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npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h081dht
h083kiy
1,622,572,764
1,622,573,718
93
198
I would also contact the PA attorney general's office. If this is a systemic problem in the state, they can open an investigation. They would also be the entity that could sue on behalf of their citizens. Also, AG's from other states also sue in collaboration with other AG's office. I view New York's Office of the Attorney General to be one of the most powerful governmental agency in the country. I worked there for a season and they use the carrot and the stick approach. Most entities in their sights opt for the carrot.
The banking side of RH should be regulated by the CFPB. I'd start with a complaint there: https://www.consumerfinance.gov/ Generate another with the SEC: https://www.sec.gov/oiea/Complaint.html I think CFPB is going to be your quickest resolution.
0
954
2.129032
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h083kiy
h07e5t0
1,622,573,718
1,622,562,682
198
81
The banking side of RH should be regulated by the CFPB. I'd start with a complaint there: https://www.consumerfinance.gov/ Generate another with the SEC: https://www.sec.gov/oiea/Complaint.html I think CFPB is going to be your quickest resolution.
Lawsuits should be your last option against a large corporation as the cost of litigation would exceed your loses. Keep up with the emails and document all communications sent and received. File a complaint with FINRA https://www.finra.org/investors/have-problem/file-complaint including attaching all of the correspondence so far. You also need to adjust your expectations...your recovery out of this is going to be limited to the amount in the account pre-takeover only. You won't get money for stress or for lost opportunity. And that isn't a guarantee. RH is playing hardball with everyone whose account has been compromised.
1
11,036
2.444444
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h07uimb
h083kiy
1,622,569,763
1,622,573,718
34
198
As others have suggested, sounds like you might have to lawyer up and send them a notice to expedite their response. I also wanted to mention that two-factor authentication is a good security measure, but it is not infallible and you could be the victim of sim card swapping or the attacker could have removed TFA from your account all together. Whoever has access to your account might appear to Robinhood as a legitimate user. You might have to go the lawyer route because Robinhood may not have the infrastructure to be able tell you are the original account owner if someone was so easily able to gain access and change all the information. I’m very sorry this happened to you. Hope you get it worked out soon.
The banking side of RH should be regulated by the CFPB. I'd start with a complaint there: https://www.consumerfinance.gov/ Generate another with the SEC: https://www.sec.gov/oiea/Complaint.html I think CFPB is going to be your quickest resolution.
0
3,955
5.823529
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h07gl3t
h083kiy
1,622,563,740
1,622,573,718
16
198
The is absolutely lawyer territory. I bet they respond then.
The banking side of RH should be regulated by the CFPB. I'd start with a complaint there: https://www.consumerfinance.gov/ Generate another with the SEC: https://www.sec.gov/oiea/Complaint.html I think CFPB is going to be your quickest resolution.
0
9,978
12.375
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h081dht
h07e5t0
1,622,572,764
1,622,562,682
93
81
I would also contact the PA attorney general's office. If this is a systemic problem in the state, they can open an investigation. They would also be the entity that could sue on behalf of their citizens. Also, AG's from other states also sue in collaboration with other AG's office. I view New York's Office of the Attorney General to be one of the most powerful governmental agency in the country. I worked there for a season and they use the carrot and the stick approach. Most entities in their sights opt for the carrot.
Lawsuits should be your last option against a large corporation as the cost of litigation would exceed your loses. Keep up with the emails and document all communications sent and received. File a complaint with FINRA https://www.finra.org/investors/have-problem/file-complaint including attaching all of the correspondence so far. You also need to adjust your expectations...your recovery out of this is going to be limited to the amount in the account pre-takeover only. You won't get money for stress or for lost opportunity. And that isn't a guarantee. RH is playing hardball with everyone whose account has been compromised.
1
10,082
1.148148
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h081dht
h07uimb
1,622,572,764
1,622,569,763
93
34
I would also contact the PA attorney general's office. If this is a systemic problem in the state, they can open an investigation. They would also be the entity that could sue on behalf of their citizens. Also, AG's from other states also sue in collaboration with other AG's office. I view New York's Office of the Attorney General to be one of the most powerful governmental agency in the country. I worked there for a season and they use the carrot and the stick approach. Most entities in their sights opt for the carrot.
As others have suggested, sounds like you might have to lawyer up and send them a notice to expedite their response. I also wanted to mention that two-factor authentication is a good security measure, but it is not infallible and you could be the victim of sim card swapping or the attacker could have removed TFA from your account all together. Whoever has access to your account might appear to Robinhood as a legitimate user. You might have to go the lawyer route because Robinhood may not have the infrastructure to be able tell you are the original account owner if someone was so easily able to gain access and change all the information. I’m very sorry this happened to you. Hope you get it worked out soon.
1
3,001
2.735294
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h081dht
h07gl3t
1,622,572,764
1,622,563,740
93
16
I would also contact the PA attorney general's office. If this is a systemic problem in the state, they can open an investigation. They would also be the entity that could sue on behalf of their citizens. Also, AG's from other states also sue in collaboration with other AG's office. I view New York's Office of the Attorney General to be one of the most powerful governmental agency in the country. I worked there for a season and they use the carrot and the stick approach. Most entities in their sights opt for the carrot.
The is absolutely lawyer territory. I bet they respond then.
1
9,024
5.8125
npwe59
legaladvice_train
0.98
Robinhood trading app has given my account to someone else, locked me out, and won't respond to contact. Now what? This is in Pennsylvania, USA. I had just over $40K in the Robinhood trading app. One day I woke up to a list of e-mail notifications saying things along the lines of "thanks for changing your personal information, thanks for opening a debit account, thanks for charging $5,000, thanks for selling X stocks" from Robinhood. Obviously someone had broken into my account, changed the personal information, and was stealing my money. My account was set up for 2-factor authentication, so it should have been impossible for someone to break in without me getting a text, but here we are. This should be a no-brainer for Robinhood to identify and resolve, right? Wrong. There's literally no way to contact Robinhood directly outside of sending them an e-mail. When I e-mail them, they respond with form letters saying "thanks for contacting us, we'll look into it and get back to you." It's been a week. In the meantime there's no way to access my account (the thief changed the password), I have no idea what's happening to my money, or if/when I'll get it back. I need that money; it's basically my life's savings. If you've never tried to contact Robinhood before you may think I'm exaggerating how difficult it is, but there are actually several lawsuits from people in similar situations. Apparently they're famous for just not responding to theft cases. It seems I may need to sue them to get my money back. And even if I get it back, I feel like I'm owed something for this amount of stress, not to mention however much money I'm losing by not being able to buy and sell as I had planned. How do I find an attorney who can help me with this?
h07uimb
h07gl3t
1,622,569,763
1,622,563,740
34
16
As others have suggested, sounds like you might have to lawyer up and send them a notice to expedite their response. I also wanted to mention that two-factor authentication is a good security measure, but it is not infallible and you could be the victim of sim card swapping or the attacker could have removed TFA from your account all together. Whoever has access to your account might appear to Robinhood as a legitimate user. You might have to go the lawyer route because Robinhood may not have the infrastructure to be able tell you are the original account owner if someone was so easily able to gain access and change all the information. I’m very sorry this happened to you. Hope you get it worked out soon.
The is absolutely lawyer territory. I bet they respond then.
1
6,023
2.125
438m0r
legaladvice_train
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I was given someone else's phone and told not to tell anyone and to get text messages off of it. I was given a phone this morning belonging to someone's mother. I was told to save all the messages between said mother and another party because of her communication with them during a custody battle between the woman's daughter and her child's father. I'm really uncomfortable getting involved. I know phones are kind of a gray area, and I just don't think I want any part in this. I'm in Maine.
czgm722
czghkm6
1,454,090,074
1,454,083,690
8
3
are you a professional forensic computer professional? if not, then the first thing is, nothing you get off of that phone is valid for anything in court, if you are not a functional "expert" anything you could give anyone is simply hearsay and not literally any kind of proof, especially given that the phone is stolen property and you are aware of this fact. if you are a forensics expert, I still would not touch it unless given by a lawyer, and having made sure the evidence chain is intact, and that the opposing lawyer is given the information you have it, and given an opportunity to have their "expert" give it the once over. right now it's just a stolen phone, any information you glean or give will be absolute crap and useless, not to mention theft......
While it sounds sketchy under any circumstance, we could do with a bit more information. What is your job, and your relation to these people?
1
6,384
2.666667
438m0r
legaladvice_train
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I was given someone else's phone and told not to tell anyone and to get text messages off of it. I was given a phone this morning belonging to someone's mother. I was told to save all the messages between said mother and another party because of her communication with them during a custody battle between the woman's daughter and her child's father. I'm really uncomfortable getting involved. I know phones are kind of a gray area, and I just don't think I want any part in this. I'm in Maine.
czgm722
czglkob
1,454,090,074
1,454,089,229
8
5
are you a professional forensic computer professional? if not, then the first thing is, nothing you get off of that phone is valid for anything in court, if you are not a functional "expert" anything you could give anyone is simply hearsay and not literally any kind of proof, especially given that the phone is stolen property and you are aware of this fact. if you are a forensics expert, I still would not touch it unless given by a lawyer, and having made sure the evidence chain is intact, and that the opposing lawyer is given the information you have it, and given an opportunity to have their "expert" give it the once over. right now it's just a stolen phone, any information you glean or give will be absolute crap and useless, not to mention theft......
