to my lawyer who I have yet to meet with. It was suggested to me by a friend that I contact the evaluator and bring up my concerns. However I'm not sure it'll be enough for her to change her decision. But it'll hopefully clarify how I look to a judge. Also she didn't interview my child because she thought the child was too fragile, which isn't the case at all.

What can I do ?

Answer:
 Discuss this with your lawyer and for god's sake don't take legal advice from your friend if you have hired a specialist to provide said advice to you.Answer #2: You can follow your attorneys advice. Do not contact the evaluator unless and until your attorney tells you to do so  Answer #3: Do talk to your lawyer. Don’t contact the evaluator.

Do prepare yourself for the (strong) possibility that the evaluator is correct and you just don’t like the truth. Don’t reinforce whatever negative behavior the evaluator has identified.


Title: A Friend of mine is being forced to pay $300/Week or Give up their dog.

Question:
My friend lives in South Carolina, United States.
A friend of mine was recently contacted to inform as part of their lease that they cannot own specific dogs because they are "Dangerous". This includes Pitbulls, Bulldogs, German Shepherds, Boxers, Chows, Akitas Huskies, and Rottwielers. The dog is technically a mix of the 3 listed, but they have owned the dog for nearly 2 years without an issue in the same location. It recently just became up because a neighbor complained about it barking once. They are required to pay $300 a week or get rid of the dog they say. My friend is not a Redditor, so I am here to ask for advice on what can be done. Is there anything that can be done for this situation? My friend and their family cannot afford the $300/week, and the dog has become attached to them dearly In addition if the dog is given up they are afraid that it will not comply very willingly and end up becoming exactly what it is deemed by the lease. This might all be for nought, but I cannot sit idle as my friend loses their best friend. Thank you for taking your time to read this, and I hope that someone can help.

-If any additional Information is needed, let me know. I will be glad to provide it if it will help decide the situation.
Topic:
Landlord Tenant Housing

Answer:
 Clauses banning specific breeds are legal. If the language stating she can't have one of those breeds is in the lease that she originally signed, she is SOL.

Did she sign the lease and then sneak the dog in without informing the LL?


Title: I called the Texas Attorney General and made threats..

Question: [deleted]

Answer:
 The felonious kind. Get a lawyer ASAP.Answer #2: Get a lawyer immediately. Don't swear to elected officials. Get therapy to deal with your anger problems. Answer #3: Sec. 22.07.  TERRORISTIC THREAT.  (a)  A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:

(5)  place the public or a substantial group of the public in fear of serious bodily injury; or

(6)  influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

(e)  An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.

Yeah, if they took you seriously, DPS should be at your door soon.


Title: I'm married, is my husband goes solo on the mortgage do I have rights if marriage goes sour?

Question: [deleted]

Answer:
 Very likely you would have rights to it, depends on where you live.

The mortgage doesn't matter, it matters who is on the title, but in most places a marital home acquired during the marriage would be considered a marital asset and divided upon divorce whether or not both partners are on the title.


Title: Employees being taxed on contest prize (Georgia, US)

Question:
Boyfriend's work had a contest where whomever made the most sales would win a television (40-something inch, estimated at $700 range); three employees won TVs. This was in December or November. There were no stipulations on accepting the prize. However, on this current paycheck, each winning employee had $300 deducted from their pay to pay for "taxes" on the TV sets. Is this legal? If so, what laws can be cited that were broken?

Georgia, USA

Answer: prizes like that are taxed like income based on fair market value. did they deduct $300 in taxes for the television ALONE, or was it lumped in with the rest of the taxes that were deducted from that check?


Title: Can I bait someone into a self defense situation?

Question: [removed]

Answer: No jury would see that as self defense. That would be attempted murder, assault with a deadly weapon, just don't do it.


Title: (NY) Breaking a poorly written lease

Question:
I signed a lease at the beginning of May for a single room (living room remodeled into a bedroom) in a shared housing unit. When I moved into the room at the end of May, the landlord had added 2 sinks (with her idea that one of them could be used as a urinal?!) and ghetto-rigged a "closet" by putting insulation over one of the windows in an alcove and bolting a shelf to the insulation, without my knowledge or permission. She put in a new toilet upstairs improperly, which led to an incident causing water damage on some of my property I had stored in the basement (with toilet water). The roommate situation is absurd, she's literally adding a door from the outside to the basement as we speak, and I don't know what else this crazy landlady has planned, but I want out of the lease.

I'm trying to rent the room out myself on Craigslist, but if that doesn't work out I had another thought. She seems to have not put very much thought into the lease. Every other lease I've ever signed has a provision where the tenant becomes immediately responsible for the remainder of the whole lease if they miss a month's rent. This one doesn't. If I'm willing to lose the security deposit, could I just ditch on the lease without legal reprisal (ie being taken to court)? Pics to the lease are right here: http://imgur.com/a/8oipP

I'm kind of assuming this little loophole is too good to be true. I figure there are some sort of implied landlord's rights that will make me responsible for either replacing myself or paying the whole lease despite what the lease itself may say. I've called Housing, as well as LawNY and they just keep referring me back to each other. Any links to laws would be super appreciated.

EDIT: Grammar and clarity

Answer:
 That is not a loophole.  You are responsible for paying rent through the remainder of your lease.

That being said, you can simply tell her that you want to terminate early, get a full refund of your security deposit, or you will call code enforcement.  That will probably result in lease termination anyways,Answer #2: No New York attorney who actually has experience with leases is going to give you a professional opinion based on a sideways scan of *two selected pages* that you chose to post online.

Hire a lawyer for a consultation or look for a public service organization if you cannot afford one (e.g. NYLAG, MFY, etc.).


Title: [md] can i send a cease and desist letter to a neighborhood association (not hoa)

Question:
I live in PG county. My community has no HOA. There is however some neighborhood association. We do not belong to it.

In 2 opportunities they have send newsletters and letters talking about homes that need yard work. Mostly nasty letters nicely threatening people with reporting them to the county.

We are tired of this letters and nasty newsletters. Can we send them a cease and desist letter? We are not the only ones in our neighborhood getting this harassment. I just do not understand why they just do not call the county.

Answer: You can send a cease and desist if you want, but they're free to tell you your yard needs work if they want to.  They aren't breaking the law, and this doesn't constitute criminal harassment so the police/courts will not do anything.Answer #2: Write "Refused" on the unopened letters and put them in your outgoing mail.


Title: [NY] What are my legal obligations during a police home visit?

Question: [deleted]

Answer:
 NY has a stop and identify law, but in your case, it should not apply. You don't even have to answer the door if you don't want to. If you do, you can give basic information such as name and that you live there, but you are under no obligation to produce ID or go with him anywhere or even talk to him at all.Answer #2: This particular situation seems unrealistic because cops won't pursue something where no collision was involved or where there was no clear evidence that one person endangered the life of another.

You don't even have an obligation to answer the door. Unless the officer articulates they have a warrant, you don't have to open the door or let them enter. Statute 140.50 also protects you from frivolous questioning because the officer must articulate reasonable suspicion for a crime you have supposedly committed. Under that statute as well you are not obligated to provide photo identification. If the officer can articulate reasonable suspicion to detain you for a crime, you are only obligated to provide your name and address if asked.

http://law.justia.com/codes/new-york/2013/cpl/part-2/title-h/article-140/140.50


Title: Store owner accusing my dad of stealing $1100. Need help!

Question:
So my dad (who lives in Tampa, Florida) has worked 2 jobs over the past 4 years just to have enough money to pay for bills and such. His "main" job is that he works in the purchasing department at a high end gold resort and on the side he works at 7-11 (2 nights a week) just for the extra bit of cash.

Recently the 7-11 owner has accused him of stealing $1100, and saying that he is giving away free merchandise to random customers. The owner of the store is stating that he has transaction history papers showing transactions as no sale or as if they never happened and then if the customer paid in cash they would be given the appropriate change. He claims that this has been happening for the past 3-4 months and just now found out about it. However my dad's register has never been over or short on the monetary amount.

He is just claiming that the customers walk up to the counter, pretend to be rung up, and then leave the store. The cash register would open as if the transaction went through as well, the only other way to have the register open would be to complete a "no sale" which would show a receipt or to void the transaction which also shows a receipt. Once again though there is no legit proof of this happening. For some reason though the transaction papers show the transaction as not happening.

The weird part about all of this is that their is of course camera footage of everything happening. In the footage it clearly shows money going into the register from each transaction and my dad never taking any money out for himself, the owner wants to know "where the money is?" but it clearly shows him putting it in the drawer and never coming out. I believe that it could be a computer error?

Now the owner is demanding that he be paid the $1100 or he will send the police to arrest my dad and make him lose his main job as well as have a tarnished reputation. I'm trying to convince my dad to fight this accusation since their is no solid evidence of him stealing money from the drawer and that the papers of transaction history's must be incorrect. Can he be arrested just simply because the owner will call the cops on him and accuse him of stealing with no proof? He's also worried that his main job will hear of this and that he'll get fired just due to the accusation.

