|
That is such a purely state law question there is no general answer.
|
#
?
Apr 11, 2014 19:18
|
|
|
|
| # ? May 16, 2024 19:35 |
|
|
euphronius posted:That is such a purely state law question there is no general answer. That is also my response. The answer is often linked with repayment state benefits or a state's definition of paternity. There are 50 different versions, and no uniform rules. BAD CAT Birth certificate Admits under oath DNA test Cohabitation Allowed to use last name Tax return
|
|
#
?
Apr 11, 2014 21:06
|
|
|
This conversation got me thinking. My cousin has full custody of her 5 year old daughter because the father disappeared when she was born and never showed up for court dates. She is currently engaged to a man who acts as the child's father (she calls him dad, school/dance functions, etc.). I'm not sure if he's going to adopt her when they get married but for a hypothetical, let's say he doesn't. If they ever divorced, would he be entitled to any custody? Would he have to pay child support? Edit: This is in New York. AnonymousNarcotics fucked around with this message at 03:25 on Apr 12, 2014 |
|
#
?
Apr 11, 2014 23:05
|
|
|
AnonymousNarcotics posted:This conversation got me thinking. My cousin has full custody of her 5 year old daughter because the father disappeared when she was born and never showed up for court dates. She is currently engaged to a man who acts as the child's father (she calls him dad, school/dance functions, etc.). I'm not sure if he's going to adopt her when they get married but for a hypothetical, let's say he doesn't. If they ever divorced, would he be entitled to any custody? Would he have to pay child support? No, neither. But if there is no adoption, daughter would get no social security benefits if he dies or becomes disabled (regardless of marital status). That can be a big deal.
|
|
#
?
Apr 12, 2014 01:36
|
|
|
woozle wuzzle posted:No, neither. In texas, if he helped raise the child or lived with the child he actually could have standing to pursue custody or visitation. The standing rules can be surprisingly lax, but to actually get primary custody you have some more hoops to overcome. The point is, someone who really really wants some possession of their stepchild may be able to get some visits.
|
|
#
?
Apr 12, 2014 01:58
|
|
|
Hot Dog Day #91 posted:In texas, if he helped raise the child or lived with the child he actually could have standing to pursue custody or visitation. The standing rules can be surprisingly lax, but to actually get primary custody you have some more hoops to overcome. The point is, someone who really really wants some possession of their stepchild may be able to get some visits. Ahh, the "it varies by state" bites me in the rear end.
|
|
#
?
Apr 12, 2014 02:52
|
|
|
euphronius posted:That is such a purely state law question there is no general answer. Man, states get in the way of all the answers. I am really glad that immigration is basically all just federal law (unless you have a client with a criminal past and are trying to untangle how screwed they are). If we had to work every case differently for each state I would have killed myself by now.
|
|
#
?
Apr 12, 2014 03:32
|
|
|
Let's say a tenant uses a humidifier nightly while they sleep which results in noticeable water stains on the walls. The tenant moves out. I think it's obvious that the tenant is liable for the costs of painting over the stained walls, but is that actually the case? Does the landlord have to prove the water stains (and possible water damage) came from use of the humidifier and not a leak in the ceiling? A second hypothetical: Say the landlord notices a musty smell in the room after cleaning it. The landlord has a mold inspection service come out to make sure there is no mold growing in the walls of the room. Can the tenant be held liable for the costs of inspection (and subsequent mold removal, if need be)? Or is it basically impossible to prove that the tenant caused the damage, similar to the stain issue above? This hypothetical situation takes place in Texas.
|
|
#
?
Apr 14, 2014 17:32
|
|
|
The answer is in 2 places: the lease and Texas law. I dunno anything about either one. But basically, a judge will go by the letter of the lease. Secondary to all that is collections. Documenting expenses to eat up a security deposit is easy. Collecting beyond that is not.
|
|
#
?