You could wipe it clean and use it yourself, free phone! /s don't actually do this. Turn it in at a police station.
1
845
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438m0r
legaladvice_train
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I was given someone else's phone and told not to tell anyone and to get text messages off of it. I was given a phone this morning belonging to someone's mother. I was told to save all the messages between said mother and another party because of her communication with them during a custody battle between the woman's daughter and her child's father. I'm really uncomfortable getting involved. I know phones are kind of a gray area, and I just don't think I want any part in this. I'm in Maine.
czghkm6
czglkob
1,454,083,690
1,454,089,229
3
5
While it sounds sketchy under any circumstance, we could do with a bit more information. What is your job, and your relation to these people?
You could wipe it clean and use it yourself, free phone! /s don't actually do this. Turn it in at a police station.
0
5,539
1.666667
zmej6r
legaladvice_train
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0amjdk
j0aqxs5
1,671,086,957
1,671,090,253
220
253
He needs to file a workers comp claim immediately.
The lateness of the hour and the fact that it was a call-in shift are not relevant. Worker's compensation is a "no-fault / sole-remedy" system. Even if it was negligent that his boss called him in at night, or negligent that he didn't take safety measures around the machine... doesn't matter for compensation for his injuries. This is a totally normal worker's compensation claim. Because there will be some permanent disfigurement there should be a settlement beyond paying for his medical bills, though a fingertip is obviously not as major a disfigurement as a hand or leg or eye. >What can I do You can help your husband hire a worker's compensation attorney to help him make sure he gets what he's entitled to.
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zmej6r
legaladvice_train
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0aqxs5
j0ans5d
1,671,090,253
1,671,087,861
253
10
The lateness of the hour and the fact that it was a call-in shift are not relevant. Worker's compensation is a "no-fault / sole-remedy" system. Even if it was negligent that his boss called him in at night, or negligent that he didn't take safety measures around the machine... doesn't matter for compensation for his injuries. This is a totally normal worker's compensation claim. Because there will be some permanent disfigurement there should be a settlement beyond paying for his medical bills, though a fingertip is obviously not as major a disfigurement as a hand or leg or eye. >What can I do You can help your husband hire a worker's compensation attorney to help him make sure he gets what he's entitled to.
Look up your states worker's comp procedures and make sure the employee part of the claim/notification is filled out. Also wouldn't hurt to notify OSHA if you think the company won't (they are required to), but they won't do anything that affects his case specifically.
1
2,392
25.3
zmej6r
legaladvice_train
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0d77oh
j0bmaat
1,671,134,929
1,671,112,407
17
11
I cant comment on the workers comp claim but my husband recently lost the majority of his left thumb. From.the accidental death and dismemberment, if you have insurance, don't get your hopes up for any money. Companies usually only pay out a dismemberment claim if major functionality is lost. So my husband lost his thumb, that wasn't enough for them, he would have had to lose both his thumb and pointer finger on the same hand to get 10% of your policy's worth. Also when it comes to getting a medical device/finger prosthetic, most insurance companies consider fingers (and half the time thumbs) to br cosmetic as your hand can still function and will not cover the cost of a prosthetic. If he wants a prosthetic, I highly recommend looking into Naked Prosthetics as they specialize in fingers and thumbs, they are also built to be functional and durable. My husband had his accident late July 2022 and still has not gone back to work as a nurse due to sensitivity of his thumb (he also doesn't have his prosthetic back and may be having an additional surgery to block the nerve to reduce sensitivity). Honestly the healing process will go so much faster than you think and I recommend being as supportive as possible, this'll be a big change for him. I guess my last thought would be the timeline for what happened to my husband. Accident in late July 2022, started working part time as a professor in October (when he felt comfortable doing some work), started therapy in late September and is still going, started the process to get a prosthetic in late October, we are hoping to have his prosthetic by the end of February 2023.
As others have stated, get an attorney for this to ensure your husband gets everything he's entitled to. As for the joking, remember that your husband was probably loaded with painkillers at the hospital. His demeanor about everything can and likely will change once that wears off.
1
22,522
1.545455
zmej6r
legaladvice_train
0.88
my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0d77oh
j0ans5d
1,671,134,929
1,671,087,861
17
10
I cant comment on the workers comp claim but my husband recently lost the majority of his left thumb. From.the accidental death and dismemberment, if you have insurance, don't get your hopes up for any money. Companies usually only pay out a dismemberment claim if major functionality is lost. So my husband lost his thumb, that wasn't enough for them, he would have had to lose both his thumb and pointer finger on the same hand to get 10% of your policy's worth. Also when it comes to getting a medical device/finger prosthetic, most insurance companies consider fingers (and half the time thumbs) to br cosmetic as your hand can still function and will not cover the cost of a prosthetic. If he wants a prosthetic, I highly recommend looking into Naked Prosthetics as they specialize in fingers and thumbs, they are also built to be functional and durable. My husband had his accident late July 2022 and still has not gone back to work as a nurse due to sensitivity of his thumb (he also doesn't have his prosthetic back and may be having an additional surgery to block the nerve to reduce sensitivity). Honestly the healing process will go so much faster than you think and I recommend being as supportive as possible, this'll be a big change for him. I guess my last thought would be the timeline for what happened to my husband. Accident in late July 2022, started working part time as a professor in October (when he felt comfortable doing some work), started therapy in late September and is still going, started the process to get a prosthetic in late October, we are hoping to have his prosthetic by the end of February 2023.
Look up your states worker's comp procedures and make sure the employee part of the claim/notification is filled out. Also wouldn't hurt to notify OSHA if you think the company won't (they are required to), but they won't do anything that affects his case specifically.
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0bpfqk
j0d77oh
1,671,113,851
1,671,134,929
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Good advice so far but I'd like to add to keep meticulous records from here on out. Even the most banal things, be sure to document them. Also keep all receipts that may be tangentially related to his care.
I cant comment on the workers comp claim but my husband recently lost the majority of his left thumb. From.the accidental death and dismemberment, if you have insurance, don't get your hopes up for any money. Companies usually only pay out a dismemberment claim if major functionality is lost. So my husband lost his thumb, that wasn't enough for them, he would have had to lose both his thumb and pointer finger on the same hand to get 10% of your policy's worth. Also when it comes to getting a medical device/finger prosthetic, most insurance companies consider fingers (and half the time thumbs) to br cosmetic as your hand can still function and will not cover the cost of a prosthetic. If he wants a prosthetic, I highly recommend looking into Naked Prosthetics as they specialize in fingers and thumbs, they are also built to be functional and durable. My husband had his accident late July 2022 and still has not gone back to work as a nurse due to sensitivity of his thumb (he also doesn't have his prosthetic back and may be having an additional surgery to block the nerve to reduce sensitivity). Honestly the healing process will go so much faster than you think and I recommend being as supportive as possible, this'll be a big change for him. I guess my last thought would be the timeline for what happened to my husband. Accident in late July 2022, started working part time as a professor in October (when he felt comfortable doing some work), started therapy in late September and is still going, started the process to get a prosthetic in late October, we are hoping to have his prosthetic by the end of February 2023.
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zmej6r
legaladvice_train
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0ans5d
j0bmaat
1,671,087,861
1,671,112,407
10
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Look up your states worker's comp procedures and make sure the employee part of the claim/notification is filled out. Also wouldn't hurt to notify OSHA if you think the company won't (they are required to), but they won't do anything that affects his case specifically.
As others have stated, get an attorney for this to ensure your husband gets everything he's entitled to. As for the joking, remember that your husband was probably loaded with painkillers at the hospital. His demeanor about everything can and likely will change once that wears off.
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zmej6r
legaladvice_train
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my husband's boss called him into work in the middle of the night and he lost the tip of his finger Like the title says, he was called in very late to work on some machinery and had the tip of his right middle finger ripped off. His boss took him to the emergency room and got it cleaned up and they're going to operate tomorrow. He's going to lose quite a bit of his finger. When I got there he and boss were joking around about how he'll be back to work in no time but I'm PISSED. He's maimed! What can I do?
j0bpfqk
j0ans5d
1,671,113,851
1,671,087,861
11
10
Good advice so far but I'd like to add to keep meticulous records from here on out. Even the most banal things, be sure to document them. Also keep all receipts that may be tangentially related to his care.
Look up your states worker's comp procedures and make sure the employee part of the claim/notification is filled out. Also wouldn't hurt to notify OSHA if you think the company won't (they are required to), but they won't do anything that affects his case specifically.
1
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3u9b8w
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(Florida) Is there anything we can do about my husbands exwife calling us demanding money then threatening us/calling cps or the police when we don't ? My husband has custody of his two children from his previous marriage, they live with us and see their every other weekend. She usually pays child support but has lapsed multiple times and we have taken her to court over it, she's been paying for the last 7 months. Their mother calls us regularly and demands large amounts of money and when we don't send her any she either threatens us or calls cps or the police and says we beat the kids(we obviously don't). Is there anything we can do about this? We've called the police about this before but they won't help us since we don't have "proof", I guess multiple false calls isn't proof to them. For those curious her latest attempt at extortion was asking for $1,500 so she could buy the kids "Starlily the unicorn"....the unicorn only costs ~$100.
cxdd1is
cxddybo
1,448,508,845
1,448,510,733
2
8
Keep a log with date and time of each call or anything she does. Write the date of each note she sends home with the kids, and of course, keep the notes. This is the sort of thing that may help if you do get a restraining order.