Once again the video shows only him putting the money into the drawer and him never taking any out, so where did the money go? I don't think that's his problem.

Any help will be much appreciated. I'm sorry if this post wasn't written the best and I hope it isn't too confusing to follow.

Answer:
 Your dad should NOT respond to extortion demands. If your dad is arrested and charged, he should get a lawyer.

How is it you or your dad knows the content of the videos? Is he still working there, did they fire him?

edit: if your dad pays him, he is basically admitting his guilt. Store owner could still file a report anyway, this is why he shouldn't pay, and should get a lawyer.Answer #2: >Can he be arrested just simply because the owner will call the cops on him and accuse him of stealing with no proof?

Sure. He can. Likely the police will investigate before arresting.

He should talk to an attorney if the police are called and investigate.


Title: Coyote stalking kids and pets in suburban area, animal control not doing much

Question:
This is in California.

Just in the past few weeks a coyote has wandered into our community playground and claimed it as it's hunting ground.

This thing is seriously desperate. We've seen it out at all hours of the day. People are posting videos of it literally chasing their small kids out of the park, numerous pets have gone missing.

The problem we're having is that animal control seems unwilling to do a thing about it. We've called a few times, our neighbors have all called... they keep giving us the run around and seem somewhat annoyed when we call. Like what is it going to take for them to do something? Is someone's kid going to have to get attacked?

Really annoyed because this is the same county agency that sends out 20 letters a week if your dog license is a week overdue but gets pissy at us when we call to tell them a coyote is chasing kids.

What I'm really worried about is some hothead taking matters into their own hand and start trying to shoot the thing themselves. This is a pretty dense housing community, we don't need a bunch of stray bullets flying about.

To be clear, this isn't out in the middle of the country, this is in a pretty built up part of town so we have to rely on the county to deal with this. It's sad the the animals are getting displaced, but it's still a predator.

Anything we can do, legally, to put pressure on animal control, city, county?

Answer: You may want to call fish and wildlife, animal control in cities doesn't normallt do anything about wild animals.


Title: (New Jersey) My father keeps trying to throw me, my mom, and my sister out of the house.

Question:
Hi, I'm 16 a year old boy, my mom is in her late 40's and my sister is 11. The story is a bit complicated.

     My mom and dad became separated but still married. (I'm not sure what it's called) We stayed at my aunts house for a few years and through those years he has invited us back and thrown us out. My mom still wants to make things work with him, so a few months ago he asked us to move back in with him and we did. Now he gets drunk almost every night, comes home, and tries to throw us out.

     My aunt has recently been diagnosed with cancer, so we now have nowhere else to stay. I go to school in another town but I've been staying here for the past few months. I don't know if that's going to be an issue because I'm graduating from high school in a few months and I don't want anything to happen.

     A couple of weeks ago my dad assaulted me, bruised and cut me. The wounds have since healed, he constantly threatens me and It scares me. He's a retired police officer and owns a hand gun. He had me  extremely afraid tonight and I just don't know what to do.

     We have nowhere to go, and I'm afraid he's going to ruin my chances to graduate, or hurt my mom or my younger sister.

     I'm very sorry about my rambling, I'm just very nervous right now and I need help.

Answer: Contact a local domestic abuse shelter. Your mother is suffering obvious emotional distress and trauma and is not capable of protecting and supporting you. She needs help and counseling. They can find a safe place for you to stay while things get sorted out. Don't waste time, this crap can impact you for the rest of your life. Good luck kiddo.


Title: Potential health hazards in apt - MA

Question:
Hi all,

What steps should I take to remedy this current situation, besides moving out (which I am looking into)?
If I call the local board of health, do we risk getting effectively kicked out?

Every morning, I wake up congested and feeling awful. Our apartment smells like mold. My roommate & I live on first floor directly above basement in a ~100 year old home. In the basement, there's standing water in puddles all around the dirt floor, cracks in the foundation through which you can see daylight, piles of rat shit, and yellow mold coating the rafters.

We got a dehumidifier for basement but stopped using it, due to us absorbing its substantial electrical costs.
Air purifier in apartment doesn't make any noticeable difference.

Asked landlord to fix mold problem, he firmly claimed he can't do that. Reason? Affordability.

Lived in apt for over a year and my health and general well-being has suffered.

My housemates upstairs (separate apt) have leaky, crumbling ceilings below the roof which they also asked him to fix and he also refused.

It's easy to say "just move out already" but please understand, most of us work full time yet can't afford other housing in our area (Greater Boston). Now we know why our apartment is so cheap, still, I believe we still deserve to live in good conditions.

Thanks for reading.

Answer:
 This type of thing is usually handled by either the local health department or the zoning office.  File complaints with both and see if they will do any enforcement.  In my area we have anti slum lord laws, they will inspect and cite the landlord.  However if it's bad enough they may condemn the place,  and you might have to leave.

Some states do allow tenants to withhold rent and make repairs.  This is a dicey legal move that can get you evicted if you do it wrong. IMO these repairs are beyond what an average tenant can handle.

Might be worth spending a little money to get an attorney to send the landlord a letter, outlining your options.  Reporting him and moving are probably the best things you can do.


Title: My landlord is trying to withhold $175 for window washing. Is this legal?

Question: My landlord is trying to withhold $175 for window washing despite window cleaning being listed as normal wear and tear and something a landlord cannot routinely charge a previous tenant in order to prepare for the next (California department of consumer affairs). When I explained this, she not only increased the amount to withhold, but demanded it immediately. I paid out of pocket for a professional cleaning service (over 130$)and have provided her with an itemized receipt of said services yet she still insists on withholding that amount from my deposit. Is this legal?

Answer: Take her to small claims


Title: Can a store legally reject me if I try to pay for something with pennies?

Question:
Topic:
Consumer Law

Answer: yesAnswer #2: Yes. They can decide they don't want you as a customer for virtually any reason except illegal discrimination.


Title: (Arizona) Worked as a graphic designer for a marketing firm in March. Compensation promised was $900. 3 months after completing project, I received my compensation check for $300. 1/3 of what was promised to me. I think I know what to do, but I'd like guidance before I take action.

Question:
I worked as a freelance graphic designer for a marketing firm back in late February - mid March. When I was given the job, the person setting all of this up told me that I'd be paid hourly at a rate of $25/hr. Then a week before starting I was told that I was misinformed and that my rate would actually be $15/hr. After reminding this person that the original agreed-to-rate was $25/hr, we negotiated to a rate of $20/hr. That's when work began.

I completed the first project. I was told that this was the only project that needed completion, and I impressed them all with my work. Going by my $20/hr rate, this project should have earned me somewhere barely shy of $900. While I was sketching my second project, I was then told that I had been misinformed again. I won't be paid by the hour, I would be paid by the project. I nearly quit right there, but I decided to try negotiating for something fair. I asked for a rate of $800 since their senior designers only make $1k per project, and this person told me that they'd fight for me and get $900. I figured this was okay and continued work on the second project. While working on this second project, I was then informed that this second project was only the second part of one project.

So my compensation wasn't going to be $1800 for two projects at about 80-90hrs, it was going to be $900 for a three-part project that would take about 115-130hrs. I was going to be earning at LEAST the equivalent of $7.80/hr instead of the original $25/hr that I was promised.

When I first got this job offer, I actually cried because of how excited I was. As an artist this was quite literally a dream come true.  Then once I was told the last promise I had been given was a lie for the third time, I realized that I was back at square one.
Well, I quit. I told them that I was done and I wouldn't be continuing any work. They had actually pressured me to quit because although they loved my work, they thought I was slow. I then submitted my two projects I had completed, but before I handed them my creative files, I asked if I'd be compensated. The girl I had been communicating through told me:

"Well, you were promised $900 but I think that they'll take issue with the fact that you didn't complete the project. So I'll let you know."

a week later:

"Okay so 'E' approved the compensation for the project you did."

I didn't ask for any further clarification because I figured the last amount discussed was the $900. So I was expecting the $900.

So 3 months later, after bugging them week after week only to be met with "We're busy but we'll get to it", I finally get my check. A check for $300. 1/3 of what I had been promised last.

I was never once informed that my compensation would be $300. I was never once informed that my compensation would be anything less than the $900 I was promised. I submitted my hourly log for them for their records. It shows I gave them 44 hours. I worked on a project for the equivalent of $6.81/hr when I was originally promised $25, then $20, then $900/project with one understanding and then again with a much different understanding.

Here are my issues again:

* Originally promised the equivalent of a $52k/yr salary.

* Then the equivalent $41k/yr salary.

* Then I was promised $1800 for two projects (implied $2700 for three)

* Then I was promised $900 for essentially three projects.

* I completed two projects.

* They made me wait 3 full months before compensation.

Finally received my check today for $300.

