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Answered 10 months ago by Jason Alan Ostendorf (Unclaimed Profile) |
1 Answer
| Legal Topics: Child Custody
If there is a court order in New Jersey governing visitation or parenting time, both parties are legally obligated to follow its terms—even if one believes the other is acting improperly. Unilaterally denying visitation or communication in violation of a court order can potentially result in contempt proceedings or negatively impact your own custodial rights. That said, if you have a good faith belief that your child's safety is at risk due to unauthorized individuals being present during visits (especially where there has been deception and an instruction to your child to "keep secrets"), you may be justified in seeking a modification of the existing order. However, this must be done through the court, not by self-help.
You should strongly consider consulting with a New Jersey family law attorney to review your specific order and discuss your legal options, which may include filing an emergency application or motion to modify or suspend visitation. While I am an appellate lawyer in Maryland, I often advise clients that taking the proper procedural steps through court is the best way to protect both your rights and your credibility before the judge.... Read More
If there is a court order in New Jersey governing visitation or parenting time, both parties are legally obligated to follow its terms—even if... Read More
There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition.... Read More
With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make nonessential trips outside the US. If you do go out of the country, however, our recommendation is that you reenter under an O-1B visa rather than OPT. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
With the present situation of extreme vetting by the Trump administration, our general recommendation is that nonimmigrants should not make... Read More
You should be eligible for citizenship at this time. Inasmuch as it was a domestic violence situation under which you obtained resident status, you should not be required to have anything from your ex-husband for the application. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
You should be eligible for citizenship at this time. Inasmuch as it was a domestic violence situation under which you obtained resident status, you... Read More
For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border Protection (CBP) officers. If permanent residents have had anything in their backgrounds that could raise a flag with CBP, however, they may think twice before taking a trip. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
For green card holders, it is generally safe to travel although there is currently extreme vetting at the borders and airports by Customs and Border... Read More
It is difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has no other problems, a US citizen child over the age of 21 could possibly help him apply for adjustment of status through filing for him on form I-130 petition for alien relative and him submitting form I-485 adjustment of status application to permanent residence. If he came in without inspection and has had no problems with crime or fraud in obtaining immigration entry or benefits, he could be eligible for the I-601A program which would start with the child petitioning for him on form I-130; upon approval, your father applying for an I-601A application for a provisional unlawful presence labor; and upon approval returning to the home country for an immigrant visa interview with the local US consulate. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More
It is difficult to give advice not knowing more about your father’s situation. However, if he entered the US with inspection or parole and has... Read More
No. That damage was done when you filed the eviction. As the eviction is public record it is generally not removed. To be clear, if you were legitimately forced to sue a relative for eviction, they brought that on themselves as they would have for any landlord forced to take such aciton. ... Read More
No. That damage was done when you filed the eviction. As the eviction is public record it is generally not removed. To be clear, if you were... Read More
This is simply not a financially viable legal case as it will likely cost you as much or more in legal fees and expenses as the items are likely worth. Candidly, if the level of chemicals was in the water to do the damage you described from a simple swim, it should have been immediately noticed by smell, burning eyes, etc. yet you seem to describe you were swimming in the water without issue. You might want to check with your homeowners insurance to see if there might be coverage under your personal property coverage. ... Read More
This is simply not a financially viable legal case as it will likely cost you as much or more in legal fees and expenses as the items are likely... Read More
A civil case against the homeowner could be based on negligence, as they had a duty to provide a safe environment for guests. For example, if the other adult homeowner spouse knew or should've known about the other adults, dangerous propensities for violence, and failed to supervise the situation when your son came over as a guest, then liability could potentially attach based on lack of warning or failure to supervise. If that other adult failed to intervene or remove a dangerous individual from the property, they may have been negligent in allowing the situation to escalate. If they knew or should have known about the risk and did nothing, this strengthens the claim. Your son's serious injuries, including surgery and permanent damage, make legal action worth considering. Consulting an attorney experienced in premises liability would help assess the case. The attorneys on this website are precluded from soliciting cases of people who ask questions, so you would have to reach out to one of us after researching our backgrounds to discuss the facts in more detail. ... Read More
A civil case against the homeowner could be based on negligence, as they had a duty to provide a safe environment for guests. For example, if the... Read More
This is a common issue. Unfortunately, after a "pump out" occurs, a properly maintained septic tank and drain field shoudl go YEARS without further issue. If there is "grease" or other improper materials found in the septic tank afterwards, most LL are going to take the position that the "proof is in pudding" that the current tenant is causing the problem and responsible for the repairs, pump out, etc. Equally, tenants will typically deny any such conduct, even when it is undeniable that they are, simply adding to such controversies. If you expect to oppose this YOU will need to secure a septic expert to examine the system and establish that you are not the problem causing the pump outs. That will at least give you a legitimate basis to dispute the landlords accusations otherwise. By example, this may all be caused by a bad liftstation pump, that needs to be replaced by the LL. ... Read More
This is a common issue. Unfortunately, after a "pump out" occurs, a properly maintained septic tank and drain field shoudl go YEARS without further... Read More
Yes. A judge has the authority to reject your claims of ownership. Just because you purchased something does not eliminate what may be deemed a legal gift or abandonment. By example, if you allowed the brother to keep the tractor at his place where he maintains it and uses it as his own for 5 years, it might be hard to argue that its your tractor any more, if the spouse claims it was a gift. THIS is why you hire lawyers to pursue litigation cases rather than play lawyer in court on pro-se claims. While the law allows it, the poor results can be expected. ... Read More
Yes. A judge has the authority to reject your claims of ownership. Just because you purchased something does not eliminate what may be deemed a legal... Read More
Sure - you can dispute just about anything. Whether that is effective or productive all depends on the details of the issues, the costs involved, etc. Your best bet here is to simply tell the shop you don't want "rime parking" whatever that entails and want regular or the cheapest parking cost available or try to negotiate free parking, which is customary unless its a long term project and parking is a benefit to you not the shop. ... Read More
Sure - you can dispute just about anything. Whether that is effective or productive all depends on the details of the issues, the costs involved,... Read More
It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing illegal about a drunk person sitting or sleeping in his car with the ignition keys, not in the ignition lock. The reason that they let you go is that they could not find the keys and therefore you would have the case, most likely thrown out on a motion to dismiss based on state law. ... Read More
It looks like you caught a lucky break. A DUI can only be issued to a person that is in his car, if the keys are in the ignition. There is nothing... Read More
Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being didtributed to Beneficiaries. Let me begin by stating that I do not represent Beneficiaries or Heirs on a contingency basis, only hourly. I am not aware that a contingency fee would be prohibited so it is possible there are attorneys who do so. I suggest using the Find a Lawyer section of this website or the Daupjin County Bar Association referral service to find a Probate lawyer. You will then hear from attorneys like me who practice in this area of law who can advise what to do and how fees are structured.... Read More
Your post is not completely clear but sounds as if you are looking for help to challenge the validity of a Will or theway the estate is being... Read More