North Carolina General Practice Legal Questions

Yes, you should work with an attorney to process all the forms and documents needed to obtain your wife's lawful permanent resident status. Attorneys fees vary widely on these cases. However, some of us charge a very reasonable flat rate fee, with no hidden expenses to handle the case from start to finish.... Read More

In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court. Because most courts prefer that children live with their parents, a grandparent's right to obtain custody is typically limited to the following situations:  The child's parents are deceased. The child's parents have been deemed unfit to retain custody. The child's parents consent to grandparent custody. The child has lived with a grandparent or grandparents for a year or more. In all child custody cases, courts attempt to determine what custody arrangement is best for the child. The court may consider the child's degree of contact with a grandparent before the custody petition is filed, the child's relationship with other blood relatives, and the grandparent's age, health and financial ability to support the child. You should retain counsel in your jurisdiction to file a petition for custody of your grandchildren.... Read More

OK there is no visa that exists that you described. If the ultimate goal is that your father-in-law wants to permanently reside here, but he enters on a non immigrant visa with pre-conceived intent to apply for a green card, then that would be considered immigration fraud. The only way that he could accomplish what he wants to at least partially, is to visit both of you with a visiting visa ,from time to time and then when his daughter acquires US citizenship then she can sponsor her dad.... Read More

You can sponsor her for a fiancée visa. If you are a US citizen you can sponsor her for a fiancée visa, and she would process at the US consulate in the Dominican republic for her K visa, and once she acquires that, she can travel here but must get married within 90 days after entry. And then after that she could adjust status to get her green card. Alternatively, she could just visit here on a tourist visa, but she cannot adjust status after her visit is done, she must go back home.... Read More

I don't know what you mean about "legal", since you don't allege that your dad has locked you up, held a gun to your head, or done anything other than make his wishes known  Certainly it's not a crime for your father to tell you who to see, but, as an adult, you have no obligation to obey him.  On the other hand, as you are an adult, he has no obligation to allow you to stay in his house (assuming he owns the home; if someone else was a co-owner, like your mother, that co=owner would certainly have something to say about it) or pay for your school, any may opt to do neither if you disobey him.  Legally, this is no different form an employer telling an employee that he/she has to work on Saturday.  The employer can't force the employee to work on Saturday, but the employer can fire the employee who refuses.  One caveat, the law may be different in NC than in the states where I practice, or there may be something unusual about your situation (on parole?  not legally competent for some reason?) which you haveen't mentioned that could make a difference.... Read More

Other than making money for your attorney, what is the point of a second cease and desist letter if your neighbor ignored the first?  If you think you have cause, go to the police, or start a lawsuit, but without knowing the details, I wouldn't think that "verbal harassment" which doesn't rise to a police matter would amount to much of a civil case.... Read More

What does her contract with the cemetary provide?  Presumably, since she is the sole surviving owner, she and she alone has the right to decide what is on the gravesite, but check the contract to make sure.  Assuming that she has full control over the gravesite, she should notify the cemetary that she doesn't want anything further added to the gravesite, that her husband's children are not authorized to do anyting with the grave, and that teh cemetary should check with her before allowing any changes.  If you don't trust the children, perhaps she shoudl also warn the cemetary that any document purporting to authorize changes which bears her signature is likely forged, and that the cemetary should only accept documents either notarized or signed in the cemetary company's presence.... Read More

If he has the money to pay, of course you can get your money.  You would sue him for breach of contract.  If the contract provided for interest, you can get that as well from the date of the loan; if not, you can get interest at whatever the state statutory rate is from the date of default, i.e. March 31.  You're going to have to prove tha tyou loaned the money, however, which may be difficult without a writing.... Read More

If the house is titled in the name of you, your sister, and your step-brother, not in the name of either of your parents, their deaths should not affect any of your rights relating to the house.  Your rights depend on many factors, however, including (a) if there are any agreements between  you as to the house and/or the division of income or sales proceeds from it; (b) in what capacity title is held - are you all joint tenants, tenants in common, do you all own equal shares, or is title  held in a more complicated fashion; (c) whether there are any liens against the house or any creditors or third parties who claim in interest in the house; and, very rarely, (d) whether any of the titled owners are not, or someone claims that they are not, the true beneficial owners, i.e. that they held title as a nominee for someone else.  Also, what rights are you talking about - rights to live in the house, rights to share in the income or sale proceeds in the house, rights to decide what to do with the house, rights to evict the other title owners and/or to charge them rent for living in the hosue, etc.  ... Read More