I signed a W-9 form, twice. Then I sent in a hours log. I never once signed anything beyond the W-9 forms. All of the mentioned promises were done over text messaging or emails. Anything promised in person was eventually reiterated over text message or email. I don't have much beyond that.

So my question is, Is this best pursuing in small claims? Should an investigation through the Department of Labor be enough? Should I consider consulting with an attorney? I want to take action against them, I just want to know what the best route would be to take.

Thanks so much for reading and I appreciate any input I could be given.

Answer:
 >Originally promised the equivalent of a $52k/yr salary.
>Then the equivalent $41k/yr salary.

Were you ever promised the hours to make the above true? Or just the hourly rate that would make that if you worked 40hr/week

If not a certified demand letter, labor complaint and if it's still not resolved small claims court seem appropriate.


Title: Need guidance, impulse buy on car

Question:
So Sunday, my husband and I went to look at cars to see how much it would cost to trade in our 2011 Kia Sorento for a new one. We test drove it, then bought the car, trading in our old one. Don’t get me wrong, I absolutely love our car but not sure if I will be screwed over.

We financed through the dealer (big mistake I know) and was approved for 4.5 APR on a 32k car. Our trade-in was valued at 9k but we owed 6k so it got added on to the new loan. With taxes and fees, our total was about 40k, which we got financed for. My credit at the moment is 680 but the dealer said it was around 710 when they checked. I asked the guy if they did any yo-yo scams as that was my biggest concern, he said no, but the contract says they have a right to cancel within 30 days and that I would owe N/A (meaning nothing). There is also no cooling off period.

Next day I noticed a big ooops in the contract, they put my income gross per month as 4999 and that I’ve worked at my job for 2 years. I currently make 3000 in gross but in 2 weeks I’d be making 4666 a month. Repeated calls to the dealer have been to no avail. Also where it sayd to sign to state that my income is accurate, I never signed. Nor the part below that has me agree that that info is correct. Only thing I signed was below it all where it says that I agree to the terms of this application. Not to mention that I had them throw in a window tint job (that’s in writing) and no appointment has been set.

I called Kia Motors Finance (among everywhere else I’ve had a hard inquiry on my credit) and they told me I’ve been approved but it’s on hold. I assume they are verifying everything before setting up the account. My trade-in hasn’t been paid off yet either but I am assuming they sold it.

I’ve tried one credit union and Wells Fargo but they will only approve me for up to 16k not 40k to finance my car as the dealer said I have up to 7 days to find my own financing if I want. I don’t know what to do, I’m afraid to get my car repo’d, trade-in sold, have to pay both cars and get stuck taking the bus. Where can I go to refinance my car? I don’t know what to do. I live in Miami, Florida btw and I’ve tried auto credit express but they only use Honda of Aventura. I’m a student who travels far to campus.

I’ve also saw through many reviews that Kia Motors Finance is terrible. Lost payments, repo’d cars, mixed up papers…the whole bit. Did I mess up horribly and about to learn a terrible lesson? Should I sell this car to CarMax and get a car through them and take a bigger hit? I love my car but 3 days in and I am afraid of what I’ve done..
Topic:
Other Civil Matters

Answer:
 If you can undo the deal do it. There is no Kia you should be financing $40k for.

A 2011 isn't that old, my car is an 08 and my wife's an 07. I make roughly twice what you do.

Obviously not legal advice though.Answer #2: $32k car with $3k in trade in equity ($29k net) and your loan is........$40,000???? 4.5% is a pretty shitty interest rate on a new car too. You could certainly do worse but many brands will finance at 0% or almost 0% on a new car.Answer #3: Toyota financed me at 0% for five years on a new RAV4 and I make less than you.  Take the car back!!


Title: Roommate's negligence leads to eviction and loss of all property

Question:
Very long story short.

I tried to tell this story with only the pertinent facts but I have included some that paint pictures of the characters.

The situation takes place in PA. One house was rented sometime before 10/14 by two girls, but only Jean was on the lease along with her dad.  Jean's dad did not live in the house with the two girls, Jean and Beth.

Around 7/15, Beth moved out.  It was believed by Jean that Beth had missed a few months of rent, but would make it up and continue paying rent (or so Jean said to roommate 3 to be introduced).

Sometime in 8/15 roommate three, Sally, was invited to move into the house.  The agreement between Sally and Jean was that they would split the rent. Because Sally had been staying at the house from time to time, she knew the gas had to be turned back on which was part of the move-in agreement.

Neither Beth or Sally were ever on the lease.  Because Jean stayed at her boyfriend's, the gas wasn't turned on even after multiple requests by Sally.  Sally was unable to bath or turn on the heat by the time the weather began to break.

On 11/19, Sally came home to an eviction notice posted on her door and locks that didn't fit her key.  When Jean was asked what was going on, she had no idea and claimed she would contact the landlord.  Jean continued to stay at her boyfriend's while Sally bounced around friends' houses.

Upon reviewing the court dockets found online, it was evident that since 10/14 only half of each month's rent was paid.  The landlord had also charged late fees for each month he was without the rent paid in full.  Roughly around July or August of 2015 the landlord filed the paperwork to begin the eviction process.  Multiple notices were sent to the house during this time.   The court dockets showed at one point during the summer, a male in the house had accepted the court papers and was officially served.

Two days after the eviction, Jean went on a week-long, international, family vacation which included her dad, who was on the lease.  Upon Jean's return she had claimed she still had no answers and the landlord was ignoring her.  Eventually she told Sally she would tell her father what had happened so that he could then make payment on the past due bill.

On 12/7, Sally drove by the house only to see bags of trash piled out front.  The bags contained both of the girls' possessions.  After going through the bags, mixed with both girls' things, a bag of Jean's mail was discovered containing opened letters from the courts and lawyers who decided to contact her after seeing the case was opened in the public records.  Other opened mail was found showing backed balances on all of the household utilities.  Jean was aware of the impending eviction. Clearly, the landlord had begun to empty the house and Jean had been lying to Sally and withholding the truth from her father. On 12/9, contact was made with Jean's father who was unaware of the current state of the house, the girl's living situation and his outstanding balance.

12/11 the father was able to get a hold of the landlord only to discover the house had been cleared out and all of the property inside was gone.  Feeling bad or responsible for what had happened because of his daughter's negligence, he offered to send a check to Sally for what had happened in efforts to pay for her loss of possessions, any rent she had paid to Jean, and any anguish experienced.

As of 12/11, the amount to ask for in unknown which is one of the reasons I write this.

What is the best step to take after this offer was made?  He is currently waiting for a numerical value to put on all of Sally's lost possessions so he can pay for it, if he deems it fair I'm assuming.

Mind you, he is a very successful scientist with major accomplishments in the medical field. I'd assume he's wealthy.

Is negotiating a good idea?  How high should she start?

How does one put a value to all of the lost memorabilia, pictures, and personal possessions that are considered priceless?

How does one price out a wardrobe that took over 6 years to build, a wardrobe that spanned half of a 18x12 foot bedroom?

What happens if he thinks the bottom-line fairest number in Sally's eyes is too high, refuses to pay, and things have to go to court?

Can Sally's lawyer's fees be covered by Jean's dad if he and his daughter are found responsible?

I'm on the outside of it all but am affected by what happened to Sally.  I'm on her side and would be very happy to see her come away ahead in this situation, if that is even possible.

I think the first number should be given by Jean's dad.  And personally I hope its equivalent to the average salary in America, $50k.  Perhaps it's high, but again, being homeless and having to couch surf during the holidays isn't fair.  The loss of everything is costly and painful.  Her world has been turned upside down as if she was hit by a natural disaster and she lost her home (even though she doesn't own it, it was what she returned to and had planned to return to until different plans were made).

I'm not sure if Jean's dad considers that number a drop in his bucket or thinks it would an absurd amount to pay in retribution for all of this.  Clearly his daughter is at fault.  Whether it was her or Beth who didn't pay their rents, or a combination of the two, or just Beth, Jean's name was on the lease and she was the one who was responsible for getting a check to the landlord every month.  The fact that she knew this was coming only makes it worse and her playing victim is bull.  Neither Sally or Jean's dad can get a hold of Jean.  Jean has also avoided calls from her friends and others, blocking Sally on social media.

What's the best recourse to take?  Who has experienced a similar situation and who can tell me the various outcomes Sally might experience depending on how this all plays out?

The friendship is obviously over.

Answer:
 He's not legally obligated to pay anything. Sounds like he's just trying to be nice. If she can come up with an itemized list of the actual lost property and its replacement value and he finds it reasonable and willing to pay she's lucky. Just because he has an income doesn't mean Sally is entitled to some windfall of cash. $50k? You have to be joking.

There will be no going to court. She has no legal claim to any money. Based on my interpretation Sally has the same culpability for the events as the other tenants.


Title: I was paid double for a couple of months and didn't know about it.

