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Javid posted:Calling the police doesn't mean they show up or care. You'd be surprised what kind of things they'd triage on a busy night. 'Guy with a gun threatening me' is going to go pretty high on the list.
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Mar 28, 2013 15:58
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IrvingWashington posted:MO restraining order/family law advice if anyone can give any: Your wife can always file papers for custody and visitation to be changed. The court looks at it in terms of "best interest of the child". Sometimes that means keeping visitation with a scumbag parent, because it's better for the kid to know their scumbag parent than to be removed from them. But the issues you're raising are the kind that would interest a court. Generally it's very difficult to terminate parental rights. There has to be very drastic issues, like physical abuse or a convicted drug dealer. But even in those cases, it's a tossup. The father's parental rights will likely always remain intact, but your wife could file to have his visitation reduced or supervised-only. Court orders can specify things like an exchange location. One thing to know (which you may know, just tossing this out there) is that you won't be a party to the proceeding whatsoever. You would be a witness, but you won't get custody. You can help your wife file these papers, but she will be the one actually filing it. The logistics depend on your state and county, so it's unlikely anyone can give you a specific answer. But generally your wife can call the local court and ask how to file paperwork to amend custody/visitation and they'll help her out. You may need an attorney, but it's common for these changes to happen without an attorney. woozle wuzzle fucked around with this message at 16:10 on Mar 28, 2013 |
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Mar 28, 2013 16:07
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Thanks for the response, woozle wuzzle. I know I said "my wife and I," but I know I'm not going to get parental rights, and that I'm not viewed as particularly anything in any of the custody-related proceedings - I phrased that badly. We've always been of the opinion that the kids should have a chance to know their dad (even though it's hard to watch them be continually let down by him), and because we're wary of him potentially using any negative feelings we have toward him as proof we are keeping him from the kids, we've often made decisions in his favor, including being incredibly flexible when he's decided taking them for his time is inconvenient, and being open to reworking visitation so if he wants to do something else one weekend, he can see them at a time when he wouldn't usually. We've become less flexible insofar as now we won't make changes without the required 72 hours' notice, which is in part what has lead to him becoming more aggressive to us - before he would have shown up at our door unannounced and unexpected, and my wife would have sent the kids out to see him because she felt that they deserved to see him. This has since stopped - and she's explained why (though getting him to listen, understand, and remember is another matter - it hasn't stopped him showing up when he feels like it). We're planning on talking to a family lawyer to work out our best plan of action - I was really concerned here with what would be the best course of action when it comes to dealing with his latest threats - I wouldn't want to do anything that could be construed as trying to keep him from the kids, but at the same time I know I don't deserve to be threatened, and I don't want the kids to have to be afraid that's going to happen just because I'm in the van when we pick them up or drop them off. I don't mention this whole situation that much to other folks because a lot of them will just say "why don't you have him arrested." He's managed to avoid most of his potential jail sentences over the last 5 years, even with a probation violation and subsequent refusal to show. He has another court date for driving while revoked next month, and the most I'm hoping for there is that he'll get probation again (which seems to make him avoid doing anything too overt). He's at felony levels of arrears when it comes to his child support (which my wife had reduced to half - it's around $300/month that he is refusing to contribute for these 4 kids) but I don't know if that really counts for anything other than showing he's an rear end in a top hat. Anyway, I'm straying into just complaining about him now, which is a good sign that I should stop. Unless anyone can suggest a good reason for doing otherwise, I think that having the recent threats documented will have to do for now - possibly I'll report it to the police to have an official record, but I think a restraining order would just make him angrier while forcing my wife to have to deal with him on her own (which she doesn't feel is safe, even meeting in public), and we'll just see how things go/what the lawyer says. e: Alchenar posted:'Guy with a gun threatening me' is going to go pretty high on the list. You'd think so. In this case the police were called. He left about an hour later, and was eventually picked up driving around that evening (without a gun, of course). I think they warned him not to do stuff like that, and that was it. IrvingWashington fucked around with this message at 16:43 on Mar 28, 2013 |
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Mar 28, 2013 16:41
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In Pennsylvania I would recommend you attempt to adopt the child and have the father's parental rights terminated. Who knows about your state's laws though.