Apr 14, 2014 17:48
|
|
|
areyoucontagious posted:Let's say a tenant uses a humidifier nightly while they sleep which results in noticeable water stains on the walls. The tenant moves out. I think it's obvious that the tenant is liable for the costs of painting over the stained walls, but is that actually the case? Does the landlord have to prove the water stains (and possible water damage) came from use of the humidifier and not a leak in the ceiling? In Texas, unless the lease says otherwise, the landlord may deduct the cost of "damage caused to the property by the tenant, beyond normal wear and tear" from the security deposit, in which case the tenant generally has the burden of taking the case to court and showing the deductions were unreasonable, and/or made in bad faith. In Texas, unless the lease says otherwise, the landlord may bring suit against the tenant to recover "damage caused to the property by the tenant, beyond normal wear and tear" that was not covered by the security deposit, in which case the the landlord generally has the burden of taking the case to court and showing the damages were the fault of the tenant. In all scenarios, the Tenant is ultimately responsible for the damages they cause to the house, and the term "normal wear and tear" is a case by case distinction in small claims court. The process isn't actually that important, because if its going to end up anywhere its going to end up in JP.
|
|
#
?
Apr 14, 2014 18:22
|
|
|
Nvm
|
|
#
?
Apr 14, 2014 18:23
|
|
|
Thanks guys. People in this hypothetical situation will have to look at the lease and see what needs to happen. If the landlord wanted to claim damages beyond the deposit, is it better to have a lawyer handle things or could they just send the ex-tenant a bill first?
|
|
#
?
Apr 14, 2014 18:56
|
|
|
areyoucontagious posted:Thanks guys. People in this hypothetical situation will have to look at the lease and see what needs to happen. If the landlord wanted to claim damages beyond the deposit, is it better to have a lawyer handle things or could they just send the ex-tenant a bill first? It shouldn't cost you(them) anything to talk to an attorney about the situation - your consultation should be free. If its a reputable attorney, they will tell you whether or not its worth it to hire them for anything. If you're in North Texas, Brazos County, or Travis County I can recommend someone.
|
|
#
?
Apr 14, 2014 19:05
|
|
|
areyoucontagious posted:Thanks guys. People in this hypothetical situation will have to look at the lease and see what needs to happen. If the landlord wanted to claim damages beyond the deposit, is it better to have a lawyer handle things or could they just send the ex-tenant a bill first? In my experience as a Texa attorney who handles tenant cases, it is likely that you'll get a bill in the mail if the damages exceed the deposit. If you don't pay the landlord probably won't take you to court but will probably report the debt on a credit report and rental history report. point: its unlikely you'll be sued. If you are, or are worried and rich, definitely go to a lawyer.
|
|
#
?
Apr 14, 2014 19:10
|
|
|
Hot Dog Day #91 posted:In my experience as a Texa attorney who handles tenant cases, it is likely that you'll get a bill in the mail if the damages exceed the deposit. If you don't pay the landlord probably won't take you to court but will probably report the debt on a credit report and rental history report. In this hypothetical situation I would care more about the landlord's position and less about the tenant. blarzgh, I would appreciate recommendations! Edit: Thanks again, it's nice to bounce ideas off you guys. Y'all are a smart bunch.
|
|
#
?
Apr 14, 2014 19:28
|
|
|
areyoucontagious posted:In this hypothetical situation I would care more about the landlord's position and less about the tenant. blarzgh, I would appreciate recommendations! Which County?
|
|
#
?
Apr 14, 2014 20:27
|
|
|
Travis, Austin area.
|
|
#
?
Apr 14, 2014 20:27
|
|
|
Cost of repainting after a tenant moves out is normally eaten by the landlord, I believe. So unless there's mold or anything that exceeds normal wear and tear, the landlord cannot deduct from the security deposit. There might be some wiggle room if the tenant had not been there very long and had completely destroyed the paint job.
|
|
#
?
Apr 15, 2014 07:20
|
|
|
I'm interested in the make and model of this hypothetical humidifier. Assuming you can turn it down so it doesn't ruin my walls, I think I'd like to buy one.
|
|
#
?