Question: The company I work for was paying me double for a couple of months and I was unaware of it. They want me to pay back most of it. I am just an intern that works twice a week. I have a car payment, credit card payment, and a phone payment. I don't know how much I can afford with this new payment they want. Do I have to pay this back to them?

Answer: Yes, you have to pay back any overpayments.  If you didn't know you got overpaid, and knew what you should be getting paid, shouldn't you have all of the money still available?


Title: My employer is transferring someone who has assaulted me into my section.

Question:
They know the full story & have seen photo evidence. Physically assaulted and threatened to cut my throat a year ago.

I decided not to seek legal action (it happened outside work) because we worked on separate floors of our building.

The person has now requested to transfer into my team and my managers have told me they don’t have the authority as per employment law to deny anyone a request to move to a certain team.

What are my rights regarding protesting this decision as an employee?

Answer:
 You can report your assault to the police and/or seek a protective order against that person.Answer #2: >I decided not to seek legal action

This puts the company in an awkward position. If they deny the transfer, they may be liable. Especially since this happened outside of work. How long ago did it happen?Answer #3: >The person has now requested to transfer into my team and my managers have told me they don’t have the authority as per employment law to deny anyone a request to move to a certain team.

I've never heard of such a right.Answer #4: Location?
Assuming you are in the US, the employers certainly do have the right to assign the person to whatever team they desire.  They do not have to allow a transfer to a particular team.Answer #5: If that law is true
You could always asked to be transferred as well. May not be ideal.


Title: I just got my first OVI...(Ohio)

Question:
I turned 18 less than 7 months ago and just last night I was arrested for operating a vehicle while impaired by thc-based substances. My arraignment is in three days. I received a parking ticket about a month ago. I did not submit to a urine test, so my license is automatically suspended for up to 1 year. There were 3 17 year olds in my car at the time of the arrest. One has been charged with possession of (thc) substances and paraphernalia. I know to simply walk in and plead guilty, but...
Should I definitely detoxify myself prior to my session?
What questions should I expect from the judge/magistrate?
What repercussions should I expect other than those of the notified charge?
Should I pursue a lesser suspension?
I won't be driving much for the next year so I am willing to admit myself, refusing any minimized suspension with a tone of shame... if that helps. I would rather not have to pay for and attend additional classes if I can avoid them.

Answer:
 Yeah no. No walking in and pleading guilty.

Did you actually mean

>I know to simply walk in and plead **not** guilty

?

Really your best bet is to get a lawyer. You will be looking at penalties almost certainly but those penalties can be made more manageable.

>Should I definitely detoxify myself prior to my session?

If you are asking if you will be drug tested at your arraignment, almost certainly not.


Title: [TX] Mom claiming me on Taxes. Don't want her to.

Question: [deleted]

Answer:
 Taxes are for 2016, so if you lived there for all of 2016, she can legally claim you.

The money isn't supposed to be spent on you, it's a refund of the taxes she paid.Answer #2: > I know the money is supposed to be spent on me,

That is not true at all.  The deduction and any refund if applicable are your mother's.

If you agreed to move out at 17 with your mom's permission, I am not sure what you want.  If you were kicked out against your will, call CPS.


Title: Firing a restaurant manager

Question: I am about to purchase a restaurant from someone. I don't mind keeping the wait staffs and the cooks, but I don't want to keep the manager that is currently working there. I want to hire a manager of my choice, do I just fire the current manager when I take over the restaurant? Are there any legal issues involved when it comes to firing the current manager? This is in Boston, MA.

Answer: Um... if you don't even know that much, you REALLY aren't ready to be running a business.


Title: Not Allowed to Divorce

Question: [deleted]

Answer:
 > she was told by a lawyer she was not allowed to divorce him because of her pregnancy, and that the state of Michigan doesn't allow divorces while the woman is pregnant

That's absolutely not true.


Title: My dad committed suicide while he was on a heavy (prescribed) dosage of many prescription drugs, among them Artane. There is evidence that artane causes suicidal tendencies in middle aged men. Do we have grounds to sue a pharmaceutical company or something?

Question:
Topic:
Medicine and Malpractice

Answer:
 I'm so sorry for your loss....

Medical malpractice is too fact specific for us to deal with here.  Contact an experienced lawyer in your area and get a consultation.


Title: I'm a divorced dad paying child support and I'm about to get a ~30% raise

Question: [deleted]

Answer: Are you legally obligated to pay an appropriate amount of your total income for the support and care of your own child? Yes. Yes you are.Answer #2: Yes, though your employer should notify the state automatically as well.


Title: [OH] ex FWB incorrectly telling people I assaulted her without using my name, can I get her to take it down?

Question:
I'm 18 and she 18.

I graduated high school this past summer and now in my freshman year of college. Over the summer I was snapping with a girl who was in my circle of friends in high school. We knew each other but weren't super close.

Over this past summer in between high school and college her messages to me went up 100x and we hung out a few times as friends. I'll be mega honest I knew she wanted to be more than friends but she was staying in our hometown and I was moving to college 45 minutes away and I didn't want any strings attached because I wanted to find a girlfriend here.

Finally I told her I would be down for a FWB deal but I didn't want to date. She said that was cool with her. We started sexting flirtubg etc and we meet at her mom's basement a day later with the goal of having sex. I get there and she says she's a virgin and she's been hoping to lose her virginity to me because she trusts me. She says she's had a crush on me since sophomore year, and that she would watch me and my ex go through the halls and was jealous of us. I was honestly creeped out but well the small brain was thinking and I knew I had sex on lock at that point.

We have sex and it was well not great but she said she liked it. Everything was cool for a few days. We have another opportunity to hook up and the sex goes better. But after this time she's totally clingy and texting me like we're dating. I knew she had gotten too attached so I cut her off and ignored her and she went nuts and overnight one night left like 100 voicemails saying she loves me, life is short so we should be together, she imagined us getting married, etc.

Realized I caused a bit of a problem here so I called her, said she knew the "rules" we were just hooking up as friends and it's really just distance that we weren't dating and she didn't like it but accepted it. We hung out a few more times as friends but nothing else physical happened. I move away to college in the dorms, everything good I figure.

Last night she posts this long thing to Instagram, her "MeToo" story I guess. She says she was also the victim of sexual assault. She basically describes what happened the first time in her mom's basement but her series of events is totally fucked. The physical acts are more or less accurately written but instead of us agreeing beforehand to be FWBs we were just friends just hanging out and I forced myself on her.

She doesn't use my name but says we were friends in high school, names what college I "ran away" to, and the type of small business my dad owns. ANYBODY who knows me would immediately recongize the story is about me.

I sent her a message on snap asking if the story was about me. She said yes. I asked her what the hell was wrong with her it didn't happen like that. She said may have left some things out but that story accurately describes how she felt after and that it was important to "share stories of sexual assault" or something. I said HOW IS IT SEXUAL ASSAULT WHEN WE AGREED TO BE FWB BEFOREHAND AND YOU SAID YOU WANTED TO LOSE YOUR VIRGINITY TO ME? She said she felt used and abused. She thinks she is a matyr and she's also legitimately crazy.

She said she wouldn't press charges or call the police because she knows it was consensual. I said THEN ADD THAT TO YOUR FUCKING STORY. I threatened to get my parents to sue her and she blocked me on everything. I tried reporting her Instagram story and idk I don't think they took it down.

Would it be worth it to tell my parents and see if a lawyer can do something? My dad owns a business and has a lawyer on retrainer so I don't think it would be that much to send a threatening letter although my parents will kill me. I am worried about this following me or maybe getting me kicked out of college. Only bad thing, her and I communicated in Snap so I have no proof where she admits her story isn't totally true. Thank you for your help.

Answer:
 >She said she wouldn't press charges or call the police because she knows it was consensual.

Preserve any evidence of that and any communications you had with her around the time of the alleged assault.

Do not talk about this to anyone without retaining and listening to a criminal defense attorney.

Most likely, nothing will happen... but if it does, preserving the evidence and having legal counsel will give you the best chance to avoid a conviction.


Title: I feel that my car was illegally searched.

Question:
I live in Texas and I was pulled over because the police officers read my license plate and found warrants in the system. I was arrested and the officers began searching my car. From what I understand is that they can search my vehicle without consent, but are only limited to "arms length." Also, they can search my vehicle if they have probable cause of any illegal substances in my car but I don't do drugs. I didn't have any smells or paraphernalia that would constitute probable cause.

They searched everywhere! They even broke my glove compartment, searched every pocket of my backpack, and even searched the trunk. All I learned in my CRIJ classes told me that this was wrong. Their reason for searching my vehicle was because they needed to provide a checklist for the towing company, but I thought the towing company did this themselves. I'm not sure if my warrant, being a traffic violation from their city, would void those search rights.

This search can be seen on the dash cam videos but would I be able to have that released to me? If so, how?