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Mar 28, 2013 16:45
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euphronius posted:In Pennsylvania I would recommend you attempt to adopt the child and have the father's parental rights terminated. Who knows about your state's laws though. This is definitely something we're looking into (and it would have been much easier before he moved back to this area, though his CS arrears might put him in the position of abandonment anyway).
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Mar 28, 2013 17:44
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It also depends what type of documentation you're planning on getting together. Writing down a list of incidents with details, recording when you've called the police, getting copies of any police reports you may have filed, all of that sounds like a good idea. Then present it to your family law attorney and let them make a determination if/how/when to use it. They'd far rather have a client that over-documents than under-documents. If by document you mean calling the police more often or getting another RO, that might be different. I don't know enough family law to know how either would affect your custody. Naively I assume that calling the police when threatened, recording threats, or even getting a restraining order would not hurt your custody chances, but I have no idea, and that's exactly the sort of thing to ask the attorney.
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Mar 28, 2013 19:53
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Arcturas posted:It also depends what type of documentation you're planning on getting together. Writing down a list of incidents with details, recording when you've called the police, getting copies of any police reports you may have filed, all of that sounds like a good idea. Then present it to your family law attorney and let them make a determination if/how/when to use it. They'd far rather have a client that over-documents than under-documents. If by document you mean calling the police more often or getting another RO, that might be different. I don't know enough family law to know how either would affect your custody. Thanks also. I have heard that it can be viewed as not trying to work things out with the other parent, and I'd much rather err on the side of caution, at least until we speak to an attorney. We've been keeping notes of all incidents, which my wife cleaned up at the start of the year, and I collated all the recordings and photos we have - we're going to take all that to the lawyer and see what they suggest. I think yesterday I was pretty upset that we were back to the same old routine, but today I reminded myself that we've been through it before and we are stronger for it, with the bonus that this time he is supposed to be free of alcohol so no longer can blame his behavior on being a bad-tempered drunk. It's reassuring to hear that presenting our attorney a bunch of info will likely not be looked on as a nuisance. I'm a lot less confident dealing with US law because I didn't grow up here, so thanks all for the useful feedback - it's really appreciated, and it's helped me take some time to really think about what the best course will be for us.
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Mar 28, 2013 21:43
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A friend living in Georgia recently contacted me stating that when she logged in to make a student loan payment she discovered a remaining balance of zero and a payment of some $20K made this morning. Aside from contacting the bank and informing them of the account error is there anything she ought to be doing?
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Mar 29, 2013 01:18
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Soylent Pudding posted:A friend living in Georgia recently contacted me stating that when she logged in to make a student loan payment she discovered a remaining balance of zero and a payment of some $20K made this morning. Aside from contacting the bank and informing them of the account error is there anything she ought to be doing? Her loan probably got sold to a new lender who paid off the old lender.
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Mar 29, 2013 01:53
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Kalman posted:Her loan probably got sold to a new lender who paid off the old lender. Thanks. I'd asked her about that and she said she never received any notification. Just heard from her and that's exactly what happened. Had to jump through like 6 people to find out who she's supposed to pay money to. Oh well, if I had a dollar for every time I've seen banks have lovely paperwork I could go ahead and retire.
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Mar 29, 2013 02:03
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Here's my situation: I think my roommate may have kidnapped a kid, legally speaking. I'm in NYC. The story: I was up one Saturday morning making myself breakfast. My roommate had gone out to walk her dog/buy some stuff at the grocery store, which is literally across the street from our apartment building. I'd say the doors are about 50 feet apart. When she comes back, she has a kid in tow. Kevin. According to her, she met Kevin in front of the grocery store, where he was unattended, waiting for his parents. Kevin started petting her dog. When she said she had to go, Kevin asked if he could come, too. She said yes. So she brings Kevin up to our apartment (it's on the 2nd floor), where he hangs out for maybe 5 minutes petting the dog. She then takes Kevin back to where she found him outside the grocery store. The question: did anything illegal happen here? Am I overreacting?
