Comments
refadmin wrote:
Dear Barb:
It may be a conflict of interest for the attorney who represented the boys to also represent the father in the custody case if the father and the boys could have opposing interests.
The DHS worker may end up a witness in the custody case. Once the neglect case is ended, your daughter may motion the court for a modification of custody in her favor. The goal is always reunification and therefore, the courts should favor your daughter if she is doing well.
Failure to pay child support is a separate issue and cannot be used to deny a parent their parental rights.
It may be a conflict of interest for the attorney who represented the boys to also represent the father in the custody case if the father and the boys could have opposing interests.
The DHS worker may end up a witness in the custody case. Once the neglect case is ended, your daughter may motion the court for a modification of custody in her favor. The goal is always reunification and therefore, the courts should favor your daughter if she is doing well.
Failure to pay child support is a separate issue and cannot be used to deny a parent their parental rights.
13/12 22:31:00
refadmin wrote:
Dear Hawk:
Yes, this is arguably illegal depending on the purpose. File a motion for a supervised administration and include the issue of the withdrawal of $800.00. Ask the court for your sister to provide an accounting. You may consider putting your issue in writing to her certified mail return receipt requested in order to lay a foundation for the motion.
Yes, this is arguably illegal depending on the purpose. File a motion for a supervised administration and include the issue of the withdrawal of $800.00. Ask the court for your sister to provide an accounting. You may consider putting your issue in writing to her certified mail return receipt requested in order to lay a foundation for the motion.
13/12 22:26:11
Barb DeLisle wrote:
My daughter lost temporary custody of her 2 boys in a neglect case. The father of the oldest boy 6 yrs. old has temporary custody. He has filed to get full custody. Can the father use in the custody case the boys lawyer and the DHS caseworker that are all involved in the neglect case that is still pending.Can they be used in the custody case as witnesses for the father.Both of these cases are going on at the same time. Instead of finishing the neglect case before starting the custody case.I would think that this would be conflict of intrest.Since the DHS caseworker is supposed to be helping my daughter reunify with her children.I have the other boy and I'm the grandmother.They say that the boy I have will probably go back to his mom, but the older one DHS is recomending that his father get him.Both boys were with their mom before all this.Why wouldnt they want her to reunify with both boys.The father owes 8,500.00 in back support and hasnt attemped to pay any of it during this or even before.He doesnt work so he dont have to pay support.
13/12 02:39:12
hawk wrote:
I just found out that my sister,(who is co executrix along with me,) and/or her husband, made ATM withdrawals totaling over $800.00 from my deceased mom's bank account after her death. This was before and including the day my sister and I made the account into an estate account. Was this illegal and what are my options?
28/11 07:13:10
swiftretro wrote:
My daughter is 16 and pregnant, she wants to leave and live somewhere else. Can I grant her that?
16/11 20:05:51
refadmin wrote:
Dear Curious:
Michigan codifies its legal interest rate at MCL 438.31. In reviewing the law, it appears to me that the applicable interest rate would be 7% per annum. If you believe that you have been charged more than the legal rate, consider taking the lender to court. You may achieve a settlement before any hearing takes place.
Michigan codifies its legal interest rate at MCL 438.31. In reviewing the law, it appears to me that the applicable interest rate would be 7% per annum. If you believe that you have been charged more than the legal rate, consider taking the lender to court. You may achieve a settlement before any hearing takes place.
03/08 12:53:51
curious wrote:
What is Michigan law regarding "usury"? What is the maximum amount of interest an individual can charge on a personal loan?
Background info: My husband borrowed money from a friend, who happens to also own a party store. My husband paid back the loan plus interest. The interest he paid was more than 10% of the loan. I started reading about usury on the internet and believe this "friend" is in violation of Michigan's usury law. If he is in violation, can anything be done to recover the excess interest that was paid?
Background info: My husband borrowed money from a friend, who happens to also own a party store. My husband paid back the loan plus interest. The interest he paid was more than 10% of the loan. I started reading about usury on the internet and believe this "friend" is in violation of Michigan's usury law. If he is in violation, can anything be done to recover the excess interest that was paid?
15/07 09:44:34
refadmin wrote:
Dear Help?:
As long as you are in a safe environment and you let your parent know where you are, it is unlikely that the police would come and retrieve you and bring you back. You should consider staying with your parents at least long enough to become enrolled for school next year. If you move out before you are enrolled in school, you will need your parent or a legal guardian to enroll you. The alternative is to finish school by getting your GED or by taking courses by mail or internet that will transfer to your high school so that you can graduate.
