my girlriend is 21 she wants to come see me for 2 days and her parents who she lives with said she can for that day but be home that night if she stays with me till the 3rd day can her parents call the cos on me for kidnappng or for her being a runaway
At 21, the law views her as an adult, and not a runaway. If her parents know where she is, and that she choose to be there, the police wouldn't likely year her as a runaway or kidnap victim.
Good luck, and respect her honor.
I'm a renter that is moving out. I started off on a yearly lease and moved to a month to month lease in 2011. My yearly lease specifically states that it ended in 2011. It's not 2013 and we are moving out from our month to month lease, we signed nothing additional in our month to month lease. The yearly lease states that rent shall be paid in advance on or before the first day of each subsequent payment period for the duration of the tenancy. But, again this states that the end of the lease period being October 2011. My question is, should I have to pay the full amount of my final month if my occupancy is shorter (10 days less)? As far as I can figure, since my year-to-year lease expired in 2011 and I've been on month-to-month with no additional signed contract than it would fall back to NC state law, which only requires 7 days notice (we gave 30 days) and only pay for the amount of the occupancy for the final month. I would greatly appreciate the assistance, as well as pointing me to specific references to all information. Thank you.
Yes you have to pay the full amount of the rent for the month. You are choosing to leave in the middle of the month. Its not the landlord's fault. Where do you get the idea that you can only pay for part of the month?
Unless its written into the lease or you have something in writing this is not how this works.
My husband did not respond to the petition and it's been over 6 months since I served him. I want to ammend the original petition to establish there are no issues of dividion of community property, the petition does not request money, property, cost or attorney fees to be determined by the court and there are no issues of chold, spousal or attorney fees and costs subject to determination by the court. I did attache a form to 5b detailing he division of community property. I want to ammend this form and document we have no community property to be divided by the court. IF I AMMEND THE PETITION, do I HAVE TO SERVE MY SPOUSE AGAIN, even though he did not respond to the initial petition or has he already lost his right to respond from the first petitioin?
You do have to have him served with the amended petition. (I used that tense of the verb because you cannot serve documents, because you are a party to the dissolution action.)
Serving him with an amended petition opens up his default, and the clerks will want you to bring in a summons on the amended petition, which will also have to be served on him. He will then have the ability to timely respond to the amended petition, or default again.
If the amended petition alleges that there is no community property you will also need to explain any contradiction between the original papers and the amended petition and attachments, even if he fails to respond after being served with the amended petition..
My parked car was run into by an unlicensed, uninsured driver who was apprehended before being able to leave the scene. My question is whether the local prosecutor's office will move for restitution or if I will need to retain an attorney to file a civil suit on my own. And upon getting a judgement, what is the likelihood of being able to enforce it if this person does not want to pay?
Thank you.
Be prepared to retain an attorney if your auto insurer does not provide you with adequate compensation for the property damage. Restitution from a criminal case can take many months or even years, if at all. Work through your insurer, as getting a judgment against the individual can be costly and time consuming.
I am divorced in Texas with a 6-yr old daughter in a private school. The father pays 100% of all school expenses according to the divorce decree and I pay for after-school care during my possesssion weeks. We trade possession every 7 days. The father often picks up the child during the after care that I pay for and returns her before I can pick her up after work. I have a few issues with this - A) I'm paying for nothing during that time, B) the school allows him to avoid clocking the child in/out so I can't track the time she's away, C) on the days when I'm available to pick her up early, she's not there and that violates my right to possession. The school claims that they have the right to release her to either parent on any given day. Is this true? What course of action would you suggest I take?
The most constructive appoach is for you and your ex for to work it out. Surely you don't mind that the child is with a parent rather than in day care but, as you said, when that is not coordinated with your schedule, it becomes an interference with your possession rights.
If you can communicate with each other constructively, you can let him know the day you will be off early so that he either returns the child in time for you to pick her up or he leaves the child there altogether.
If you can't be constructive because he is too difficult to work with, you probably need to file a motion for enforcement IF your final decree has a prohibition on interference. If it does not you'll need to file a motion to modify.
Legal action will cost you a minimum of $2,500 or so. That's why I encourage you to try to work it out with him.
A tool you can use is Our Family Wizard (www.ourfamilywizard.com). It costs $99 per year per parent but it has a great calendaring and messaging feature. What makes this system particularly nice (if you will both use it) is that the court can look at the interaction between the two of you and see who is causing the scheduling problems.
Good luck!!