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Mar 29, 2013 02:37
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Great Poster A Plus posted:Here's my situation: I think my roommate may have kidnapped a kid, legally speaking. I'm in NYC. IANAL but a minor cant consent to anything legally. Just because he came voluntarily doesn't men poo poo. It is up to his parents if the want to make it a legal matter or punish their kid for being retard. Tell your dumb roommate you never do anything regarding a child without the consent of their legal guardian.
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Mar 29, 2013 14:11
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Yeah at a bare minimum this was an absolutely terrible decision which had the potential to lead to all kinds of grief.
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Mar 29, 2013 14:17
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jassi007 posted:IANAL but a minor cant consent to anything legally. Just because he came voluntarily doesn't men poo poo. It is up to his parents if the want to make it a legal matter or punish their kid for being retard. Tell your dumb roommate you never do anything regarding a child without the consent of their legal guardian. I'd be pretty afraid if you could be charged for kidnapping just by someone following you.
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Mar 29, 2013 17:11
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Gounads posted:I'd be pretty afraid if you could be charged for kidnapping just by someone following you. Right, it seems like there are probably some legal intricacies here that a lawyer might be able to answer.
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Mar 29, 2013 17:42
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Gounads posted:I'd be pretty afraid if you could be charged for kidnapping just by someone following you. Not kidnapping, no intent. But as said above, a horrible loving decision jesus. I'd be more concerned about what other stupid decisions this person would make if this type of activity is considered acceptable.
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Mar 29, 2013 17:56
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You should probably let your roomie know that your volcano insurance policy is paid up in case someone comes by trying to collect the premium.
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Mar 29, 2013 18:09
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Gounads posted:I'd be pretty afraid if you could be charged for kidnapping just by someone following you. "Hey kid I've got some candy in my van for you, why don't you just step in?" e: there's a difference between actually having committed a kidnapping and having come close enough to a kidnapping that you could be arrested and potentially charged, but in the immediate term they're virtually the same thing. Don't take children that aren't yours.
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Mar 29, 2013 18:13
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NY Penal law, Article 135. 135.05 Unlawful imprisonment in the second degree. A person is guilty of unlawful imprisonment in the second degree when he restrains another person. 135.00 "Restrain" means: 1.to restrict a person`s movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by: a. moving him from one place to another, or b. by confining him either in the place where the restriction commences or in a place to which he has been moved, 2. without consent and 3. with knowledge that the restriction is unlawful. A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement. 135.20 Kidnapping in the second degree. A person is guilty of kidnapping in the second degree when he abducts another person. 135.00 2. "Abduct" means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.
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Mar 29, 2013 18:22
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Great Poster A Plus posted:Here's my situation: I think my roommate may have kidnapped a kid, legally speaking. I'm in NYC. This I'd a loving hilarious story. Was she like "Hey GPAP can we keep him?" and you're all like "you have to feed him and bathe him everyday you know that." And she's like "awwwww...."
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Mar 29, 2013 18:34
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joat mon posted:NY Penal law, Article 135. The child wasn't ever actually confined, but that's the kind of thing you might have to go all the way to trial to argue.
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Mar 29, 2013 18:53
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joat mon posted:NY Penal law, Article 135. I served on a jury in NYC that convicted of kidnapping in a case like this. It was much more sketchy (weird man and very young girl leading her into an isolated part of her apartment building) but I was surprised that the definition of restraint included just leading a kid away.
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Mar 29, 2013 18:54
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Jet Ready Go posted:This I'd a loving hilarious story. Was she like "Hey GPAP can we keep him?" and you're all like "you have to feed him and bathe him everyday you know that." And she's like "awwwww...." No, I just stared at her in semi-disbelief and was nice to the kid until he left. When she got back, I asked her to detail the series of circumstances that led to a little kid being in our apartment without his parents, and she told me she didn't want to talk about it.