Tell her you will only communicate via text. Screenshot everything
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsesfwm
dseu0i4
1,515,490,856
1,515,495,084
131
470
Wow, I am very sorry for the troubles youre going through. You seem incredibly level headed even in grief! The audacity of that woman to "need to travel" as her EX HUSBAND has passed. I cannot imagine your frustration! I grew up in a single income household, and although I wasnt forced or needed to, I worked and would give my mom half the money I made through middle school and highschool....maybe talk to the children when the time is right. If not for bills, but to make themselves feel independent and Im sure it would take some stress off. I hope the best for you!
WOW. OK, Dad passed away and mom doesn't want them. OUCH. I feel sorry for those 3 children. I am not a lawyer but am familiar with some of this. 1. Call the police and report the 3 children that she abandoned. I'd be surprised if she really was in Ireland. If she is out of the country, she may be extraditable. She is, at least, responsible for their child support after all. 2. Contact Social Security and apply for survivors benefits for you and your 2 children. A. You will need to set up a representative payee checking account for each child. Direct deposit their checks. You will need to keep track of every single penny spent. (I kept every single receipt) Social Security can and will audit the accounts should there ever be suspicion that the money is not being spent for the childrens benefit or their mom decides to accuse you of keeping the money. If you don't need the money to care for them, one of the legal types here can suggest the best way to put the money away for college. Again, you will need a paper trail. 3. If you want to keep her 3 kids, contact a lawyer to walk you through that legal process. The state will want to keep them together and give them to a family member. Other family members, including their mother, will have the opportunity to request custody and plead their case. 4. Once you have legal custody of the children, apply for their survivors benefits. They should receive backpay to their fathers date of death. 5. Get those kids into counseling.
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsf1p8r
dsesfwm
1,515,509,149
1,515,490,856
372
131
Not a lawyer, The mother is going to blow through that money so fast. the first thing she did with the money was to go on an international vacation. This spells complications for you/her later on. You need a locked down plan, if you want these kids make sure its not just a verbal agreement (lawyer up).
Wow, I am very sorry for the troubles youre going through. You seem incredibly level headed even in grief! The audacity of that woman to "need to travel" as her EX HUSBAND has passed. I cannot imagine your frustration! I grew up in a single income household, and although I wasnt forced or needed to, I worked and would give my mom half the money I made through middle school and highschool....maybe talk to the children when the time is right. If not for bills, but to make themselves feel independent and Im sure it would take some stress off. I hope the best for you!
1
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7p5vdj
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsf1p8r
dsevpoj
1,515,509,149
1,515,499,253
372
41
Not a lawyer, The mother is going to blow through that money so fast. the first thing she did with the money was to go on an international vacation. This spells complications for you/her later on. You need a locked down plan, if you want these kids make sure its not just a verbal agreement (lawyer up).
You say “take the older kids”, so I’m assuming you have younger children with him as well. I think it would be odd for him to only have a policy covering his ex and the older children and not you and the younger children as well. Look for an additional Life insurance policy; perhaps through his work, or one through your mortgage company which covers the mortgage in the event he passes. But yes; you need to set up Social Security Survivors benefits for all the kids. Typically you have to prove that you’re the recognized legal guardian to set yourself up as the representative payee; but talk to the SS office about your situation and see what they recommend. If this turns into a long term issue; you can file a request for child support from the mom.
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7p5vdj
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsexmd6
dsf1p8r
1,515,503,056
1,515,509,149
24
372
I'm very sorry for your loss. LocationBot probably won't pick it up because you named a different country, but you didn't mention where you are. Where are you and the children currently located?
Not a lawyer, The mother is going to blow through that money so fast. the first thing she did with the money was to go on an international vacation. This spells complications for you/her later on. You need a locked down plan, if you want these kids make sure its not just a verbal agreement (lawyer up).
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsexu7w
dsf1p8r
1,515,503,438
1,515,509,149
23
372
Where are you? There are some states that are beginning to recognize that the relationship between child and step-parent can be just as important if not more so than a bio parent when there is a death of one or more bio parents. e.g. both bio parents die and a step-parent can get custody over a bio aunt or uncle that the kids are not familiar with or the custodial bio parent dies but new spouse gets custody because other bio parent can't / doesn't want full custody or responsibility. Also, it may be worth looking in to your state's laws on child abandonment. If bio mom leaves them with you with no contact or intention of returning to get them for a period of time then you could (again depending on your state) seek to legally adopt your step children because they have been abandoned. Courts generally prefer bio parents, but you can argue abandonment an best interests of the kids. Plus, the 13 year old is about the age where the judge may ask what they think or they want to do, so make sure you discuss this with the kids (don't bash bio mom) feel them out to see what they think. Just FYI, adopting will terminate bio mom's parental rights, and any child support responsibilities that she may have. So don't count on money from her if you choose to go this route. I wish you luck and appreciate you stepping up to care for these children, they are lucky to have a step parent that cares so much for them.
Not a lawyer, The mother is going to blow through that money so fast. the first thing she did with the money was to go on an international vacation. This spells complications for you/her later on. You need a locked down plan, if you want these kids make sure its not just a verbal agreement (lawyer up).
0
5,711
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsf1p8r
dsezs8e
1,515,509,149
1,515,506,477
372
16
Not a lawyer, The mother is going to blow through that money so fast. the first thing she did with the money was to go on an international vacation. This spells complications for you/her later on. You need a locked down plan, if you want these kids make sure its not just a verbal agreement (lawyer up).
Everyone has pretty much covered social security and handling the abandonment. I'd just add there might be a legal path to getting child support payments from her in the long run if she gives up custody of the kids. Worth talking to a lawyer about the viability of. Three extra kids is a lot of expenses and she should be paying her part.
1
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsesfwm
dsf4i8m
1,515,490,856
1,515,512,483
131
233
Wow, I am very sorry for the troubles youre going through. You seem incredibly level headed even in grief! The audacity of that woman to "need to travel" as her EX HUSBAND has passed. I cannot imagine your frustration! I grew up in a single income household, and although I wasnt forced or needed to, I worked and would give my mom half the money I made through middle school and highschool....maybe talk to the children when the time is right. If not for bills, but to make themselves feel independent and Im sure it would take some stress off. I hope the best for you!
So she basically took the life insurance policy and went on a vacation
0
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsf4i8m
dsevpoj
1,515,512,483
1,515,499,253
233
41
So she basically took the life insurance policy and went on a vacation
You say “take the older kids”, so I’m assuming you have younger children with him as well. I think it would be odd for him to only have a policy covering his ex and the older children and not you and the younger children as well. Look for an additional Life insurance policy; perhaps through his work, or one through your mortgage company which covers the mortgage in the event he passes. But yes; you need to set up Social Security Survivors benefits for all the kids. Typically you have to prove that you’re the recognized legal guardian to set yourself up as the representative payee; but talk to the SS office about your situation and see what they recommend. If this turns into a long term issue; you can file a request for child support from the mom.
1
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7p5vdj
legaladvice_train
0.98
My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsf4i8m
dsexmd6
1,515,512,483
1,515,503,056
233
24
So she basically took the life insurance policy and went on a vacation
I'm very sorry for your loss. LocationBot probably won't pick it up because you named a different country, but you didn't mention where you are. Where are you and the children currently located?
1
9,427
9.708333
7p5vdj
legaladvice_train
0.98
My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsexu7w
dsf4i8m
1,515,503,438
1,515,512,483
23
233
Where are you? There are some states that are beginning to recognize that the relationship between child and step-parent can be just as important if not more so than a bio parent when there is a death of one or more bio parents. e.g. both bio parents die and a step-parent can get custody over a bio aunt or uncle that the kids are not familiar with or the custodial bio parent dies but new spouse gets custody because other bio parent can't / doesn't want full custody or responsibility. Also, it may be worth looking in to your state's laws on child abandonment. If bio mom leaves them with you with no contact or intention of returning to get them for a period of time then you could (again depending on your state) seek to legally adopt your step children because they have been abandoned. Courts generally prefer bio parents, but you can argue abandonment an best interests of the kids. Plus, the 13 year old is about the age where the judge may ask what they think or they want to do, so make sure you discuss this with the kids (don't bash bio mom) feel them out to see what they think. Just FYI, adopting will terminate bio mom's parental rights, and any child support responsibilities that she may have. So don't count on money from her if you choose to go this route. I wish you luck and appreciate you stepping up to care for these children, they are lucky to have a step parent that cares so much for them.
So she basically took the life insurance policy and went on a vacation
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsezs8e
dsf4i8m
1,515,506,477
1,515,512,483
16
233
Everyone has pretty much covered social security and handling the abandonment. I'd just add there might be a legal path to getting child support payments from her in the long run if she gives up custody of the kids. Worth talking to a lawyer about the viability of. Three extra kids is a lot of expenses and she should be paying her part.
So she basically took the life insurance policy and went on a vacation
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsevpoj
dsf6kea
1,515,499,253
1,515,514,610
41
50
You say “take the older kids”, so I’m assuming you have younger children with him as well. I think it would be odd for him to only have a policy covering his ex and the older children and not you and the younger children as well. Look for an additional Life insurance policy; perhaps through his work, or one through your mortgage company which covers the mortgage in the event he passes. But yes; you need to set up Social Security Survivors benefits for all the kids. Typically you have to prove that you’re the recognized legal guardian to set yourself up as the representative payee; but talk to the SS office about your situation and see what they recommend. If this turns into a long term issue; you can file a request for child support from the mom.
