September 2008

Monthly Archive

My Child’s Biological Father is a Sex Offender, Can I Terminate his Parental Rights And Get a Restraining Order?

Summary

I have a 6 year old daughter who I have kept from her biological father for over 3 years, due to concerns for her safety. He is a level 3 registered sex offender in another state with an incest conviction involving his sister. Do I have grounds to severe his paternal rights, change her last name from his to mine, and put a restraining order in place?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I have a 6 year old daughter who I have kept from her biological father for over 3 years, due to concerns for her safety. He is a level 3 registered sex offender in another state with an incest conviction involving his sister. Lately he has sent cards stating he wants to come out to see her. The thought of this has caused her to have horrid nightmares. Do I have grounds to severe his paternal rights, change her last name from his to mine, and put a restraining order in place?”

It’s impossible to say both because the laws vary so widely from state to state, and because each case is so fact specific. Terminating a parent’s rights completely is very difficult to do, and usually only done under the most extreme of cases, but you should probably be able to get a restraining order at the very least.

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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

I Gave a Lawyer Access to my Checking Account for Billing Purposes and Now I have a Negative Balance, Is This Legal? What can I do?

Summary

A law firm attached his fees to my checking account. At the time my balance was $1.22, currently my Available Balance is over -$2,000 with a Running Balance of ($98.00). What exactly does this mean? The amount debited on Sept 25, 2008 was $100.00. Can he do this? I’m current unemployed looking for a job should I close down this account? When I find a job and deposit my checks will they take all of the money from my check? What can I do?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“A law firm attached his fees to my checking account. At the time my balance was $1.22, currently my Available Balance is over -$2,000 with a Running Balance of ($98.00). What exactly does this mean? The amount debited on Sept 25, 2008 was $100.00. Can he do this? I’m current unemployed looking for a job should I close down this account? When I find a job and deposit my checks will they take all of the money from my check? What can I do?”

While the laws governing banking, and creditor and debtor rights, are very complicated and governed by both Federal and state law, the bottom line isn’t really “can” he do that – he DID do it.

You need to talk with your *bank* to find out what your options are, and get this taken care of as soon as possible, as otherwise the fees are just going to snowball on you.

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A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.