Without knowing a lot more about the auto shop's business dealings, i.e. whether it advertises in NC, has branches in NC, etc., it is very doubtful that it would have sufficient contacts with NC for the NC courts to be able to exercise jurisdiction over it.  This is especially true if you are talking about a small claims court, since small claims courts normally have significantly limited jurisdiction.... Read More

I don't see any reason you would need a lawyer to help you remove someone's name from a bank account.  On the other hand, if it is a joint account, I don't see how you can have the person's name removed without their consent or a court order.  It may be simpler if you simply close the account (assuming that you have the right to do that by yourself under your account agreement) and open a new account in your sole name.... Read More

The question is not whether it is legal (I know of no reason why it wouldn't be), but the more practical one of whether the recipients of the documents will accept photocopies or will require originals.  To ensure that this problem doesn't arise, it is standard practice to include a clause in stipulations or other agreements that copies or printouts from electronic files are treated the same way as originals.... Read More

Despite the fact that you didn't physically sign the documents, for a number of reasons a court would likely hold that you had entered into a contract on the terms set forth in the emailed documents.  What do those terms provide?  Do they, for example, provide that you must give X days notice before a cancellation or it will cost you $750?  Did you give the notice provided for in the contract?  Does the contract provide that the $5000 is nonrefundable?   While I sympathize with you in this situation, I also sympathize with the doctor if you didn't notify him/her early enough for him/her to schedule someone else's procedure.  If so, the doctor, through no fault of himsel/herself, lost the opportunity to perform another procedure at the time you were scheduled and make money.  He/she also may have spent time preparing for your procedure and had some related expenses.... Read More

The risks are that he will not pay the loan and you will be liable to the car company.  You may then be able to sue him for your damages, but if he is unable to pay you will be stuck.  Unfortunately, I see no way for you to "get off" the car loan.  The car company doesn't care that you have broken up with the co-signer.  It advanced credit based on your committment to be responsible for the loan, and there is no incentive for it to release you from your obligation.... Read More

You appear to have a claim against this McDonalds and the cleaning company.  Not sure if you have a good claim against the franchisor - that might depend on other facts which you don't know yet.  Although your actual damages are minimal, since your daughter is ok, you may be able to recover punitive damages, depending on what the facts are.  For example, had McDonald's and/or the cleaning company had prior complaints?  Did McDonald's neglect to tell the cleaning company what the area was used for?  Did the cleaning company tell McDonald's not to open the play area for a period of time but McDonald's ignored it?  Was it reckless to use bleach in this type of area in the first place?  How dangerous could this bleach have been if you hadn't rushed your daughter to a shower?  What if she had gotten some in her eye, or swallowed some? From a strictly monetary standpoint, I think this is a case worth pursuing, but your attorney probably will not be able to accurately estimate how much it might be worth until he or she learns more about the facts. The defense is sure to try to shift the blame on to you and your husband.  Towards that end, they will raise questions, such as: if you smelled bleach when you went in after your daughter's pants turned color, why didn't you smell it before?  If you thought your daughter was in so much pain and danger, why didn't you take her to the hospital? The defense will try to argue that you are at least partly to blame, for not properly supervising your daughter.  Also, if there is no quick settlement, your daughter may have to testify.  You have to be prepared, this could turn out to be a very unpleasant experience.... Read More

Assuming all the proper formalities were observed (depending on what state, a power of attorney may require witness or that it be notarized), it depends on whether the man was competent at the time he executed the documents.  It seems unlikely that a recent stroke victim would be deemed competent by a Court, but not impossible.... Read More

No, you can't trade it in unless it was left to you in your significant other's will, but that will would still have to be probated. Assuming the car was titled in your significant other's name alone, his/her interest in it would transfer as directed in his/her will or, if there was no will, by the laws of intestacy.  If there was a will, it must be probated before your significant other's property can be disposed of.  If there was no will, his/her property would generally pass to his/her closest living relative or relatives, not to you, although these laws vary depending on the state where the decedent lived.  However,  there may need to be a court proceeding to administer the estate before any property can be distributed. ... Read More