You need a family law attorney, now. She's apparently abandoning her parental responsibilities, and since you now have 100% custody, she would owe you child support. But you're not their parent, so this is a mess. Obviously she's gotten the insurance money and fucked off to Ireland, and probably doesn't intend on coming back at all. But if you start pursuing her for custody and child support, she'll probably come back and try to take the kids back.
0
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsexmd6
dsf6kea
1,515,503,056
1,515,514,610
24
50
I'm very sorry for your loss. LocationBot probably won't pick it up because you named a different country, but you didn't mention where you are. Where are you and the children currently located?
You need a family law attorney, now. She's apparently abandoning her parental responsibilities, and since you now have 100% custody, she would owe you child support. But you're not their parent, so this is a mess. Obviously she's gotten the insurance money and fucked off to Ireland, and probably doesn't intend on coming back at all. But if you start pursuing her for custody and child support, she'll probably come back and try to take the kids back.
0
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7p5vdj
legaladvice_train
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsexu7w
dsf6kea
1,515,503,438
1,515,514,610
23
50
Where are you? There are some states that are beginning to recognize that the relationship between child and step-parent can be just as important if not more so than a bio parent when there is a death of one or more bio parents. e.g. both bio parents die and a step-parent can get custody over a bio aunt or uncle that the kids are not familiar with or the custodial bio parent dies but new spouse gets custody because other bio parent can't / doesn't want full custody or responsibility. Also, it may be worth looking in to your state's laws on child abandonment. If bio mom leaves them with you with no contact or intention of returning to get them for a period of time then you could (again depending on your state) seek to legally adopt your step children because they have been abandoned. Courts generally prefer bio parents, but you can argue abandonment an best interests of the kids. Plus, the 13 year old is about the age where the judge may ask what they think or they want to do, so make sure you discuss this with the kids (don't bash bio mom) feel them out to see what they think. Just FYI, adopting will terminate bio mom's parental rights, and any child support responsibilities that she may have. So don't count on money from her if you choose to go this route. I wish you luck and appreciate you stepping up to care for these children, they are lucky to have a step parent that cares so much for them.
You need a family law attorney, now. She's apparently abandoning her parental responsibilities, and since you now have 100% custody, she would owe you child support. But you're not their parent, so this is a mess. Obviously she's gotten the insurance money and fucked off to Ireland, and probably doesn't intend on coming back at all. But if you start pursuing her for custody and child support, she'll probably come back and try to take the kids back.
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My husband died and his exwife has just left the kids here Hi everyone, Just over a month ago, my husband passed away. He has three kids with his ex wife, who spend half of their time with us (ages 7-13), and he and I have twin two year olds together. He had a life insurance policy in his ex-wife's name so that she would be able to take care of the kids in the event of his death (she would probably struggle otherwise to keep her house without child support payments). The kids were all staying with us when it happened, and wanted to stay through all of the activity in the weeks after. I was happy to have them, and she agreed. I don't remember those first few weeks very well. After a few weeks I asked her what her plans were and when she wanted to pick them up, and she talked with the kids and then told me a week. They agreed that that was what they wanted and had asked her for. In this conversation I suggested continuing a 50/50 plan informally, which she seemed open too. A week passed (with bizarrely very little contact from her - she usually calls the kids every day). I called her at the end, and she told me that she couldn't come to get them, as she was in Ireland (???) and would be there for travel after "a good while". She says she needs this trip for her mental health as her ex-husband had just died. I'm at a loss. I don't know what to do other than I guess keep going and hope she comes back? Finances are going to be a huge issue, especially with all five of them full time. And then there's just the day-to-day hourly work of being a good parent, and I need to work, and I think I'm still in shock, and once it wears off I don't know how I will function. I don't know what to do. My first priority is whatever the hell is best for all of the kids. If that means taking the older three in full time, okay. My question there is: what's the legality of it? Is there anything I can do to stop her from blowing back into town in a few months and stopping me from ever seeing them? Secondarily: money. I'm doing okay enough that I could keep the house even without my husband's income, but I don't know how much I'll be able to save for things like college, future expenses, etc. Probably not very much, and the older three really need money being put into their college accounts. Can I legally require her to contribute, especially if the kids are with me full time? ~~~~ tldr: My husband died. A month later his ex-wife is off in Ireland doing g*d knows what, and has left my step kids with me. I want to know where I stand legally.
dsezs8e
dsf6kea
1,515,506,477
1,515,514,610
16
50
Everyone has pretty much covered social security and handling the abandonment. I'd just add there might be a legal path to getting child support payments from her in the long run if she gives up custody of the kids. Worth talking to a lawyer about the viability of. Three extra kids is a lot of expenses and she should be paying her part.
You need a family law attorney, now. She's apparently abandoning her parental responsibilities, and since you now have 100% custody, she would owe you child support. But you're not their parent, so this is a mess. Obviously she's gotten the insurance money and fucked off to Ireland, and probably doesn't intend on coming back at all. But if you start pursuing her for custody and child support, she'll probably come back and try to take the kids back.
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t8r5ps
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzpl4p2
hzpl8cr
1,646,665,667
1,646,665,712
63
2,615
What does the contract/or agreement say?
Document *everything*- each receipt, copy of check, screenshots of every text, every meme, every photo- everything. Do not throw away, delete, or lose anything related to this. Then sue in small claims court.
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzpyb0u
hzpl4p2
1,646,671,106
1,646,665,667
649
63
What state are you in? Is he licensed and bonded? If he has a license, you can file a complaint to your state's licensing board. You can also file a consumer complaint with the state AG, as well as a police report for harassment. In some states, this harassment would be enough for a protection order. Criminal charges can then make restitution part of any plea deal he makes to either get the charges dropped or plea down. In your complaints, make sure you include both the text harassment, the refusal to refund money, and the threats over bad reviews (state AGs are starting to crack down explicitly on this). The reason I suggesting going hard, is that a.) it's almost certain he does this to other women, and b.) your sister doesn't deserve to be treated this way whatsoever.
What does the contract/or agreement say?
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t8r5ps
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzpl4p2
hzqewgg
1,646,665,667
1,646,677,498
63
77
What does the contract/or agreement say?
I might also contact my state's Attorneys General office and its Consumer Protection Unit. This shit cannot be tolerated. Your poor sister! What an awful predicament.
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzqewgg
hzq8j5i
1,646,677,498
1,646,675,078
77
17
I might also contact my state's Attorneys General office and its Consumer Protection Unit. This shit cannot be tolerated. Your poor sister! What an awful predicament.
I don’t see anywhere that you included what state this is happening in- in some states, if it affects the contractor’s license, you may be getting an administrative court involved as well, although that may be fact specific. If you update your post to include the state you might get a better answer.
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzpl4p2
hzr2bba
1,646,665,667
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What does the contract/or agreement say?
Call the police, blackmail is illegal
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzqfshv
hzr2bba
1,646,677,837
1,646,686,524
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65
Report him to your city’s permitting department and to any licensing government body. See if your contract includes his insurance information. Demand he refund the money or you will report him to his insurer. File a stalking report with the police
Call the police, blackmail is illegal
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t8r5ps
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzq8j5i
hzr2bba
1,646,675,078
1,646,686,524
17
65
I don’t see anywhere that you included what state this is happening in- in some states, if it affects the contractor’s license, you may be getting an administrative court involved as well, although that may be fact specific. If you update your post to include the state you might get a better answer.
Call the police, blackmail is illegal
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzq8j5i
hzqfshv
1,646,675,078
1,646,677,837
17
52
I don’t see anywhere that you included what state this is happening in- in some states, if it affects the contractor’s license, you may be getting an administrative court involved as well, although that may be fact specific. If you update your post to include the state you might get a better answer.
Report him to your city’s permitting department and to any licensing government body. See if your contract includes his insurance information. Demand he refund the money or you will report him to his insurer. File a stalking report with the police
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“Paid a $2,000 deposit to a contractor who afterwards texted me sexual texts, memes, and pictures. I (32F, single mom) don’t feel safe with him in my house. He is now refusing to refund my money and is threatening to publicly embarrass me unless I agree to not give him bad reviews.” Asking for my sister who doesn’t have Reddit. What are her legal options?
hzr5ssl
hzq8j5i
1,646,687,839
1,646,675,078
20
17
If he is licensed then you've got him by the short and curlies. Call the police and file a report for harassment. Then contact the state licensing board and report him.
I don’t see anywhere that you included what state this is happening in- in some states, if it affects the contractor’s license, you may be getting an administrative court involved as well, although that may be fact specific. If you update your post to include the state you might get a better answer.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39o3e7
e39o4tv
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Not you, your husband's estate. It is highly suspect that she is making this claim now, soon after his death.
She cannot come after you for "child support" what she could do is seek a share of his estate for the child. What you need to do is contact a family law attorney, hopefully with some estate experience, and be prepared to fight a legal battle over paternity and then about his estate. * Edit - I'd also note that this sort of thing is not an uncommon scam, you should not give this woman anything absent a court order to do so.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39o6e3
e39o3e7
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I am not a lawyer Get a lawyer and have him craft a letter to her demanding a paternity test to prove her assertion. I saw this exact same situation here a few months ago and that was the recommendation. I seem to remember once that letter was sent, the person magically disappeared.