Am I right to see this as an offense against me? Should I file a complaint or do something more drastic?
Topic:
Traffic and Parking

Answer:
 >Their reason for searching my vehicle was because they needed to provide a checklist for the towing company, but I thought the towing company did this themselves.

No, the police do the inventory search.


Title: Car keyed at Wal-Mart, per Wal-Mart L.P. "happens all the time, cameras inside can read your text messages but outside can't read a license plate" cameras caught person and saw car drive past front of store

Question:
To me that's unacceptable. Their parking lot is private property. The camera sees the car drive past the front of the store. It sees the women key my car but can't read the license plate. The officer who wrote the report first thing she said was "this happens all the time here but the cameras suck" and their Loss Prevention guy said the same. My question is how many times does it take for this to happen before Wal-Mart should take some responsibility? They told me the inside cameras can read what you're texting on your phone but outside they suck.

Now I have to wait 10 days to get an actual police report and then maybe detectives can investigate by going to near by stores and reviewing footage.

I'm considering legal action as this is a multibillion dollar company and this happened on their private property where it appears similar things happen on a frequent basis. Shouldn't Wal-Mart be protecting customers on their private property?

Answer:
 Those cameras are for thier protection not yours.  They may or may not be willing to show any video to the police. They don't have to turn it over without a court order.

> My question is how many times does it take for this to happen before Wal-Mart should take some responsibility?

Infinity times.  They are not responsible for the actions of criminals.

>  They told me the inside cameras can read what you're texting

No they can't. Answer #2: You have no case against Walmart. They are not legally obligated to provide cameras for the customers. And they are not the one who keyed your vehicle


Title: One of my dogs was attacked yesterday afternoon outside my front door. What legal action can press against the owners of dogs who attacked mine?

Question:
Here's the story according to my neighbors and family.

My younger brother (who is 7) heard my dog crying bloody murder and opened the front door. He saw a male and a female husky attacking my dog, my brother screamed in terror and scared the dogs away. My dog ran inside and hid under my moms bed.  My girlfriend and mom both got her from under the bed and started to give her medical attention. She had deep lacerations on her stomach and neck and a couple of bites on her legs and arms. She also had he bottom teeth broken from trying to fight back.She is alive but is in shock and in pain, there is no doubt that she will live through this. For the meantime I am giving her infant ibuprofen and feeding her through a syringe.

Can I sue the owners of the huskies for medical bills if needed if they don't cooperate?

Edit: I live in Texas.

Edit 2: Questions why I haven't taken her to a vet. All vets in a 50 mile radius are closed when the attack happened and won't open until the morning. I also filed a police report but animal control couldn't go because they were closed at the time.

Answer:
 Take the owner of the huskies to small claims for the vet bills.

In the meantime? TAKE THE DOG TO THE VET! Motrin and babyfood isn't going to fix this.

Did you call animal control for the dogs on the loose?


Title: My HOA wants to fine me and take my car because it can’t fit in my garage. Advice? TL;DR at bottom.

Question:
Location: Mt. Pleasant, South Carolina

Background: I drive a 2010 Toyota FJ Cruiser and my mother drives a 2018 Toyota Prius. I am leaving for college in about a year, but for the time being we have two cars on our property. We live in a gated middle class neighborhood of condos and they have stupidly strict rules that prohibit people from doing basically anything to the outside of their house. You can’t even park in your own driveway because it makes the neighborhood look “trashy”.

So to start, the garage for our house has an exactly 16’ (4.88 meters) opening and it’s impossible to fit both of the cars inside the garage while maintaining the ability to safely enter and exit the vehicles, access our trash cans, etc. We had been parking one car in the garage and one car in the driveway (or on the street) for a while. The Home Owner’s Association started fining us but eventually stopped after we warned them that we were involving a lawyer, and everything was totally fine. On June 25, 2019, we received an email from the HOA that basically said that they are tired of us parking outside and said that they would fine our household $30 per day (which doesn’t sound like a lot, but it adds up) or tow my car if we continued to park a vehicle outside. They said that if there was a legitimate reason that both cars could not go in the garage, they needed that reason laid out in writing and presented to the HOA. I spent a day writing a really detailed letter that explained the details and dimensions of each car and why those dimensions prohibited us from putting both in the garage. Honestly, I was proud of the amount of detail I put in. Today, they rejected our defense.

Here comes the kicker: The HOA says that they want to inspect our garage. From what I know, the Home Owners Association only serves to make rules for the neighborhood, but they have no legal grounds to inspect my private property, especially not with the motive of taking my car. My mom says that it ultimately comes down to the rules go the township or something along those lines, but I just want to make sure that I don’t have to let anybody look at my garage. I’m pretty sure that if if they do have a right to come and look, they don’t have to see the inside.

If anybody knows anything about searches or inspections or housing rules, it would be really helpful if you could offer some advice. At this point, I’m just trying to save my car. Thank you for reading!

TL;DR- my car is too big and the HOA wants to fine me and take it. After denying an appeal, they want to inspect my garage but I don’t think they have any legal grounds to do so.
Topic:
Real Estate law

Answer:
 You should likely comply with the restrictive covenants and bylaws agreed to by virtue of purchasing the property.  Or become politically active in the association to see those rules changed.

Obviously you can check to ensure that the association has the right to make the rules and restrictions they have in the documents and in the law.  My association, for example, actually can’t enforce their rules about parking on the street because it’s a city street and not an association or homeowner owned property.  But beyond that, this is the nature of living in a property governed by an association.


Title: [CA] My fiance is about to accrue $200k of debt.

Question:
**Good news:** I'm marrying the love of my life in December 2018 and on January 2019 she'll be going to 4 years of Physical Therapy school to become a doctor!

**Bad news:** She's going to be around $200k worth of debt once it's all said and done.

**Questions:**

* Since we'll be married by then, is the debt going to be under my name too?
* What options do I have so it's not under my name?
* What advice would you give us before she goes to school, while she's in school, and after school?

Answer:
 I’m a California family law attorney.

Student loans are always that spouse’s separate property debt, even if acquired during marriage.Answer #2: No, you don't become liable for your partner's pre-existing debts upon marriage.  However, any assets acquired or income earned after the marriage are likely to be considered joint property, and may be subject to claim by your partner's creditors in satisfaction of the pre-marriage debt.

Generally speaking, your best course of action may be to take affirmative steps to keep your post-union assets and income separate.  If you buy any significant assets (house, car, etc.), consider putting them in your name alone.  Also, you'll probably want to keep separate bank accounts and not co-mingle your incomes.

Be sure to discuss all these things openly and honestly with each other, and whatever steps you do choose to take to keep your finances separate, be sure that (a) you both agree and understand what and why you're taking these steps, and (b) do them religiously; one misstep or comingling can start to unravel the financial separation.

Lastly, if you have any significant pre-marriage assets (trust fund, inheritance, valuable family heirloom) or expect a substantial post-marriage financial windfall (future inheritance, employment-related windfall, such as an IPO or similar) give some consideration to a pre-nup.Answer #3: Physical therapy training make you a physical therapist, not a doctor. Did she tell you she would be a doctor?

If she was going to get her PhD it would be more than four years.

Are you confused or did she tell you this?


Title: Who is legally responsible for me if I am incapacitated?

Question:
I am a 47 year old woman and live in NC. My dad died when I was 18 and my mom died a couple of weeks ago.

Even though my partner and I have been together for almost 20 years, I've never wanted to get married. We have 2 (under 18) kids and I have a 22 year old from a previous relationship.

I do not have a Medical POA or any type of paperwork to dictate who is responsible for me if I do become unable to make decisions for myself.

I also have a sister (35) who I absolutely do not want to make any decisions for me. I was thinking my oldest son would be responsible for me but I wasn't sure. I also wouldn't want to put that responsibility on him at such a young age if something were to happen.

Can someone advise who that decision would fall to in case of such a scenario? I know I need to get paperwork in order and my mom dying has brought this to my attention.

Answer: It would probably fall to your adult child – but as you said this is a wake up call so now that you’re thinking about this the first thing you should do is call a local estate planning attorney and get thus in order. Answer #2: Be kind to your child - talk to him about it, and then set up a formal POA for medical issues. Make sure you have all your wishes documented fully. What should he do if thing A happens? What should he do in case thing B? Don’t make him have to try to make decisions without your wishes being known, it is a perfect way to destroy an entire family if disagreements come.


Title: Im getting sued for crashing into someone who stopped at a traffic light the second it turned yellow.

Question:
Hey i need legal advice for something that happened 2 years ago. A 90 year old man stopped at a intersection the second the light turned yellow. I was about 15 yards behind him when this happned, in the moment i sped up when it was green to make the light and right when i turned yellow the gentleman stopped at the light. The ambulance was called and he went to the hospital. I told the officer the story and he cited me for careless not reckless driving and said the man will probably have to take a driving test again. The passenger the man was with even said that he’s very cautious of yellow lights. The man in the past has done this to another person and has sued them. Right now he is asking for alot of compensation from me and i just wondering whats the best course of action for this.
Topic:
Traffic and Parking

Answer:
 You should maintain a safe following distance, so the guy stopping in front of you, for any reason, should not cause you to crash (assuming he didn't cut you off or something). If he stopped for a yellow light, this is your fault.