Apr 15, 2014 12:43
|
|
|
Question. My wife and I are having trouble with a neighbor that also happens to be a retired disabled police officer. Recently, this trouble ended up in court, with the judge literally kissing the officer's rear end while treating my wife like she was a piece of trash. Some of the testimony involved a former neighbor that perjured themselves ("I was there, I saw the whole thing!" when in fact he wasn't, and we have video to prove it). How should we handle this? I have called the local state attorney's office and I am waiting on a callback, but since this guy still has his local enforcement connections I am worried about reprisal. Also, in the future, if he enjoys protection from his fellow officers is it ok to deal with state police instead? This is florida.
|
|
#
?
Apr 15, 2014 13:38
|
|
|
fork bomb posted:Cost of repainting after a tenant moves out is normally eaten by the landlord, I believe. So unless there's mold or anything that exceeds normal wear and tear, the landlord cannot deduct from the security deposit. I agree, but I would also argue that water stains (huge ones, running from ceiling to floor) could be considered beyond normal wear and tear. Honestly the landlord in this situation should not expect to get any money anyway, given the nature of the hypothetical tenant.
|
|
#
?
Apr 15, 2014 13:39
|
|
|
peengers posted:Question. My wife and I are having trouble with a neighbor that also happens to be a retired disabled police officer. Recently, this trouble ended up in court, with the judge literally kissing the officer's rear end while treating my wife like she was a piece of trash. Some of the testimony involved a former neighbor that perjured themselves ("I was there, I saw the whole thing!" when in fact he wasn't, and we have video to prove it). How should we handle this? I have called the local state attorney's office and I am waiting on a callback, but since this guy still has his local enforcement connections I am worried about reprisal. Also, in the future, if he enjoys protection from his fellow officers is it ok to deal with state police instead? This is florida. Thank you for spending time in local law! I hope you enjoyed your stay.
|
|
#
?
Apr 15, 2014 14:03
|
|
|
peengers posted:Question. My wife and I are having trouble with a neighbor that also happens to be a retired disabled police officer. Recently, this trouble ended up in court, with the judge literally kissing the officer's rear end while treating my wife like she was a piece of trash. Some of the testimony involved a former neighbor that perjured themselves ("I was there, I saw the whole thing!" when in fact he wasn't, and we have video to prove it). How should we handle this? I have called the local state attorney's office and I am waiting on a callback, but since this guy still has his local enforcement connections I am worried about reprisal. Also, in the future, if he enjoys protection from his fellow officers is it ok to deal with state police instead? This is florida. I think this was a movie?
|
|
#
?
Apr 15, 2014 14:51
|
|
|
peengers posted:? This is florida. I think you answered your own question.
|
|
#
?
Apr 15, 2014 15:44
|
|
|
I practice in bumfuck Florida and have seen so much poo poo like this. You need to take it up with a good local attorney. I emphasize local because you need advice from someone who knows the layout of the good ole boy network and where the bodies are buried.
|
|
#
?
Apr 15, 2014 16:06
|
|
|
peengers posted:the judge literally kissing the officer's rear end Huh.
|
|
#
?
Apr 15, 2014 16:09
|
|
|
I'm just laughing imagining a judge literally kissing someone's rear end in the courtroom.
|
|
#
?
Apr 15, 2014 16:09
|
|
|
There has to be a latin legal term for that, right?
|
|
#
?
Apr 15, 2014 16:10
|
|
|
How dumb are you though to sue a retired cop who is buddies with the judge. Come on man.
|
|
#
?
Apr 15, 2014 16:10
|
|
|
Bad Munki posted:There has to be a latin legal term for that, right? callipygous impudicus
|
|
#
?
Apr 15, 2014 16:16
|
|
|
It's not that much of a stretch from wearing a penis pump while on the clock.
|
|
#
?
Apr 15, 2014 16:56
|
|
|
Javid posted:stretch 
|
|
#
?
