August 2009

Monthly Archive

My Ex Won’t Let me See or Speak to my Child, What Should I do?

Summary

My ex refuses to let me see our son, she also refuses to let me talk to our son.I pay child support through deductions from my weekly paycheck. I am in arrears, but I do have the right to talk to my son and see him. Can I sue for pain and suffering damages?

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.

“My ex refuses to let me see our son, she also refuses to let me talk to our son. I have not been able to see him for well over two years at this point. I pay child support through deductions from my weekly paycheck.

I am in arrears, but I do have the right to talk to my son and see him.

Can I sue for pain and suffering damages? This is causing a massive strain on me personally. This is the second time now that I have been refused my rights as a parent to see my child.”

You are absolutely right that your being in arrears on child support should have no bearing on whether you can see your child. Indeed, if you have a court order for timeshare with your son, if your ex refuses you access, you have a strong case to bring to the Court. In many states, this is in fact considered parental kidnapping.

You do not need to sue for pain and suffering, even if you could. You simply need to go back to the Court which issued your order for timeshare (visitation) and file an Order to Show Cause (OSC) letting the Court know that she is interfering with your visitation.

If you don’t already have such an order, then you need to get one, and pronto.

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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.

 

Is a Signed and Notarized Agreement Enough to Give Access to a Water Line?

Summary

We are in the process of selling our land and want to make sure the new owners have access to the water shut offs and sewer lines if neccessary. The lawyer won’t write up the easement with out the city noting where the water and sewer line lay. So is it legal for us to write up an agreement and have it notorized and signed by our neighbor?

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.

“We sold part of our land to our neighbor and it has 2 water shut offs and sewer line access on his land. We are in the process of selling our land and want to make sure the new owners have access to the water shut offs and sewer lines if neccessary. The lawyer won’t write up the easement with out the city noting where the water and sewer line lay. The city has no record of the exact location of the water and sewer lines on our property. So is it legal for us to write up an agreement and have it notorized and signed by our neighbor?”

Legal? Probably. Smart? No. If you can’t describe where the water and sewer lines are, in legal terms, then the agreement is vague enough that it is just an invitation to litigation. I would start by talking to a surveyor, and possibly a plumber (to locate the underground pipes); they may be able to create the legal description your attorney needs for a proper easement.

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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.