As for what to do, tell your insurance company, that's what you pay them for, let them deal with it. Do whatever they tell you, and they will be the ones paying.


Title: I had a workplace injury and was fired a week later.

Question: A bunch of trays at work fell on my toe, and made it difficult to walk/work . My manager wanted me to go to the hospital, and make a claim for workers comp. I felt uncomfortable going to the docs trusting I'd heal up in a week, so I didn't go. I come to find out I've been terminated for missing work, even though I communicated I was hurt and needed a week off. My foot still hurts but I'm at least able to walk. What are my options?

Answer: Your manager wanted you to go to the hospital and make a claim but you refused. Had you documented the incident by following instructions then the work absence would have been a workers comp issue and you would have been protected.


Title: Will a legal immigrant face deportation if he/she commits felony in the US?

Question:
I read in the news that a Russian lawyer, who lives in New York, is charged with felony after suspicion of money laundering.

If convicted, will she be deported? Or does her deportation conflict with the Fourteenth Amendment of the US Constitution?
Topic:
Immigration

Answer: Just to expound on what /u/--RandomInternetGuy said, you can be a legal immigrant and not be a U.S. citizen. In fact there are a lot of legal immigrants who are not U.S. citizens because it's a fairly complicated and lengthy process to become a citizen of the United States. You can have your immigration status revoked by committing and/or being convicted of crimes.


Title: [VA] Apartment complex bans firearms

Question:
Good morning Reddit Legal Advice!

I'm getting ready to move into a brand new apartment complex in central Virginia and I noticed the lease has a clause prohibiting all firearms in the building. I'm a responsible gun owner and would like to keep a handgun safely stored in the apartment. This is a regular residential building, not on any government or federal land. A cursory internet search indicated that VA has laws prohibiting this type restriction but I could not find the actual law. I was also wondering what your thoughts are on challenging this clause before signing the lease or waiting for an issue to actually come up and dealing with it at that point.

Thank you so much for your help.

Answer:
 Virginia prohibits lease clauses forbidding lawful firearm possession for *public* housing.

Landlords of private housing (e.g., private property apartment complexes) are free to prohibit firearms.

[https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/](https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/)

55.248.9 (6)

You're free to negotiate the removal of that clause from the lease before agreeing and signing.  They're free to refuse to negotiate on that clause.Answer #2: I suggest you contact the VCDL - www.vcdl.org

They can provide you with clarification on the specific laws.


Title: Android app removed from Google Play due to wrong DMCA notice

Question:
Hi there, 3 years ago I created free app Radio Online for listening user's radio stations. Everyone can add own internet radio (link to stream) and share it for all users. But one week ago I got email ' Google Play DMCA Notice ', that my application, Radio Online, with package ID com.alexso.internetradio, has been removed from Google Play.
REASON FOR SUSPENSION: Alleged copyright infringement (according to the terms of the Digital Millennium Copyright Act).

Some company that holds exclusive broadcast license for some Haitian and Indian radio stations complained To Google about my app. In DMCA complaint that company said that I can't use some stream urls in my app. But my app contains stations with similar names from complaint and does't contain urls from complaint at all. I talked to manager from that company who filled DMCA form in Google and she confirmed that just sent DMCA notices about all popular radio applications. And she didn't pay much attention to what exactly urls in my app. And she can't help me because there is no mechanism in Google for withdrawing DMCA notice.

I appealed it, but received email "at this time, Google has decided not to take action".

Who had the same situation? What shall I do?

Answer: You have no right to have your app on the Google app store. This is not a legal issue. It is a customer service issue. If you can't sort it out with Google Play, it won't go back up.


Title: I called someone a racist, and now they want to litigate for damages.

Question: I called someone, who has a pretty successful business, a racist via a Facebook thread. He wants to file to collect damages as “outing” him has hurt his small business. How do I defend this? Is this even defendable?

Answer:
 "Litigate for what" would be my question.

Whether someone is a racist is an opinion.  Saying that you "outed" him implies he actually is a racist, in which case, I have even less of any idea what he would sue you for.


Title: I Was Banned from a Video Game I have spent over $100 over the last month for using a "bot" when I have NEVER used one at all.

Question:
I am going to leave the game's name out of it to simply get advice.

I have been playing this game for a couple of years on and off.  Recently, this game released a new server to play on and I was very excited and started playing again (this was back in June and this is in the US in the state of NJ).

I have actively played the game since then as a normal player and have not had any problems whatsoever.  Over this 6 month span, I spent $150 on this game.

Soooo fast forward to 10/14/2017, I try to log into this game and it informs me my account was banned for "botting", which they claim is using software of some kind to enhance the gameplay.

I can 100% promise I have never at any point looked for, talked about or used a bot/program to bot in this game. I have literally never even considered it because I have spent money on the game and made some great friends I did not want to risk over something so stupid.

When I sent my appeal in, they requested information on the bot I had used.  I informed them that I do not use bots and I have never used bots and I can provide any file or information they want to prove otherwise.

Well they came back and denied the appeal with no context whatsoever that stated my ban is not overturned.

Honestly at this point, I don't know what else to do.  Everyone I try to talk to from the game or their subreddit just assumes I am lying because they did not overturn it.  I feel like I am just getting screwed over completely and losing my entire account/money spent for no reason and I can't do anything about it.

I tried sending in a 2nd appeal, but have not heard a response yet.

I assume there isn't anything I can do, this is just a really crappy situation :(

Answer: Look through the game's EULA/TOS agreements and see if you have any contractual remedies (I would assume no). Without knowing more, there's likely nothing you can do.


Title: My employer said that my hair is too short for a girl, so she is making me wear a hat

Question: [deleted]

Answer:
 Everyone who handles food, including the girl with the long hair, and yep, even you, should be wearing either a hairnet or hat.Answer #2: Edit: For clarification,  I just cut it 2 weeks ago.
I had long hair then cut it short the buzzed it .
I live in southern California. Orange County to be exactAnswer #3: I don't see a problem with an employer requiring a normal hairstyle. It seems like they are making an exception by allowing you to wear a hat. I would probably look for a new job if it bothers you that much. I don't see you winning a discrimination suit. You can report it to the EEOC I suppose.Answer #4: The only endgame here is that either you don't need to wear a hat any longer, or the other girl has to. Imo it's not worth fighting your employer in court, and making them hate you anyway. just wear the hat.


Title: Can anything be done about the man that abused me and raped ms and kept me as his Sex slave for a year. This happened 7 years ago i later found out i was not his first victim.

Question:
I left without prosecuting because he would put a gun to my head  periodically I was afraid for my life. I fled to another state with the help of mg mom.

I have some pictures of my bruises. His parents witnessed all his abuse towards ms. Also one time when I was at my dorm he threatened to come kill me and everyone at the school I called   the cops and filed a police report about it. They didn't do anything except give him a psych Eval and let him go tho.

I have tons of our MSN conversations where he completely ruins me psychologically. . I think I even have a screenshot of him on webcam with a gun to his head saying if I broke uP with him he'd kill himself. (This was from during the long distance portion of our relationship)

The biggest thing is I can't seem to stop thinking of what he's currently doing to new victims. Poor women that have no idea. Its my fault I should have reported him. .

Is there anything I can do or have too many years passed. ???

I appreciate any insight you guys can give me. This is just eating and up alive.

Answer: You can always make a report to the police in the area where this happened.  They'll determine if there's proper cause to have charges filed.


Title: [NY] New Tenants stole my $100 modem and refusing to return it. Do I have any recourse?

Question:
[Troy, NY] I have been trying to contact them through my landlord within 5 days of moving out but they did not reply to me. I continued to do so as well as standing outside of my old house twice, for half an hour each time, knocking at the door waiting for someone to answer.

The third time today I finally caught one of them entering the house and I ran up to them and told them that I'm the previous tenant who lived here and asked him if there is a modem in the living room top shelf.

He immediately had a guilty look on his face and after a little deliberation said that his roommate threw it out. I asked him to allow me to enter the living room and do a check and he immediately got really angry that I disbelieved him. He refused very angrily and when I asked him why, and he said because this is his house and he doesn't want me to come in.

I felt suspicious but I accepted it and started to walk away. I checked my phone (on 1% charge at that point) to look at the time and I saw that my phone had a wifi signal. I immediately tried to go to settings to take a screenshot but my phone shut down.

I went back to my house and got my other phone (as well as put some charge on my dead phone to turn it on) and came back an hour later but upon arriving the wifi signal was no longer there on either phone. They either changed the name of the wifi or they disconnected it.

My modem/router is worth around $100 and I would have let it go but at this point I feel the need to act upon it on principle because that guy lied to my face like that.