Not you, your husband's estate. It is highly suspect that she is making this claim now, soon after his death.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39poy6
e39o3e7
1,532,917,824
1,532,916,053
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I am not a lawyer but I hear this is unfortunate a fairly common scam. Ruthless people try to take advantage of your weakened emotional state. Tell her to send proof of paternity to your lawyer. She'll likely go away.
Not you, your husband's estate. It is highly suspect that she is making this claim now, soon after his death.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39trk5
e3acnc4
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You're not the first person to post on this site with this scam. She probably got his name from the obits.
If all of your husband's assets were jointly owned they are now yours by right of survivorship. If he had heirs or dependents (ie; a minor child by this woman), then that woman could sue your husband's estate for a share (or support) as the guardian of that child. However, since the estate has no value - the assets vested in you as the joint owner - then there is no money to pay out any law suit. TL;DR - even if the child is your husband's child, there is nothing for it. Do not respond to any communication from this woman unless you are served with court papers.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39xhx4
e3acnc4
1,532,927,605
1,532,955,220
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She cannot come after you for child support. The child, if his, may have a right to his estate (California probate code 6407) https://codes.findlaw.com/ca/probate-code/prob-sect-6407.html She could get social security via survivorship, but that doesn't affect you after the estate is distributed.
If all of your husband's assets were jointly owned they are now yours by right of survivorship. If he had heirs or dependents (ie; a minor child by this woman), then that woman could sue your husband's estate for a share (or support) as the guardian of that child. However, since the estate has no value - the assets vested in you as the joint owner - then there is no money to pay out any law suit. TL;DR - even if the child is your husband's child, there is nothing for it. Do not respond to any communication from this woman unless you are served with court papers.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e3acnc4
e39sz2h
1,532,955,220
1,532,921,599
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If all of your husband's assets were jointly owned they are now yours by right of survivorship. If he had heirs or dependents (ie; a minor child by this woman), then that woman could sue your husband's estate for a share (or support) as the guardian of that child. However, since the estate has no value - the assets vested in you as the joint owner - then there is no money to pay out any law suit. TL;DR - even if the child is your husband's child, there is nothing for it. Do not respond to any communication from this woman unless you are served with court papers.
If it's a scam, would it make sense to fight back? To somehow find out if she's pulling the same scam against other recently deceased men? Or would that be too much effort with too little likelihood of success?
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39sz2h
e39trk5
1,532,921,599
1,532,922,562
21
62
If it's a scam, would it make sense to fight back? To somehow find out if she's pulling the same scam against other recently deceased men? Or would that be too much effort with too little likelihood of success?
You're not the first person to post on this site with this scam. She probably got his name from the obits.
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[ca] My husband recently died. I was contacted by a woman claiming to be pregnant with my husbands child. if that turns out to be true: does she have any claim against me for child support? Apart from the fact that there was zero indication that a affair was a possibility and the emotional part of this whole shitty situation, she made it clear to me that she expects help supporting this child she is having. My husband and I had a joint company. Now that he passed away; I own it in full. All his financial assets are now mine as well. She said she is currently 4 months pregnant. After she gives birth.. can she come after me for child support?
e39sz2h
e39xhx4
1,532,921,599
1,532,927,605
21
27
If it's a scam, would it make sense to fight back? To somehow find out if she's pulling the same scam against other recently deceased men? Or would that be too much effort with too little likelihood of success?
She cannot come after you for child support. The child, if his, may have a right to his estate (California probate code 6407) https://codes.findlaw.com/ca/probate-code/prob-sect-6407.html She could get social security via survivorship, but that doesn't affect you after the estate is distributed.
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cuc5os5
cuc6831
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Edit2: This is the general MO revised statute. /u/ransackery gives links to the KSMO city ordinances which can apply if you live within the city limits. I don't think I agree with his assessment that it could still be a public nuisance violation, but I'll keep looking. One thing important about those ordinances - there is a 10 day rabies observation period which may be implemented if they complain. Tell them to pound sand and file a trespassing report with the police. Still, notify your homeowners insurance or renters insurance about the possibility they may sue; they should assign a lawyer to defend you if they do. >The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, ***or lawfully on private property***, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Edit: That being said, shouldn't it be Kansas City, MO? Or did Mississippi get a Kansas City I don't know about?
Call the cops and report trespassing, in addition to having called your insurance. For comparison, search this subreddit for a thread from a few months ago, with actual updates, of the subredditor who was threatened with lawsuits when her dog bit a child who opened her unlocked front door and entered her house.
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cucak6e
cuca9pz
1,440,287,612
1,440,287,055
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call CPS on the parents, kids don't break in to steal food unless they are not being fed. the "medical expenses" they want will almost certainly go to the same drug habit the food money went to.
If the kid broke in to steal food, there's most likely much more going on at his home than meets the eye. How old is this kid?
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cucak6e
cuc919e
1,440,287,612
1,440,284,681
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call CPS on the parents, kids don't break in to steal food unless they are not being fed. the "medical expenses" they want will almost certainly go to the same drug habit the food money went to.
Call the cops. Breaking and entering. Burglary at night. That kids going to jail
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cuca9pz
cuc919e
1,440,287,055
1,440,284,681
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If the kid broke in to steal food, there's most likely much more going on at his home than meets the eye. How old is this kid?
Call the cops. Breaking and entering. Burglary at night. That kids going to jail
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cucb1pu
cuc919e
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1,440,284,681
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This is killing me....you are talking about Kansas City, MIssouri right.... Kansas City, MO?
Call the cops. Breaking and entering. Burglary at night. That kids going to jail
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cuc919e
cuceceu
1,440,284,681
1,440,294,834
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Call the cops. Breaking and entering. Burglary at night. That kids going to jail
Like most others: go to the police station, report the child for trespassing, get your friend to come with you so that they can say they saw the kid in the house (breaking and entering) as well as theft for food. The dog was inside, protecting. Bring proof of what the parents said so you can get extortion as well. Suggest to the cops about CPS getting involved because the child was unsupervised (depending on it's age). Hope your dog is okay and that the child didn't hurt him.
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cuc919e
cucke17
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Call the cops. Breaking and entering. Burglary at night. That kids going to jail
I am the one who posted about a similar issue. Yes, call the police and make a report. I'm glad I did that after thinking I didn't want police involved. Also, don't communicate with them. Ignore the threats and give your dog a special treat.
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[Kansas city, MS] A neighbor kid climbed over my fence, entered my kitchen through window and was eating some snacks. My dog was sleeping in my bedroom. He must have heard noise and thought it must be thief. To protect house, he barked and bit the kid. Now, the parents are extorting medical money. I've already notified homeowners insurance, waiting for their response. Parents are basically saying pay them medical expenses or they are going to cops and then cop will hand over my dog to animal control and he will be put down. Am I liable ? My dog has no history of aggressiveness or biting.He's just a friendly guy who is protective of owners property.
cuc919e
cucmbi6
1,440,284,681
1,440,313,739
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Call the cops. Breaking and entering. Burglary at night. That kids going to jail
Why in hell did you not file a police report immediately?
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California: A neighbor's dog bit my child's bare foot under the back fence dividing the property. Neighbor isn't responding to polite attempts at contact to confirm their dogs have their shots. Not sure how best to proceed. See title. Happened yesterday. My son (6) was barefoot in our back yard and up against the back fence, where on the other side a neighbor has two smaller dogs (terriers). They're aggressive, and my son is autistic and bit behind in understanding dangerous situations: He managed to place his bare toes near enough to the fence that one of those dogs got its snout under the fence and bit his foot. The damage was minimal, no stitches or anything needed. However we don't know if the dogs have had their rabies vaccinations (required in CA for dogs before 5 months, and these dogs have been around longer than that). My wife went around the block to their house and rang the smart doorbell, no one answered. She said she explained what happened to the Ring, so it should've recorded it. I went over to the neighbor's house this morning, and again rang the doorbell. Waited a few minutes, then knocked on the door. Waited some more. Came back again a few hours later and repeated, still no answer. We've never met before. So I left a polite letter letting them know the situation and asking them to inform us if the dogs had their shots or not. Been a few hours now, still no answer. My wife suggested calling the Sheriff's, but that seems a bit extreme. As the title suggests, I'm not sure how best to proceed. Any advice on what I should be considering?
hn9jonr
hnapgmy
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Call Animal Control, report it as a bite by a dog that you can positively identify, and find out what your options are. There’s nothing extreme about determining whether or not the dog has a current vaccination for rabies; it’s just common sense. Either you get proof that the dog is vaxxed, or your kid gets rabies shots. As I think you already know, OP, this doesn’t belong in fuck around and find out territory. Don’t risk your child’s life.