Apr 15, 2014 18:00
|
|
|
euphronius posted:How dumb are you though to sue a retired cop who is buddies with the judge. Come on man. We didn't sue him, this was a civil infraction involving his son and my wife. Both were at fault, both got tickets, which isn't the issue. The issue is that the person that testified that he saw everything wasn't even home at the time, and didn't see anything. I don't want the case dropped or for anyone to get their money back because both people involved were being idiots and deserved the tickets they got. Soylent Pudding posted:I practice in bumfuck Florida and have seen so much poo poo like this. You need to take it up with a good local attorney. I emphasize local because you need advice from someone who knows the layout of the good ole boy network and where the bodies are buried. Yeah, we're dealing with one now for another issue who frankly isn't that good. My wife knows one of the judges, who highly recommended another one and I think we're going to switch. That said, the issue here isn't legal per se, but how to handle someone that perjured themselves. Advice I've seen ranges from "talk to the cops" to "talk to the state attorney", but the police are out and after talking to one of my state FDLE friends he said "state attorney" as well. I just wanted a sounding board to make sure I was headed in the right direction. Comedy forums note: in the last few years we've seen a cop go to jail for child porn, a husband and wife cop team go to jail for dealing coke and getting kickbacks from a towing company, a cop get fired for beating a paraplegic because he didn't get out of his vehicle quickly enough when asked, a cop that probably shot his wife was allowed to move out of state while they investigated it, and a cop that shot someone else in a road rage incident (and got a whopping 2 years in jail).
|
|
#
?
Apr 15, 2014 21:22
|
|
|
What point is attorney-client privilege established? Like if I were to call an attorney out of the yellow pages and say, "I have 10lbs of cocaine hidden up my rear end and the cops are at my door and are asking if they can come in and look around. Should I let them in?", could the attorney just hang up at that point and call the cops and say, "Make sure you take a good look at his plumbing"?
|
|
#
?
Apr 16, 2014 03:04
|
|
|
It applies then.
|
|
#
?
Apr 16, 2014 03:12
|
|
|
peengers posted:Comedy forums note: in the last few years we've seen a cop go to jail for child porn, a husband and wife cop team go to jail for dealing coke and getting kickbacks from a towing company, a cop get fired for beating a paraplegic because he didn't get out of his vehicle quickly enough when asked, a cop that probably shot his wife was allowed to move out of state while they investigated it, and a cop that shot someone else in a road rage incident (and got a whopping 2 years in jail). This sounds like an above average police force for Florida.
|
|
#
?
Apr 16, 2014 03:13
|
|
|
euphronius posted:It applies then. Crime-fraud exception?
|
|
#
?
Apr 16, 2014 03:15
|
|
|
SkunkDuster posted:What point is attorney-client privilege established? Like if I were to call an attorney out of the yellow pages and say, "I have 10lbs of cocaine hidden up my rear end and the cops are at my door and are asking if they can come in and look around. Should I let them in?", could the attorney just hang up at that point and call the cops and say, "Make sure you take a good look at his plumbing"? euphronius posted:It applies then. I know this is probably like Law School Exam Question but WHAT IF the caller didn't actually get the lawyer, and instead left the same message on said lawyer's voice mail? And say the caller gets charged with a related crime, but ends up with a different lawyer, and the first lawyer is never engaged? Can the voicemail be used as evidence? And what if all that happens before the first lawyer even listens to the message because he was overseas definitely not doing blow off a hooker's tits? Or what if the lawyer finds out they want the message and decides to listen to it? And what if other stuff, too! Bad Munki fucked around with this message at 03:27 on Apr 16, 2014 |
|
#
?
Apr 16, 2014 03:25
|
|
|
Everything ends up on the desk of some poor bar disciplinary counsel (and/or pretrial motions in the criminal trial depending on which side you're asking about) and gets haggled out during the investigation and hearing. There's not really a "correct" answer.
|
|
#
?
Apr 16, 2014 13:11
|
|
|
|
| # ? May 16, 2024 19:35 |
|
|
Sumter County, GA, USA - My mom is trying to keep goats in her backyard and I believe they are considered farm animals. She lives in the city and doesn't seem to understand that this is a bad idea. Is there something I can show her that this is a bad idea and can get her in trouble?
SlayVus fucked around with this message at 18:17 on Apr 17, 2014 |
|
#
?
Apr 17, 2014 18:15
|
|