As long as you are in a safe environment and you let your parent know where you are, it is unlikely that the police would come and retrieve you and bring you back. You should consider staying with your parents at least long enough to become enrolled for school next year. If you move out before you are enrolled in school, you will need your parent or a legal guardian to enroll you. The alternative is to finish school by getting your GED or by taking courses by mail or internet that will transfer to your high school so that you can graduate.
11/07 16:45:09
refadmin wrote:
Dear Inquirer:
The police probably do not know what to do with the complaint. Since it is related to the internet, consider going to http://www.ic3.gov/default.... to report the problems.
The police probably do not know what to do with the complaint. Since it is related to the internet, consider going to http://www.ic3.gov/default.... to report the problems.
07/05 08:56:51
monsoon95 wrote:
Hi
I have a question regarding eavesdropping – I came across a website recently which I reported to Police, but which no-one seems to want to do anything about. It is a site featuring audio recordings of sexual activity between adults. Many of these are submitted by couples, but some state that they are recordings of peoples next door neighbors or of people in hotel rooms – the implication is that the person posting the recordings has made a tape from their own house or hotel room. Is this legal? My understanding is that eavesdropping laws are based on the individuals expectation of privacy – but what if, for example, the individuals involved are being so noisy and loud that the sound is coming through the walls – is there still the same ‘expectation of privacy’? I am trying to understand why no action is being taken against this website despite my reports.
Thanks
I have a question regarding eavesdropping – I came across a website recently which I reported to Police, but which no-one seems to want to do anything about. It is a site featuring audio recordings of sexual activity between adults. Many of these are submitted by couples, but some state that they are recordings of peoples next door neighbors or of people in hotel rooms – the implication is that the person posting the recordings has made a tape from their own house or hotel room. Is this legal? My understanding is that eavesdropping laws are based on the individuals expectation of privacy – but what if, for example, the individuals involved are being so noisy and loud that the sound is coming through the walls – is there still the same ‘expectation of privacy’? I am trying to understand why no action is being taken against this website despite my reports.
Thanks
28/04 07:43:34
refadmin wrote:
The landlord's agent is the person he/she holds out to the public to act on his/her behalf. A superintendent is an agent. An apartment manager is an agent.
You should send the letter to the superintendent, manager, and the owner. Keep a copy for your records. Deny responsibility for the bill. Briefly explain your argument. It is a strategy question as to what to put in the letter. Typically I do not expose my entire hand at one time to the opposition. Consider procuring statements from the neighbors.
You should send the letter to the superintendent, manager, and the owner. Keep a copy for your records. Deny responsibility for the bill. Briefly explain your argument. It is a strategy question as to what to put in the letter. Typically I do not expose my entire hand at one time to the opposition. Consider procuring statements from the neighbors.
14/04 09:16:03
Chris wrote:
Hello Renee,
The owner of the apartment where the tenants live was also aware of the problem in October. When I complained in February, he said that he had not heard back from the tenants, after their original October complaint, and assumed everything was taken care of. I have an email from him stating this.
I have 2 additional questions:
Is the landlord's agent the superintendent? That would make him my agent as well. Is it the property management Co? Who should I send the communication to?
I have an email time line, written and sent by the 1 of the 3 tenants next door.Would that be enough to include with my communication, denying that I am responsible for these extermination bills.
Also, Thank you for the reply. This situation is a nightmare. People do not quite understand how psychologically damaging this is unless it happens to them. I really appreciate your response and I will keep you posted if you like. Again, you have a wonderful web site and you are doing a great service for people in need.
Sincerely,
Chris
The owner of the apartment where the tenants live was also aware of the problem in October. When I complained in February, he said that he had not heard back from the tenants, after their original October complaint, and assumed everything was taken care of. I have an email from him stating this.
I have 2 additional questions:
Is the landlord's agent the superintendent? That would make him my agent as well. Is it the property management Co? Who should I send the communication to?
I have an email time line, written and sent by the 1 of the 3 tenants next door.Would that be enough to include with my communication, denying that I am responsible for these extermination bills.
Also, Thank you for the reply. This situation is a nightmare. People do not quite understand how psychologically damaging this is unless it happens to them. I really appreciate your response and I will keep you posted if you like. Again, you have a wonderful web site and you are doing a great service for people in need.
Sincerely,
Chris
13/04 13:57:04
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Renee C. Walsh a.k.a. LawRef