I am not a lawyer-but, I'm a doctor. Go to your PCP or a ER first thing in the morning. Your kids MAY need shots and an antibiotic I don't mean to sound alarmist. Rabies in the US is incredibily rare-and most disease is spread by racoons or bats in the US. Most likely, your doctor will contact animal control/the dept of health, who will advise them on what to do. I practice on the opposite side of the nation, but thats how the ED I rotated in handled it. However, rabies is a truly awful disease. I have watched one man die from it-and it is the worst death I have ever witnessed. Rabies takes around 72 hours to incubate in muscle tissue-during which time vaccination and immunoglobulin is critical. After that, it spreads to the neevous system, after which it has essentially a 100% fatality rate. And another reason to go to the doctor is to get propper antibiotics. All car and dog bites are treated with antibiotics because aome nasty bugs can live in their mouths. Typically, we prescribe augmentin (amoxicillin clauvaunate), but I'm in a different field of medicine, so the guidelines may have changed. Don't bother going to the sherriff for now-I doubt most cops know much about this. This is where the dept of health steps in. But please take your kid to see a doctor EDIT:I may have been wrong about the timeline-looks like this is what the CDC recommends. https://www.cdc.gov/rabies/exposure/animals/domestic.html They recommend monitoring for up to 10 days if animal is available. But if the animal is unavailable-looks like most states recommend recommend prophylactic vacicnation. I can't find a website for the california health dept, but here is iowa's https://idph.iowa.gov/Portals/1/Files/Rabies/Animal%20_Rabies_Chart_130618.pdf
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r932ul
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California: A neighbor's dog bit my child's bare foot under the back fence dividing the property. Neighbor isn't responding to polite attempts at contact to confirm their dogs have their shots. Not sure how best to proceed. See title. Happened yesterday. My son (6) was barefoot in our back yard and up against the back fence, where on the other side a neighbor has two smaller dogs (terriers). They're aggressive, and my son is autistic and bit behind in understanding dangerous situations: He managed to place his bare toes near enough to the fence that one of those dogs got its snout under the fence and bit his foot. The damage was minimal, no stitches or anything needed. However we don't know if the dogs have had their rabies vaccinations (required in CA for dogs before 5 months, and these dogs have been around longer than that). My wife went around the block to their house and rang the smart doorbell, no one answered. She said she explained what happened to the Ring, so it should've recorded it. I went over to the neighbor's house this morning, and again rang the doorbell. Waited a few minutes, then knocked on the door. Waited some more. Came back again a few hours later and repeated, still no answer. We've never met before. So I left a polite letter letting them know the situation and asking them to inform us if the dogs had their shots or not. Been a few hours now, still no answer. My wife suggested calling the Sheriff's, but that seems a bit extreme. As the title suggests, I'm not sure how best to proceed. Any advice on what I should be considering?
hn9nmay
hnapgmy
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Rabies can take months to a year to show any symptoms at all, then the infected person experiences central nervous system issue, starts going crazy, then falls into a coma. Once symptoms appear, it is too late for treatment and is almost always fatal. Don't risk taking your neighbor even at their word, unless they show you papers, get the vaccine.
I am not a lawyer-but, I'm a doctor. Go to your PCP or a ER first thing in the morning. Your kids MAY need shots and an antibiotic I don't mean to sound alarmist. Rabies in the US is incredibily rare-and most disease is spread by racoons or bats in the US. Most likely, your doctor will contact animal control/the dept of health, who will advise them on what to do. I practice on the opposite side of the nation, but thats how the ED I rotated in handled it. However, rabies is a truly awful disease. I have watched one man die from it-and it is the worst death I have ever witnessed. Rabies takes around 72 hours to incubate in muscle tissue-during which time vaccination and immunoglobulin is critical. After that, it spreads to the neevous system, after which it has essentially a 100% fatality rate. And another reason to go to the doctor is to get propper antibiotics. All car and dog bites are treated with antibiotics because aome nasty bugs can live in their mouths. Typically, we prescribe augmentin (amoxicillin clauvaunate), but I'm in a different field of medicine, so the guidelines may have changed. Don't bother going to the sherriff for now-I doubt most cops know much about this. This is where the dept of health steps in. But please take your kid to see a doctor EDIT:I may have been wrong about the timeline-looks like this is what the CDC recommends. https://www.cdc.gov/rabies/exposure/animals/domestic.html They recommend monitoring for up to 10 days if animal is available. But if the animal is unavailable-looks like most states recommend recommend prophylactic vacicnation. I can't find a website for the california health dept, but here is iowa's https://idph.iowa.gov/Portals/1/Files/Rabies/Animal%20_Rabies_Chart_130618.pdf
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California: A neighbor's dog bit my child's bare foot under the back fence dividing the property. Neighbor isn't responding to polite attempts at contact to confirm their dogs have their shots. Not sure how best to proceed. See title. Happened yesterday. My son (6) was barefoot in our back yard and up against the back fence, where on the other side a neighbor has two smaller dogs (terriers). They're aggressive, and my son is autistic and bit behind in understanding dangerous situations: He managed to place his bare toes near enough to the fence that one of those dogs got its snout under the fence and bit his foot. The damage was minimal, no stitches or anything needed. However we don't know if the dogs have had their rabies vaccinations (required in CA for dogs before 5 months, and these dogs have been around longer than that). My wife went around the block to their house and rang the smart doorbell, no one answered. She said she explained what happened to the Ring, so it should've recorded it. I went over to the neighbor's house this morning, and again rang the doorbell. Waited a few minutes, then knocked on the door. Waited some more. Came back again a few hours later and repeated, still no answer. We've never met before. So I left a polite letter letting them know the situation and asking them to inform us if the dogs had their shots or not. Been a few hours now, still no answer. My wife suggested calling the Sheriff's, but that seems a bit extreme. As the title suggests, I'm not sure how best to proceed. Any advice on what I should be considering?
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Odds are the dogs are up to date and your kid should be fine. On the other hand Rabies is a terrifying disease with no cure and a limited window to treat. Call the Sheriff/cops and report it. They will get you the information your neighbor refuses to provide.
I am not a lawyer-but, I'm a doctor. Go to your PCP or a ER first thing in the morning. Your kids MAY need shots and an antibiotic I don't mean to sound alarmist. Rabies in the US is incredibily rare-and most disease is spread by racoons or bats in the US. Most likely, your doctor will contact animal control/the dept of health, who will advise them on what to do. I practice on the opposite side of the nation, but thats how the ED I rotated in handled it. However, rabies is a truly awful disease. I have watched one man die from it-and it is the worst death I have ever witnessed. Rabies takes around 72 hours to incubate in muscle tissue-during which time vaccination and immunoglobulin is critical. After that, it spreads to the neevous system, after which it has essentially a 100% fatality rate. And another reason to go to the doctor is to get propper antibiotics. All car and dog bites are treated with antibiotics because aome nasty bugs can live in their mouths. Typically, we prescribe augmentin (amoxicillin clauvaunate), but I'm in a different field of medicine, so the guidelines may have changed. Don't bother going to the sherriff for now-I doubt most cops know much about this. This is where the dept of health steps in. But please take your kid to see a doctor EDIT:I may have been wrong about the timeline-looks like this is what the CDC recommends. https://www.cdc.gov/rabies/exposure/animals/domestic.html They recommend monitoring for up to 10 days if animal is available. But if the animal is unavailable-looks like most states recommend recommend prophylactic vacicnation. I can't find a website for the california health dept, but here is iowa's https://idph.iowa.gov/Portals/1/Files/Rabies/Animal%20_Rabies_Chart_130618.pdf
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California: A neighbor's dog bit my child's bare foot under the back fence dividing the property. Neighbor isn't responding to polite attempts at contact to confirm their dogs have their shots. Not sure how best to proceed. See title. Happened yesterday. My son (6) was barefoot in our back yard and up against the back fence, where on the other side a neighbor has two smaller dogs (terriers). They're aggressive, and my son is autistic and bit behind in understanding dangerous situations: He managed to place his bare toes near enough to the fence that one of those dogs got its snout under the fence and bit his foot. The damage was minimal, no stitches or anything needed. However we don't know if the dogs have had their rabies vaccinations (required in CA for dogs before 5 months, and these dogs have been around longer than that). My wife went around the block to their house and rang the smart doorbell, no one answered. She said she explained what happened to the Ring, so it should've recorded it. I went over to the neighbor's house this morning, and again rang the doorbell. Waited a few minutes, then knocked on the door. Waited some more. Came back again a few hours later and repeated, still no answer. We've never met before. So I left a polite letter letting them know the situation and asking them to inform us if the dogs had their shots or not. Been a few hours now, still no answer. My wife suggested calling the Sheriff's, but that seems a bit extreme. As the title suggests, I'm not sure how best to proceed. Any advice on what I should be considering?
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Call Animal Control, report it as a bite by a dog that you can positively identify, and find out what your options are. There’s nothing extreme about determining whether or not the dog has a current vaccination for rabies; it’s just common sense. Either you get proof that the dog is vaxxed, or your kid gets rabies shots. As I think you already know, OP, this doesn’t belong in fuck around and find out territory. Don’t risk your child’s life.
Odds are the dogs are up to date and your kid should be fine. On the other hand Rabies is a terrifying disease with no cure and a limited window to treat. Call the Sheriff/cops and report it. They will get you the information your neighbor refuses to provide.
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California: A neighbor's dog bit my child's bare foot under the back fence dividing the property. Neighbor isn't responding to polite attempts at contact to confirm their dogs have their shots. Not sure how best to proceed. See title. Happened yesterday. My son (6) was barefoot in our back yard and up against the back fence, where on the other side a neighbor has two smaller dogs (terriers). They're aggressive, and my son is autistic and bit behind in understanding dangerous situations: He managed to place his bare toes near enough to the fence that one of those dogs got its snout under the fence and bit his foot. The damage was minimal, no stitches or anything needed. However we don't know if the dogs have had their rabies vaccinations (required in CA for dogs before 5 months, and these dogs have been around longer than that). My wife went around the block to their house and rang the smart doorbell, no one answered. She said she explained what happened to the Ring, so it should've recorded it. I went over to the neighbor's house this morning, and again rang the doorbell. Waited a few minutes, then knocked on the door. Waited some more. Came back again a few hours later and repeated, still no answer. We've never met before. So I left a polite letter letting them know the situation and asking them to inform us if the dogs had their shots or not. Been a few hours now, still no answer. My wife suggested calling the Sheriff's, but that seems a bit extreme. As the title suggests, I'm not sure how best to proceed. Any advice on what I should be considering?
hn9fyfb
hn9nmay
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Odds are the dogs are up to date and your kid should be fine. On the other hand Rabies is a terrifying disease with no cure and a limited window to treat. Call the Sheriff/cops and report it. They will get you the information your neighbor refuses to provide.
