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Recent Legal Answers from Lawyers

Recent Legal Answers from Lawyers
Guardianships can be transferred from one state to another.  In Texas you will need to hire an Approved Guardianship Attorney and to register the guardianship, take a one hour online training and submit to a criminal background check.  You can find a list of Approved Guardianship Attorneys by searching that term on the State Bar of Texas website or contacting the probate court (or county court of law) in the county to which the guardianship will be transferred.  Keep in mind that many Approved Guardianship Attorneys practice in counties near the one in which they are registered.... Read More
Guardianships can be transferred from one state to another.  In Texas you will need to hire an Approved Guardianship Attorney and to register... Read More
You must be served with written notice of a lawsuit.  However, Adult Protective Services might not give written notice of an investigation at the outset.
You must be served with written notice of a lawsuit.  However, Adult Protective Services might not give written notice of an investigation at... Read More
Maybe. Your doctor needs to document precisely why the travel will adversely affect your health. Remember that by doing so your doctor could document that you are no longer able to perform the essential functions of your job. Technically disabled. Be careful. Better option is to accept the transfer and look for another job ASAP. I know that's tough. It's NYC. No one has time. But it's better to be employed while looking for work even though the City law says that unemployment cant be used against you in a job search. Good luck. Yours will be a tough one and hiring a lawyer for that is likely to cost a lot (not a contingent fee case since there does not appear to be money other than hopefully continued employment at the end) with no guarantees.... Read More
Maybe. Your doctor needs to document precisely why the travel will adversely affect your health. Remember that by doing so your doctor could document... Read More
You should immediately contact the Plaintiff's attorney by phone and explain the situation. Hopefully, they will agree to discontue the action. If not, you will need to have an answer submitted on your behalf. Thereafter, you can make a motion for Summary Judgment of dismissal based on you being an improper party. Thank You,Alan J. Goldberg, Esq.Goldberg, Scudieri & Lindenberg, P.C.6 East 45th Street14th FloorNew York, New York 10017Telephone: 212-921-1600Telecopier: 212-840-3941Agoldberg@gslnylaw.comwww.gslnylaw.com  ... Read More
You should immediately contact the Plaintiff's attorney by phone and explain the situation. Hopefully, they will agree to discontue the action. If... Read More
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event of extrinsic fraud.  Extrinsic fraud is a type of fraud that prevented you from being heard (i.e., lies about you having been served, which permitted court proceedings to go on without your notice).  This is different from intrinsic fraud, or fraud that forms the basis for a cause of action.  Many lawyers have trouble with these concepts so, without getting too philosophical, suffice it to say that you are a victim of the correct type of fraud that permits a court to exercise its revisory powers - extrinsic fraud. For these reasons, the best advice would be to immediately retain an attorney to file a motion to vacate the judgment due to extrinsic fraud.  Evidence that you were not served will have to be attached to the motion (i.e., the affidavit of service filed by the ex-wife states you were served on date X at Y location, but you have a football game ticket showing that you were at a football game on that date at that time, and you also have an affidavit from your friends saying you were there as well). One final thought.  If you did file anything in the action challenging the proceedings (i.e., a motion to vacate the order of default), and if those requests were denied, then you may want to immediately consult with an appellate lawyer.  There are strict deadlines to file an appeal - typically 30 days in most states - so it is imperative to act quickly if you asked the court for relief while the case was ongoing but those requests were denied.  You might also have appellate rights, even if you made no such requests, if the court made a child custody determination without hearing from any witnesses or evidence.  This is because there is case law in most states providing that, even in an uncontested case, a court must still hear from someone or review something before making a decision regarding the best interest of a child.  So, if the court ruled purely in a default fashion (meaning no evidence at all, just a ruling), then you should also seek appellate counsel.  Otherwise, focus on the advice in the first two paragraphs of this post.... Read More
I regret to hear that you received a family law default judgment.  Fortunately, most states afford revisory power to trial courts in the event... Read More

Should I allow myself to be served divorce paperwork?

Answered a day ago by attorney Mr. Jason Ostendorf   |   1 Answer   |  Legal Topics: Divorce
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are evading service.  If your husband files a motion requesting the court to permit such an alternative means of service, then you may be served without being aware of the service.  For instance, the court may allow your husband to effectuate service by publishing a notice in some news paper.  If that would occur, then you would be presumed to have been served even if you did not read the newspaper.  The potential harm from this is a family law order of default.  This could lead to the husband being awarded alimony, child custody, property division or other rights that directly and negatively affect you without your input. For this reason, my standard advice to people is to just accept service, and then hire a lawyer to deal with it so nothing goes wrong.  There is just too much that can go wrong if an ultimate order of default or default judgment is issued.  I do not practice law in California.... Read More
Most, perhaps all, states have procedures that allow defendants to be served by means other than personal delivery if it appears that they are... Read More
I would suggest you fill out the appliation and allow SSA to determine your eligibility.  It certainly doesn't hurtto apply. Attorney Scott F. Bocchio, Esq Legal Rights Advocates 855-254-7841  https://www.yourlegalrightsadvocates.com/ssdi-attorney/ 
I would suggest you fill out the appliation and allow SSA to determine your eligibility.  It certainly doesn't hurtto apply. Attorney Scott F.... Read More

How to revoke concurrent custody

Answered 2 days ago by attorney Chris Evan Ragano   |   1 Answer   |  Legal Topics: Child Custody
You will need to prove a substantial change in circumstances before you can petition the court to modify the custody and time sharing schedule. Not sure what those are based on your question? These will be controlled by Fla. Stat 61.13. Chris Ragano, Esq.
You will need to prove a substantial change in circumstances before you can petition the court to modify the custody and time sharing schedule. Not... Read More
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits. You will need to have your military retirement pay calculated for her percentage, if any. Also, you will neee to value your tsp as well. Hope this helps. Chris Ragano,Esq. ... Read More
Not sure how long your marriage is to your wife and her current employment situation. Sounds like your unable to work and will receive benefits.... Read More

I got divorced 31 years ago in Florida.

Answered 2 days ago by attorney Chris Evan Ragano   |   1 Answer   |  Legal Topics: Divorce
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and petition the court. Hope this helps, Chris Ragano, Esq.
The answer is no....unless the final judgment reserved jurisdiction over her request for alimony. For ex, if you retire, she can come back and... Read More