Who can I contact regarding it? If the police agree to search the house, what if they throw the modem away by that point?

Any help would be highly appreciated.

P.S. The landlord is a good guy and he might have missed the modem during inspection before handing the apartment over to the new tenants. I don't want him to be on the hook for this.

Answer:
 Technically, you either abandoned the modem, or lost it.  They didn't steal it.

NY has a $20 threshold on reporting lost property to the police, which these guys obviously didn't do.  And they didn't give it back when requested, though you're going to have a hard time proving that they hadn't actually thrown it away.  I can pretty much guarantee that the police aren't going to search his apartment - if nothing else, you'd have to get a search warrant first, which leads to the point:

Ultimately, if you want it back, you have to sue them.  It's up to you to decide how much trouble and money your revenge is worth over a modem.


Title: My lawyer is taking an infinite amount of time and demanding more money, what should I do?

Question: [deleted]

Answer: If you are concerns about how much time it is taking ask for an accounting of the time and costs.


Title: [NE] New construction home has water coming into basement during rains. Builder was aware but didn't disclose.

Question:
My wife and I purchased a spec house back in May. We bought the house as is, and the first weekend after closing we had a good amount of water, about 50 gallons, come into the basement. The water leaks in when the window wells fill up too much, which happens every rain. The builder has been helpful in providing advice, and lending us pumps to put in the window wells which automatically pump the water out when it reaches a certain point.

We were unsure if we should pursue legal action, it didn't seem intentional, and we didn't want to make a fuss about it. However, we just learned those pumps were in the window wells up until they day they showed us the house, and neighbors who talked to the builder heard him say multiple times he was having trouble keeping water out of the basement. So it seems like the builder was very aware of the issues, and didn't disclose them in the purchase agreement.

To make things worse, the land owner was also the realtor on the transaction, and is a family member of the builder.

Was the builder / land owner legally required to disclose the water problems? Is there standardized process my wife and I can go through to seek repayment for the work we're having to do on the house? Is this something the builder / realtor could lose a license over?

Topic:
Real Estate law

Answer: You need to sit down with a real estate attorney. This could be potentially tens of thousands to fix correctly.Answer #2: In addition to a real estate attorney, you're probably going to want to hire a licensed civil engineer to take a look at your basement and design a fix to stop the flooding. 50 gallons is quite a bit of water to be dealing with and it's bound to happen again.


Title: (Ohio) my 40 year old cousin threatened to kill my 13 year old niece over text and messaging...

Question: I've never posted here before, but my 40 year old cousin clearly threatened to kill my 13 year old niece and there is an abundance of evidence. The local police department said it was considered telecommunications harassment and they will not do anything about it. Is threatening to kill someone multiple times over FB messenger and text really just harassment? I don't know what other information I need to provide for advice on this. I am open to questions and I will provide as much data as possible. Thank you in advance!

Answer:
 Contact your District Attorney or State Attorney General's office. Often you can file a private criminal complaint, basically bypassing the police department. Answer #2: Assuming you're in the same area/jurisdiction as your niece, I'd physically go down to the local precinct with copies of the messages, and file a report.  If you get brushed off at the desk, ask for a supervising officer.  It's a lot harder to brush you off when you're there in person raising a stink.Answer #3: You can report it to the police.  You can NOT force the police to take any given action as a result.

Her parents can file for a restraining order on her behalf as well.


Title: [California] Recently Hired to Replace Employee Who Took a Leave, Now Employee is Coming Back... and my new Job is Being Taken Away From Me and Given Back to Employee who Took Leave. Please help.

Question:
Hi Reddit!

Here is the situation:

I left my great paying job at Company A, for a lesser paying job at Company B doing something that I really love. I have been working at Company B for the last three weeks and have been absolutely loving it. I was hired at Company B to replace an employee (let's call her Anne) who took a leave. The reasons were not disclosed to me why she took a leave, but I was assured on multiple occasions by my new boss that I have nothing to worry about and my new job is absolutely secure.

My boss called me into her office today and told me her Attorney told her that she cannot hire Anne back in another position except for the one she last had (aka my new job). My boss was apologetic and told me that she could relocate me into a different role in the company doing something I really have no interest in (what I was doing at Company A). I feel I am being screwed over here and have done nothing wrong to be demoted just because my boss made a mistake that she now just learned about according to her Attorney.

My question- is my boss acting outside of the law? What would you guys do in my situation? Please help!!!

Answer:
 If you're in a union, talk to your union representative.

If you have an employment contract controlling termination, talk to an attorney about enforcing it.

Otherwise, California's an at-will jurisdiction. You can be fired for nearly any cause, or even without cause, at any time, same as you can quit without notice. File for unemployment and look for another job.Answer #2: > and my new job is absolutely secure.

Life advice. Nobody's job is "absolutely secure". The vast majority of Americans could walk into work tomorrow and be fired with no warning and for no reason. So any assurance your job is secure you have to take with a grain of salt.


Title: Wife’s employer is making it mandatory that she see a psychiatrist for ADHD. Can they do this?

Question:
Will try to make it short. On mobile.

Wife is a resident doctor and nearing the end of residency. She has diagnosed ADHD and has taken medication for many years.

Now I’m not by any means saying that my wife hasn’t ever done anything wrong at work, but lately there’s been some incidents that she’s been involved in that have resulted in what seems like unfair treatment. Not going into details, but coworkers do much worse (like nearly killing a patient!)and nothing happens while my wife gets raked over the coals for little shit. At first I thought she was making excuses, but know I’m not so sure. She has a personality that can come off as annoying to some for sure, but she is never one to gossip or start problems and is definitely a hard worker

Last week while on a hell rotation, she over looked a lab result in her inbox. It was nothing life threatening, but she got grilled for it. she was told that her employer is considering discipline that could require her to take a month of medical leave and require her to see a psychiatrist to get her ADHD under control. My wife has been looking for psychiatrists that are in-network with our insurance (which is pretty damn good insurance) and isn’t having much luck. Also, she hasn’t been able to find any openings in the near future, most availability 3-5 months out.

Is this something that her employer has the right to do? I’m starting to think she’s being singled out because of personal reasons. She’s too afraid to try to fight it though.

Topic:
Employment Law

Answer: How did your wife's employer come to know of or be involved in her disability?  Did she request a reasonable accommodation from them or try to use it as an excuse for her performance?


Title: Bail amount 4000% of original fine for a fail to appear...what should I do?

Question:
I pretty much screwed up here. Los Angeles, CA.

Basically back in Jan I got pulled over for a rear brake light being broken. Got a 25$ fix it ticket and needed to go to the station/court to prove I fixed it.

Before the deadline I go online and file for an extension. It never said what the result was but it was pending, which I tohught meant that it would pass through later on.

I forget to fix my lights and forget about the 'pending' and do not know if it did. Regardless, it has been some time since then and I probably just failed to appear after the extension. My fault.

I have this letter now from the LA superior court saying DMV has put a hold on my license because I failed to appear on the citation. I have 2 options, 1) pay the citation (889$...) or 2)schedule a court date.

It also says that a civil assessment fine of 300$ was added to the bail amount. If full payment is received within 10 calendar days from the actoin date (will be Jun 5) then I can deduct the 300$.

How did 25 go to 889, even with a deductible 300, whihc makes it 589?

Is there any way to get it reduced even lower?

I am definnitely getting my light taken care of immediately. I just want to know what other options I have to reduce this or to fix this. What could be the likely results of going to court? Not sure what this entails.

THanks!

Answer:
 > How did 25 go to 889, even with a deductible 300, whihc makes it 589?

Because that is how the law is written.

You can go to court and beg but likely since you flat out ignored the first court order, they are less than likely to be generous. But asking never hurtAnswer #2: > How did 25 go to 889, even with a deductible 300, whihc makes it 589?

To make money.

To incentivize people not to forget to pay their tickets.

Or a combination of the above.


Title: IL- Possible illegal traffic stop and subsequent fine.

Question:
I was driving home late with a few friends and a police car pulled out of a gas station behind me. My licence plate sticker was expired so I pulled unto a side street to let the police car pass by. I properly signaled and turned without any unreasonable speed change. When I turned back unto the same street the police car was waiting and pulled me over. Now since my plate was expired this would have normally been reasonable cause for a stop ,however, I specifically asked him 'Have I broken any traffic laws' and his response was 'No, I saw you turn as soon as I was behind you and found it suspicious so I pulled you over to investigate'. After taking my information he came back and noticed that my plate was expired and subsequently issued me a fine saying "I guess that's why you turned'

My driving ,I believe, does not fall under reasonable suspicion for a traffic stop to allow further investigation. For instance, it's already legal to see a DUI checkpoint and turn around and while the police might start following you this act by itself is not considered reasonable suspicion for a stop.