Rabies can take months to a year to show any symptoms at all, then the infected person experiences central nervous system issue, starts going crazy, then falls into a coma. Once symptoms appear, it is too late for treatment and is almost always fatal. Don't risk taking your neighbor even at their word, unless they show you papers, get the vaccine.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddlv5mn
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Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddlndc6
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First she can ask to go into your home she cannot without a warrant and then only with a police officer as she is technically NOT an officer of the court. If there was no warrant the officer cannot enter no matter how mad you make him. Social workers can and do make up their own laws as family court is a totally different world than courts of law. everyone but you will have an attorney except you the state will have an attorney, the social worker will have an attorney, and even your children will have an attorney appointed by the state. Get an attorney ASAP or you will not have any voice in that room
You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddm4wy8
ddlox9w
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You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
The good news is that anything from the first visit is complete garbage in the eyes of a competent court. Forced entry without a warrant is a HUGE no-no. The second piece of good news is that, if you document and provide photographic evidence along with medical records, it's unlikely the children should be removed.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddls1pm
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101
Are you in western Kentucky? There's a few social workers with bad reputations..just curious
You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddm4wy8
ddlpq1g
1,486,826,959
1,486,786,946
101
9
You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
Uh... you have a court date on Monday? Because the courthouse is closed on Monday, Feb 13, as far as I know... Edit: wrong state, my bad.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddm4wy8
ddltzt7
1,486,826,959
1,486,796,281
101
3
You should have hired a lawyer in December. CPS and that cop cannot enter your house without a warrant or evidence of immediate risk of harm to the child (such as you have him/her locked in a closet with no food or water for many days). You need to sit down and read this: http://www.vaclib.org/legal/Free_Handbook%20CPS.pdf There is a ton of great info in there, such as ... > Consent. > If a police officer says, "If you don't let us in your home we will break down your door"—a parent who then opens the door has not given free and voluntary consent. If a social worker says, "If you don't let me in the home I will take your children away"—a parent who then opens the door has not given free and voluntary consent. Threats to go get a "pick up order" negate consent. Any type of communication which conveys the idea to the parent that they have no realistic alternative but to allow entry negates any claim that the entry was lawfully gained through the channel of consent. And ... > DO NOT sign anything, it will come back to be used against you in any possible kangaroo trial. Your children’s records are protected by FERPA and HIPAA regarding your children’s educational and medical records. They need a lawful warrant like the police under the “warrant clause” to seize any records. If your child’s school records contain medical records, then HIPAA also applies. When the school or doctor sends records to CPS or allows them to view them without your permission, both the sender and receiver violated the law. You need to file a HIPAA complaint on the sender and the receiver. (See PDF version http://www.hhs.gov/ocr/howtofileprivacy.pdf and a Microsoft Word version http://www.hhs.gov/ocr/howtofileprivacy.doc.) Remember, you only have 180 days from the time you found out about it. Tell them they need a lawful warrant to make you do anything. CPS has no power; do not agree to a drug screen or a psychological evaluation So if you take those medical records to court, do not allow CPS to make a copy of them. Are you married? Did your partner also consent to letting the CPS worker and police officer in? No? Read this: > The Supreme Court narrowed police search powers yesterday, ruling that officers must have a warrant to look for evidence in a couple's home unless both partners present agree to let them in. And all this: > Social workers (and other government employees) may be sued for deprivation of civil rights under 42 U.S.C. § 1983 if they are named in their ‘official and individual capacity’. Hafer v. Melo, (S.Ct. 1991) > State law cannot provide immunity from suit for Federal civil rights violations. State law providing immunity from suit for child abuse investigators has no application to suits under § 1983. Wallis v. Spencer, (9th Cir. 1999) > If the law was clearly established at the time the action occurred, a police officer is not entitled to assert the defense of qualified immunity based on good faith since a reasonably competent public official should know the law governing his or her conduct. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) > Immunity is defeated if the official took the complained of action with malicious intention to cause a deprivation of rights, or the official violated clearly established statutory or constitutional rights of which a reasonable person would have known. McCord v. Maggio, (5th Cir. 1991) If I were you, I'd be on the phone to a lawyer right now, setting up a lawsuit for civil rights violation against the cop and CPS worker. You may also want to contact the state AG.
Please lawyer up
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddlv5mn
ddlndc6
1,486,799,596
1,486,782,877
40
39
Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
First she can ask to go into your home she cannot without a warrant and then only with a police officer as she is technically NOT an officer of the court. If there was no warrant the officer cannot enter no matter how mad you make him. Social workers can and do make up their own laws as family court is a totally different world than courts of law. everyone but you will have an attorney except you the state will have an attorney, the social worker will have an attorney, and even your children will have an attorney appointed by the state. Get an attorney ASAP or you will not have any voice in that room
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddlox9w
ddlv5mn
1,486,785,474
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39
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The good news is that anything from the first visit is complete garbage in the eyes of a competent court. Forced entry without a warrant is a HUGE no-no. The second piece of good news is that, if you document and provide photographic evidence along with medical records, it's unlikely the children should be removed.
Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddls1pm
ddlv5mn
1,486,791,604
1,486,799,596
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Are you in western Kentucky? There's a few social workers with bad reputations..just curious
Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddlv5mn
ddlpq1g
1,486,799,596
1,486,786,946
40
9
Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
Uh... you have a court date on Monday? Because the courthouse is closed on Monday, Feb 13, as far as I know... Edit: wrong state, my bad.
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(KY) A social worker entered my home without consent last December. Today I was served papers stating child neglect and medical neglect even though I have paper work from every doctor. Shes a new social worker and doing this to ALOT of families locally what can I do legally to keep my kids? Last December a social worker showed up at my home with a police officer. I asked what the complaint was against me and she refused to say. The police officer threatened to arrest me for "being a smartass and asking to many questions." He then kicked my door in and entered. None of this was with my consent which I'm sure goes against my 4th amendment. She took pictures then left. She came back on January 9th. This time alone and I let her in. She was nice this time, looked around and even joked about how she hated some college classes. I have not heard from her since that day. But today a sheriff showed up to deliver papers. Shes taking me to court saying my home was "deplorable, nasty and other not true things. Shes also stating that I refuse my children medical help. Now this brother's me. If my kids sneeze they are at the doctor's. My youngest is disabled and we go to a cardiologist and neurologist out of state ALOT. I have paperwork from every doctor with the days of the appointment. My pediatrician is upset with this social worker. She printed folder's full of paperwork for every visit they have ever had. I don't understand any of this. The sheriff is a family friend and informed me that numerous families are upset with this woman. They have basically been treated the same way as I have. I go to court Monday. I plan on bringing the folder's from the doctor's with me. Is there anything else I should know first? I called the courthouse to request a lawyer but was refused since "I have not said guilty or non guilty." I do not want this woman working my case anymore. She is also my sister in law case worker. She removed my niece for 2 months and they just received her back. What can I do? My home is not dirty, has no holes or leaks and my kids do see doctor's. What can I expect Monday?
ddltzt7
ddlv5mn
1,486,796,281
1,486,799,596
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Please lawyer up
Get an experienced dependency lawyer now. Do not try to fight this on your own. That lawyer can challenge the evidence obtained from an illegal search and set up hearings on the medical issue. Keeping your kids is the primary issue right now; potentially suing the government or taking care of this woman's abuses comes later. If you are indigent, tell the court this. It looks like Kentucky appoints counsel in dependency for those who cannot afford it.
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High school year book took photos from my daughters who is a photographer social media and used them My daughter who is a budding photographer took photos of football games, soccer games, baseball games and many other events last school year. She wasn’t on the yearbook staff or hired for any of these events. She did this for her friends and teams so they could have pictures and actions shots of themselves, she also sold a few DVDs to families and made a slideshow that was shown at the football banquet. We live in Kentucky and being a photographer myself found it very unsettling to have her tell me the yearbook took pictures of hers off social media sites that were hers and her photography website she used all without her permission. I am somewhat familiar with copyright laws for photography but the social media side of this is more confusing to me. We aren’t looking to prosecute. But she doesn’t want this to continue and is very upset that the yearbook staff and teacher stole her photos and never gave her credit much less asked. If anyone has more information on if this is legal or not I would love to hear more. Thanks.
eza68ml
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Does she want to get compensated for use of the pictures, or just make sure it doesn't happen again? If she just wants to prevent this from happening again, the best approach is likely to approach the school and explain that they didn't have permission to use her photos and why it's bad that they did that.
This is an all too common practice. Most high schoolers and mant adults have no idea about copyright. u/mmmm_mmnm hits the nail on the head here. Speak to an Intellectual Property lawyer.