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Mar 29, 2013 19:01
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I like to picture "Kevin" as 26 with a scruffy beard, waiting on the sidewalk for his mom.
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Mar 29, 2013 19:02
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So my wife and I found an amazing house. It was a foreclosure for roughly half the price of what it was worth. As a foreclosure it did need some work
New Siding Gutters(or we can leave them off Windows Floors in some rooms Appliances Patch/Paint interior walls Here's where the story gets tricky. When I first looked at the house, during research, I was able to find the phone number for the next door neighbor. I called him and had a great convo with him. I called him after I was unable to find a way to finance the purchase and he says "Well how about I buy the house for cash, and lease it to own to you". I've never done a transaction like this, but was intrigued. Here's where the questions start coming in: How do we make this equitable for both of us. Let's say the house is worth ~500k. It was purchased for roughly half that price. Who should be responsible for doing/paying "all the work" given that it is a "lease to own" plan? If me, how do we factor the value of "my expenses" into the lease? What happens if after a year, I decide to bail out(and not buy?)? do I lose all that money? Should it be valued at some amount? What other things am I not thinking of. The point of the question in this thread, is more, what should I look out from in terms of a legal perspective?(Yes I plan to hire a non-internet lawyer) lord1234 fucked around with this message at 18:07 on Apr 1, 2013 |
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Apr 1, 2013 18:04
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Are you insane? That is the worst catastrophe I could ever imagine. It screams FUTURE LAWSUIT. Basically, the law is not set up to handle situations like that (though it can, with work), and you, the "tenant" are in a ripe position to get screwed. If you left after a year and had put 10,000 into the house or whatever, you would have a possible claim of unjust enrichment against the guy, but based on oral agreements, haha, good luck. Plus he would own the house and have title, so you would be fighting up hill the whole way. What you could do maybe is borrow the cash from the guy, buy the house for cash, you and you wife go on the title, and he could put a mortgage on the house. Though if that is legal I don't know. I doubt he wants to be a creditor to you anyways. euphronius fucked around with this message at 18:14 on Apr 1, 2013 |
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Apr 1, 2013 18:08
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I dunno the legal side of it. But dude, seriously? Foreclosure that needs significant repair PLUS a lease to own with a guy you know nothing about who would end up being your next-door neighbor.... This is a terrible idea for a hundred different reasons. Take your repair figure and double it for the poo poo you don't know about. Assume the neighbor is a loving LUNATIC because normal people don't offer six-figure loans to strangers. Even if it went well, he lives right next to you. So every little thing you do he's in your business. You need to have a very critical eye towards your own decision-making, because you're this deep and haven't spotted the hundred red flags yet. Back away slowly, and spend the same $260k or whatever on a normal home without a bunch of crap going on. I'm not trying to be snarky with you, but hear your voice from the alternative future where you end up buying this home. That voice is screaming at the top of your lungs to run now. Run like the god damned wind.
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Apr 1, 2013 18:14
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What you could also do is rent the house under an agreement that the owner puts money towards your refurbishments and repairs into escrow. If you leave for whatever reason, you get the money from escrow. If you stay and eventually the house is conveyed to you, he gets the money back from escrow. But, still, that is insane and you should not do it.
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Apr 1, 2013 18:17
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Really that's just a super complicated way of him offering you a mortgage.
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Apr 1, 2013 18:20
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Alchenar posted:Really that's just a super complicated way of him offering you a mortgage. yes that is sort of how I see it.
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Apr 1, 2013 18:24
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Don't take mortgages from individuals. This is an insane idea for all the reasons you have been given.
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Apr 1, 2013 18:26
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Yeah, even if you end up buying the home (maybe it's fine, I dunno), don't do this neighbor financing. Thank him and find an alternative. It's guaranteed to blow up on you in a bunch of different ways. And when it does, you're living next door to your creditor. It's no good.
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Apr 1, 2013 19:26
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Can you refinance your current house without the FHA note first?