Since I hadn't broken any law that he knew of at this point, would noticing the expired plate count as 'forbidden fruit' that was only discovered upon a disputable stop? Or is the stickers expiration too public of knowledge to count as an illegal search despite the fact the the officer only discovered it after the stop?

Answer: Not illegal, not unreasonable, and no, it is not "forbidden fruit." Pay your ticket.Answer #2: A police officer only needs "reasonable suspicion" to pull you over. If they see you avoiding them, they are definitely going to look into why.


Title: Boating under influence in arizona

Question: A friend was operating a boat and ran a friend over and he got cut up pretty badly. Called the cops and they eventually got him to the hospital and he is going to be ok but the driver had his blood drawn and we haven't heard the results. Apparently they were shipping the blood to a lab. We know he wasn't over a .08 or even close for that matter but if he was even a .01 will he be in danger? They released him straight from the hospital. They won't release the boat until the investigation is over

Answer:
 >We know he wasn't over a .08 or even close for that matter but if he was even a .01 will he be in danger?

Yes. BAC readings don't mean "not guilty" - they just say "over this amount you're pretty screwed"

>They won't release the boat until the investigation is over

Pretty typical. The vehicle that ran over a friend and left him pretty cut up is going to be on hold for a while.

Your friend needs a lawyer for a number of reasons. Criminal charges are only problem #1. If the friend talks to a personal injury attorney that will become problem #2.

Don't drink and drive - anything..... No boats - cars - drones - 4wheelers - scooters - motorcycles - golfcarts - transformers - anything.

Get a lawyer. Don't count on lab results to say "no worries"


Title: Bullied by school into responsibility for mentally ill fellow student, followed by threats and harassment

Question:
PENNSYLVANIA, USA

These events took place almost a year ago, so I don't know if there is anything to be done now. I could really use your advice about the matter. I'm very sorry about the length.

I was a research assistant (student employee) in an academic department. I was taking graduate classes, and one of the graduate students from my research group didn't have any friends and so I tried to be nice and helpful whenever he needed help. I did not know him very well, but we saw and talked to each other every day because we were in the same classes and groups.

One night he texted me a picture of several cuts he made on his arm and said he "couldn't take it any more". I did not know him very well, but he asked me to come to his house to talk to him. I went with the mindset that I would call the cops if the situation was bad, or convince him to go to the hospital. When I arrived at his house I offered to take him to the hospital but didn't because he promised he would seek help, so I gave him the emergency suicide hotline number and info about school mental health.

Over the next few days, he continued to tell me that he was going to kill himself. I decided this was not my responsibility and was advised to go to our research group leader (a professor) who could see that he would get help. This professor pulled me out of class to meet with the chair of the department. In the meeting they told me that as a member of the research group I was responsible for making sure he got help because they were worried he would kill himself if he knew I told them. I told them I didn't know him very well and didn't want to be part of this, but they insisted and I didn't want to lose my job.

Over the next few months I was asked daily about the students mental health by these professors. I told them I didn't want to talk about this any more. The student had started to act very crazy and creepy around me so I tried to avoid him.

One night the student texted me and told me he was going to kill himself. I had had enough and called the police. I called the professor and told him that it was out of my hands and I would no longer take responsibility. The professor insisted the next morning that I check in on him after he was released from the hospital. I was very afraid of losing my job so I complied.

The student then threatened to kill himself if I didn't fall in love with him. I went back to the chair of the department and told him this, and he told me he was sorry and that they would no longer consider me responsible for his mental health. They wanted to force him to receive counseling, so they had me meet with people at the school about mental health. I was very angry and they told me I had to comply. Meanwhile the student was harassing me about "not loving him". I was forced to meet with school officials "to help him".

I asked school officials for information about how to make a sexual harassment complaint. They directed me to one of the highest ranked people at the schools, who told me that I should make a complaint through her. Before I did, I sent an email documenting everything to her and the professors who were involved. One of the professors said that the department was not responsible for making sure it's students were safe from sexual harassment. The high-up person told me that if she had received the email, she would sue the school. At this time my masters degree was up in the air and paperwork needed to be filed. When I told her that I wanted to file a sexual harassment complaint she refused to award me the MA.

I was still being pulled into meetings and out of class (and harassed by the student) to meet with school officials and professors about this students mental health. In the last meeting I was told I was not allowed to file a complaint because "school is a learning opportunity for students" and that because I was not a "real" employee, only a student employee, I was not allowed to make sexual harassment complaints to the university.

I started reading up on these things, and posted privately on facebook asking if anyone knew about these things because many of my friends are in academia and I was hoping they could help. I never mentioned anything about the situation or asked for help, only if they knew about these laws. The next morning I was called by the provosts office and yelled at (literally yelled at) for defaming the university. I was told there would be consequences for my actions. When I asked what this is about, the person said "I SAW YOUR FACEBOOK POST. HOW DARE YOU." I recorded the conversation in writing, and emailed the transcript immediately to the office and asked them to clarify if I had misinterpreted anything in my transcript. They told me it was correct.

I spoke with a lawyer after getting a referral from the bar association and asked if there was any way I could stop them from harassing me, because at this point it was the school's harassment that was the worst in the situation. The lawyer said that there was nothing a lawyer could do because I would have to file an employment complaint with the government and they would sue the school on my behalf. They said this would take years.

I finished up the last semester and left. I never filed the complaint with the government because the paperwork on the website made no goddamn sense and didn't seem applicable to my situation. I did keep everything - phone records, emails, everything about this is documented extensively.

Is there anything I can do now that I am out of the situation?

TDLR: school made me take responsibility for a mentally ill student, was harassed by student and by school.

Thank you for your time.

Answer:
 Nuclear option #1: File a sexual harassment lawsuit against the school. It's expensive (unless you can find someone to take it on contingency) but if events are as you describe them, it sounds like you have a solid case.

Nuclear option #2: [File a title IX complaint against the University](http://www2.ed.gov/about/offices/list/ocr/complaintintro.html). More details [here](http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.pdf)

EDIT: Option #3: Since you were an employee (their "student employee" stuff is BS) [file an EEOC complaint](http://www.eeoc.gov/employees/howtofile.cfm)


Title: MI -- legal requirements for a bedroom?

Question:
I'm leasing what is supposed to be a 2-bedroom apartment, but I don't believe the 2nd bedroom meets the legal requirements to be called such. It does not have any source of heat, and our winters get extremely cold here (many or most days below freezing for 4-6 months of the year). It was supposed to be a room for my newborn, but even with a space heater, it's chilly. Running a space heater all day and night also makes me nervous about electrical fires (the wiring in the apartment is super old), and adds a lot to my electricity bill. Now, the room is mostly instead used as storage.

Is heating required for a bedroom? And if it is, what is my recourse?

Thank you in advance for the advice.

Answer:
 Basic code requirements include:

70 sq ft, with no dimension <7' (so a 6' x 12' room doesn't count - too narrow)

Closet

Smoke alarm

Heating system able to maintain 68F (Temporary heaters do not count)

Egress window


Title: I tried to leave my husband, but he threatened to take our kid away from me if I do. [MO]

Question:
I am 23 years old. My husband will be 24 in a week. We have a 4 year old daughter. We live in Missouri.

Yesterday, I made arrangements to leave my husband (told him for 2 months, but planned on staying forever) this upcoming Saturday. I was going to go from Missouri to some family in Tennessee. Once I told him, things were mopey for a while, and then he told his parents. Once he told his dad, his dad said that they would get a lawyer (from Illinois) to take our daughter away from me. Apparently they can, even if the father is not on the birth certificate.

Here are some facts.

I have lived with my husband and his family for 5 years.

Our daughter was born May 10, 2012.

He is not on the birth certificate because the papers got messed up and we never went about fixing it.

I got married to him February of this year, but I have not changed my last name.

I only had 3 jobs the whole time I stayed with them, the rest of the time, I was a stay at home mom.

No matter if I had a job or not, I still took care of our child the most (bathing her, potty training her, brushing her teeth and hair, preparing meals, etc)

Husband's father has a criminal record

They are saying that they can take our daughter away from me since I lived with them and they provided for me for the past 5 years. I'm really hoping that's not the case. If it is, I will have to stay with him because I'd rather be unhappy than have my daughter taken away from me. They said that I can't even take her out of the state.

Please help me.

****I should probably make it known that since it was brought up that he would be taking my kid away from me whether or not I'd be staying, I said I'd stay. But I really want to know if things are in my favor. If they really can do anything.
Topic:
Custody Divorce and Family

Answer:
 Those are empty threats. A court isn't going to take a child away from her parent on grounds that silly.

However, during the divorce, the judge will enter a custody and visitation order that assigns primary custody of your daughter and specifies appropriate visitation with the non-custodial parent. The court will attempt to serve the best interests of the child with the custody order.Answer #2: They can't take your daughter away from YOU. They may be able to require that your daughter remains in MISSOURI. Which means in practical terms that they may very well get custody your daughter if you went to Tennessee.