January 2011

Monthly Archive

How Can I Regain Custody of My Son From My Controlling Ex?

Summary

Although I am the custodial parent, my son chose to live with his father. Now, my ex is controlling my visits and won’t let me see my son unless he (my ex) is present. How can I regain actual custody of my son?

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.

‘Despite being the custodial parent, I allowed my 12 year old son to go live with his father because my son said he wanted to. Now his father will only let me see my son when he chooses and only in his presence. How do I get my son back since his father is saying he won’t let me have him. When we made the arrangement, his father was in agreement that it was only temporary.’

If it has only been a short while, and if you have a court order that spells out specifically when your son should be with you, then if your ex will not let you have your son during the times ordered by the court, your ex is guilty of parental kidnapping, and the police will (or should) enforce your court order, meaning they should accompany you to your ex’s house and help you retrieve your son.

If, however, your orders from the court do not spell out that your son should be with you during specific times, or if you have let the situation go on for a while, you may need to file a motion with the court to have your orders clarified, and your son returned to you.


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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.

 

Do Schools Have to Provide Seating for All Students in the Cafeteria?

Summary

My high school cafeteria only seats about a quarter of the students and the rest of us are forced to sit on the floor in the hallways, which seems to be a fire hazard. Are schools required to provide enough seating for their students?

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.

‘Hello, thank you for your time. It will be very helpful. My question is if a High School is required by law to provide enough seating during lunch for the whole school? I ask because my High School cafeteria fits about a fourth of my school, the rest of us are forced to sit on the floor in the tiled hallways. Not only does this seem to go against school regulations but it forms a crazy fire hazard as all the students sit on the floor in the main tiled hallway.’

I am unaware of any law that says that a school must provide adequate seating, but there *are* laws dealing with permissible occupancy and, as you mention, fire hazards. Your best bet would probably be to talk with a local fire chief to ask for guidance as to whether the situation you describe is, in fact, a fire hazard, and what can be done about it.


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.