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Apr 1, 2013 19:46
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lord1234 posted:yes that is sort of how I see it. You should ask about your options in the BFC home-ownership thread, they probably know a lot more about non-bank mortgages and also FHA situations.
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Apr 1, 2013 19:57
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Alright, perhaps an odd question but... is it legal for me to use a false identity online? I ask because I am sick and tired of companies treating my personal information carelessly. You're all savvy online-folk so I'm sure none of this is news to you, but over the past couple of years several companies that have a lot of information on me have been hacked and user info has been downloaded (most notably the Sony hack, most recently the War Z hack [but really I should have known better with them]]). I've come to the conclusion that companies simply cannot be trusted to safeguard this data. So I'm wondering if it is legal to create and use a false identity for creating accounts / making purchases / etc. When I floated this idea to some friends a couple mentioned that if I were making purchases and agreeing to EULAs under a false identity it could potentially be considered fraud... is this true? State is VA, however I'm unsure whether or not that matters! e: Also apologies if this has been asked and answered before... I feel like I can't be the first person to think this might be a good idea. e2: I wonder if this is my answer... http://www.fastcompany.com/1101601/criminalizing-false-identities-end-online-anonymity quote:MySpace's terms of service require users to be "truthful and accurate" when registering. Drew's fake profile was interpreted as unauthorized access by prosecutors - a violation of the 1986 Computer Fraud and Abuse Act of 1986. kedo fucked around with this message at 14:52 on Apr 2, 2013 |
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Apr 2, 2013 14:47
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kedo posted:e2: I wonder if this is my answer... http://www.fastcompany.com/1101601/criminalizing-false-identities-end-online-anonymity In any event, if you're purchasing stuff over the internet, you're still going to have to give the correct payment information.
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Apr 2, 2013 15:48
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I wrote my student note a few years ago on the spread of "false identity"-type laws in response to cyberbullying. There are a handful of states that have enacted anti-bullying statutes that are overbroad enough that they may cover the simple use of a fake online identity, but most are focused on people using a fake identity (or someone else's identity) with intent to defraud, harrass, threaten, etc. There's also the Computer Fraud and Abuse Act of 1984 (CFAA) which would theoretically allow prosecution of like 90% of the internet, but that's a different can of worms. I'm not your lawyer, but I don't think there is a lot of risk involved in your plan as far as creating accounts here and there. It seems like prosecuting people for accepting a EULA under a false name is probably pretty far down the list of law enforcement priorities. However, I'd be hesitant to use a false identity to make purchases or anything of that sort; you're going to have to provide correct payment and shipping information anyway. You're probably better off limiting how much and what kind of information you give out.
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Apr 2, 2013 17:36
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I want to take a board game, develop it online, and charge money for it. I don't want to pay a dime to the company that produces the board game. I know companies can get away with doing this if they make some changes. For instance, Zynga made Words with Friends, which is Scrabble with one tile's point value changed and the bonus square locations moved. My plan is to entirely re-theme the game, which is graphics intensive, by changing all images and rewriting all text. Is there any definitive definition of what I need to do to get away with this? I will definitely pay a lawyer in addition to whatever anyone says here, but what kind of lawyer should I look for? Someone skilled in copyright law? Thanks for your time.
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Apr 3, 2013 02:29
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You need to speak to a copyright lawyer, preferably one that also has experience with trade-marks and patents, which could also potentially have an impact on your ability to do this without getting sued. Scrabble was a quite old game when it was copied, you might have a much harder time if you're doing this with a modern game due to active patents. Hasbro also caused a lot of grief to Scrabulous with a trade-mark infringement suit.
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Apr 3, 2013 02:47
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Copyright and TM lawyer is what you need. Patents are going to be minimally relevant to the copying issue. But given that you just said you plan to copy it, you're an idiot. Part of Scrabulous/WWF argument was that they were independent creations in the same genre. Related, influenced by, sure - but copy of? You have problems.
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Apr 3, 2013 02:55
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