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| We have our 13 year old grandson living with us because of his behavioral problems and neither parent are willing to have him in their homes. He is on probation at this time for a year because of what happened when he lived with his mother. The court put him in our home for that year. Parents have joint custody and can't even talk to each other. Father keeps insurance on child and supposedly pays $200.00 a month. Mother says father isn't paying. Father says he is. Mother says she can't afford to pay anything. Mother sees child once a month. We don't know what either does. If there is an issue of money owed to a Dr. neither one wants to deal with it. We have asked to adopt him on paper so we can draw social security and be able to keep insurance on him and they wouldn't have to worry about it. Or we consider taking them to court and getting custody of him and have the court decide what parents should do. Either way we want our grandson to respect his parents and see them but we feel things are really out of our control when it comes to the care of our grandchild. We don't want to be vindictive about this, our grandchild loves his parents and so do we. |
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| If the court put him in your home for the past year, you have a very good chance of gaining custody. If both parents share joint physical custody according to an order, the father shouldn't have to be paying child support. If he is ordered to pay child support, it should be going to whoever is caring for the child (you). I would write a "polite" and informative letter to both parents and send it certified mail explaining your position and the needs of the child being sure to include that your next option will have to be going to court to establish your rights and get this situation under control in the best interests of the child. I'm confused on your "social security" question. What does Social Security have to do with this? Is your grandson "mentally incompetent" or physically disabled? |
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My ex-husband was recently forced to retire at age 58 and is currently on VA disability. We have a 15 y/o son whom I have legal custody of. Is our son entitled to SS benefits? The father lives in TX, my son and I in AR.
Thank you,
Laurie |
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| Social Security is going to pay your ex-husband only. To "get a piece of it" you would have to get court ordered child support that "he" would pay, not Social Security. |
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| My mother died over a year ago she did not leave a will. I have 7 other brothers and sisters living. My mother has a house that no one has been living in. My husband and I are considering owning the house. How do I go by getting an ok from my siblings to move in, and also how would my name be put on the deed instead of my mothers? |
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| When someone dies without a will, the deceased's "estate" will have to go through "probate court". Talk to your siblings first, then go see a probate lawyer to tell him what every had agreed to. You're not going to be able to just step in and take the house without your siblings having a say so. If you try to be sneaky and don't tell them, as soon as they find out, you could be charged with fraud. |
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| How does a pending divorce affect a rental lease that a husband and wife both signed? |
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| Once the divorce is final, the person who stays will have to sign a new lease. If neither of you stays, you'll have to "break the lease" which entails being responsible for the monthly payments for usually up to 3 months or until the apartment/house is re-leased by someone else. |
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In Oakland, California. Share apt. with two others all month to month with each paying separately to landlord. I am the de-facto "master tenant" though it's not official through the landlord. I have had to replace roommates as ones left in order to keep my part of the apt. One roommate has become a serious problem in that she steals belongings from us/eats our food etc. The landlord is not responding to my calls to find out if that problem roommate is paying her share of rent. She is not paying us her share of household bills. She is currently unemployed.
I have told her she has to move out. Gave her verbal notice of a month and tried to get her to sign an agreement to this but she refuses. Now she's refusing to leave and is very angry. I'm afraid she'll do damage to our or the landlords property while we're away at work etc..What can I legally do to get her out ? |
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| First and foremost... who's name is on the lease/rental agreement? If it's all three, the landlord has to evict your roommate, not you. If she is stealing, you could try talking to the police about the theft. I suggest you and your "other roommate" have a talk about moving into a different apartment. After that, both of you let her know that she will be alone and eventually evicted for not paying rent etc. If she doesn't take the hint, follow through on your threat and move out. |
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| I paid first and last month rent before moving in to my apartment. I never signed a lease and informed my landlord that I was trying to move to graduate housing in a few months because of the difference in rent. I was unsure if this was going to be available and paid the last month's rent. My landlord informed me that she was leaving the country for awhile. Two days later I found out that I could move and called my landlord's cell phone to inform her of this and to talk to her about the double paid last month's rent. I left a message on her voicemail. After finding out the trip was an entire month, I asked her daughter in law to give her the message. After not hearing back from her, I called my landlord and she's not giving me back the money. Am I legally entitled to it under CA law? |
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In addition to Craig's anwer, you aren't real clear on dates and when you paid so just to clarify:
You have to give 30 days notice to terminate a lease. You have to pay for that 30 days. Whatever is left over, you are entitled to. I hope you got receipts or you are out of luck. |
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| We have been renting our apartment for four years on a yearly lease; recently they put on month to month and now they have informed us that they are converting them to condos. They have sent us what I understand to be a 45 day standard notice but I don't know what my rights are completely. |
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| Unfortunately, you are going to have to move. |
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My wife had two extramarital relationships and now is divorcing me. However she has not asked for division of joint property, pension funds etc. Does this mean that the court then has no powers to order such division of propert etc ?
What if she changes her mind later, what are her chances of success? |
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| The short answer is to go to one of those legal document preparation services with her and get it all down in a "stipulated divorce decree" and filed in the court. Once it's signed by the judge, and the 30 to 90 days (depends on the state) has passed, it's a final decree. She cannot change her mind after that and change it. If the divorce involves children, it's a little different. She could petition the court to modify the "part" of the decree involving "child support" or "visitation" only. Make sure you include "everything" in the divorce regarding finances, (who owes what, who pays for what) or she could reopen the divorce decree and start shuffling things around to make things equitable. |
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| Is the Island Tree Board of Education V. Pico case of 1982 a federal court case or a state court case? |
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Board of Education v. Pico, 457 U.S. 853 (1982),[1] was a case in which the United States Supreme Court held that the First Amendment limits the power of local school boards to remove library books from junior high schools and high schools.
United States Supreme Court would be "Federal Court". |
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| If a woman is planning on giving her unborn baby up for adoption but the father does not relinquish his rights, does the mother have to take the baby home after birth? |
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First, are you married? If so, you cannot put your child up for adoption against the fathers wishes.
If you are not married, he would have to file a paternity suit to establish that he is the biological father and serve copies of this on you and the adoption agency to stop the adoption. In this case, yes, you would have to take the baby home. Talk to the adoption agency. They may have ways to deal with this if you are adamant about not taking home the baby. You could always let the "father" have the baby if he wants it and you do not. |
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| Why does not the artificial pressure in aeroplanes protect my ear from popping? |
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| Even though the plane is pressurized, it is not necessarily at the same atmospheric pressure as the place you take off from and, planes are not completely air tight so you still get some differences in pressure as you climb and descend. |
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| How does a radial engine work? |
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| Instead of the pistons being "above" the crankshaft, as in most engines, or on the "side" as is a BMW motorcycle, they are placed "around" it forming a circle around the crankshaft in a "radius" or "radial" pattern. |
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