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I [24F] naively moved in with my "richer" boyfriend [32M] of 2 years. He's threatening to kick me out of our co-leased apt. Hey all, I've gotten myself into a rather nasty pickle. ​ So I moved in with my boyfriend back in October, when we thought all was fine and dandy. We've gotten almost 2 months in, and now every time I do something or say something he doesn't like, he's threatening to kick me out of my own home (our apartment that has both of our names (and a cosigner) on the lease). The facts are; our rent is $1000/month for the apartment (1 year lease) in MN. He pays a majority of the rent, while I am a full-time college student who doesn't make much more than $600 a month. I give him what I can, I am definitely not selfish. That doesn't change the fact that I wouldn't be able to afford this place without him. We talked about and agreed upon all these terms beforehand, as you could imagine. ​ So, I am mostly wondering - Can he actually kick me out? I thought if both of our names were on the lease, he couldn't just toss this threat around like he is. He has also mentioned that because the cosigner is his friend, the cosigner can "side" with him and, together, they can kick me out. Is that true? ​ I am also wondering what would happen if he decided to up and leave me with the year's lease. Would I be responsible? I am also worried for the cosigner, if this were to happen. Any advice is appreciated; I'm pretty new to this.
eaa7q32
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No, he cannot kick you out. All three of you are likely fully responsible for the lease, so it wouldn't make sense for him to "up and leave you" with the lease. If he did, and you couldn't pay, then the landlord would evict you and sue all 3 of you. Make sure you retain a copy of the lease. Take a picture of it and store in your google email for example, with enough keywords so you can find it later if needed. Do that with every important legal document that you sign from now on in fact.
Your "richer" BF should not have needed a cosigner. That he did, and given his age, he isn't likely rich at all. This sounds like a bad relationship, BF sounds manipulative and a liar. Problem is now you're stuck in a lease with presumably 10ish months left. If you breakup and leave then he and his cosigner can come after you for your share of the rent in small claims court, this may be his angle. Keep you around for sex, control, and rent or force you out and still make you pay.
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I [24F] naively moved in with my "richer" boyfriend [32M] of 2 years. He's threatening to kick me out of our co-leased apt. Hey all, I've gotten myself into a rather nasty pickle. ​ So I moved in with my boyfriend back in October, when we thought all was fine and dandy. We've gotten almost 2 months in, and now every time I do something or say something he doesn't like, he's threatening to kick me out of my own home (our apartment that has both of our names (and a cosigner) on the lease). The facts are; our rent is $1000/month for the apartment (1 year lease) in MN. He pays a majority of the rent, while I am a full-time college student who doesn't make much more than $600 a month. I give him what I can, I am definitely not selfish. That doesn't change the fact that I wouldn't be able to afford this place without him. We talked about and agreed upon all these terms beforehand, as you could imagine. ​ So, I am mostly wondering - Can he actually kick me out? I thought if both of our names were on the lease, he couldn't just toss this threat around like he is. He has also mentioned that because the cosigner is his friend, the cosigner can "side" with him and, together, they can kick me out. Is that true? ​ I am also wondering what would happen if he decided to up and leave me with the year's lease. Would I be responsible? I am also worried for the cosigner, if this were to happen. Any advice is appreciated; I'm pretty new to this.
eaakzmt
eaa6piy
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Your "richer" BF should not have needed a cosigner. That he did, and given his age, he isn't likely rich at all. This sounds like a bad relationship, BF sounds manipulative and a liar. Problem is now you're stuck in a lease with presumably 10ish months left. If you breakup and leave then he and his cosigner can come after you for your share of the rent in small claims court, this may be his angle. Keep you around for sex, control, and rent or force you out and still make you pay.
He can't just kick you out
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legaladvice_train
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I [24F] naively moved in with my "richer" boyfriend [32M] of 2 years. He's threatening to kick me out of our co-leased apt. Hey all, I've gotten myself into a rather nasty pickle. ​ So I moved in with my boyfriend back in October, when we thought all was fine and dandy. We've gotten almost 2 months in, and now every time I do something or say something he doesn't like, he's threatening to kick me out of my own home (our apartment that has both of our names (and a cosigner) on the lease). The facts are; our rent is $1000/month for the apartment (1 year lease) in MN. He pays a majority of the rent, while I am a full-time college student who doesn't make much more than $600 a month. I give him what I can, I am definitely not selfish. That doesn't change the fact that I wouldn't be able to afford this place without him. We talked about and agreed upon all these terms beforehand, as you could imagine. ​ So, I am mostly wondering - Can he actually kick me out? I thought if both of our names were on the lease, he couldn't just toss this threat around like he is. He has also mentioned that because the cosigner is his friend, the cosigner can "side" with him and, together, they can kick me out. Is that true? ​ I am also wondering what would happen if he decided to up and leave me with the year's lease. Would I be responsible? I am also worried for the cosigner, if this were to happen. Any advice is appreciated; I'm pretty new to this.
eaa7q32
eaa6piy
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No, he cannot kick you out. All three of you are likely fully responsible for the lease, so it wouldn't make sense for him to "up and leave you" with the lease. If he did, and you couldn't pay, then the landlord would evict you and sue all 3 of you. Make sure you retain a copy of the lease. Take a picture of it and store in your google email for example, with enough keywords so you can find it later if needed. Do that with every important legal document that you sign from now on in fact.
He can't just kick you out
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9zlx28
legaladvice_train
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I [24F] naively moved in with my "richer" boyfriend [32M] of 2 years. He's threatening to kick me out of our co-leased apt. Hey all, I've gotten myself into a rather nasty pickle. ​ So I moved in with my boyfriend back in October, when we thought all was fine and dandy. We've gotten almost 2 months in, and now every time I do something or say something he doesn't like, he's threatening to kick me out of my own home (our apartment that has both of our names (and a cosigner) on the lease). The facts are; our rent is $1000/month for the apartment (1 year lease) in MN. He pays a majority of the rent, while I am a full-time college student who doesn't make much more than $600 a month. I give him what I can, I am definitely not selfish. That doesn't change the fact that I wouldn't be able to afford this place without him. We talked about and agreed upon all these terms beforehand, as you could imagine. ​ So, I am mostly wondering - Can he actually kick me out? I thought if both of our names were on the lease, he couldn't just toss this threat around like he is. He has also mentioned that because the cosigner is his friend, the cosigner can "side" with him and, together, they can kick me out. Is that true? ​ I am also wondering what would happen if he decided to up and leave me with the year's lease. Would I be responsible? I am also worried for the cosigner, if this were to happen. Any advice is appreciated; I'm pretty new to this.
eaa6piy
eaanfd6
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He can't just kick you out
You, he, and the cosigner are jointly and severally liable for rent. That means you are all 100% liable to the landlord for the rent. If the rent doesn't get paid to the landlord, the landlord can sue *all* of you and get a judgment against *all* of you. Then, it's between all of you to work out how you go about figuring out who owes what. That might include an agreement, or it if you can't agree, it might involve an additional lawsuit or additional causes of action to the lawsuit with the landlord where you have cross claims against your fellow co-defendants. He and the cosigner can't unilaterally decide to kick you out if you signed the lease as well. That has to be a decision between *everyone* involved in the lease process. You, he, the cosigner, and the landlord all have to agree for you to be taken off the lease. I highly doubt he'd stop paying the rent. It serves nothing but to hurt him more than it does you. You're a college student with likely no credit. It sounds like he's a 30 something with shitty credit if he had to have a cosigner for the lease. If he stops paying, you can't feasibly pay it so there's going to be an eviction unless the cosigner steps in and pays the rent. An eviction and judgment for rent is going not only hurt him but his cosigner as well. It's going to further damage his credit. It will damage the credit of his cosigner. An eviction will hurt not just your chance of getting another apartment, but all of you, including the cosigner. If he wants to be an ass, all he is going to do is screw over his friend or family member.
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9zlx28
legaladvice_train
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I [24F] naively moved in with my "richer" boyfriend [32M] of 2 years. He's threatening to kick me out of our co-leased apt. Hey all, I've gotten myself into a rather nasty pickle. ​ So I moved in with my boyfriend back in October, when we thought all was fine and dandy. We've gotten almost 2 months in, and now every time I do something or say something he doesn't like, he's threatening to kick me out of my own home (our apartment that has both of our names (and a cosigner) on the lease). The facts are; our rent is $1000/month for the apartment (1 year lease) in MN. He pays a majority of the rent, while I am a full-time college student who doesn't make much more than $600 a month. I give him what I can, I am definitely not selfish. That doesn't change the fact that I wouldn't be able to afford this place without him. We talked about and agreed upon all these terms beforehand, as you could imagine. ​ So, I am mostly wondering - Can he actually kick me out? I thought if both of our names were on the lease, he couldn't just toss this threat around like he is. He has also mentioned that because the cosigner is his friend, the cosigner can "side" with him and, together, they can kick me out. Is that true? ​ I am also wondering what would happen if he decided to up and leave me with the year's lease. Would I be responsible? I am also worried for the cosigner, if this were to happen. Any advice is appreciated; I'm pretty new to this.
eaanfd6
eaamolo
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You, he, and the cosigner are jointly and severally liable for rent. That means you are all 100% liable to the landlord for the rent. If the rent doesn't get paid to the landlord, the landlord can sue *all* of you and get a judgment against *all* of you. Then, it's between all of you to work out how you go about figuring out who owes what. That might include an agreement, or it if you can't agree, it might involve an additional lawsuit or additional causes of action to the lawsuit with the landlord where you have cross claims against your fellow co-defendants. He and the cosigner can't unilaterally decide to kick you out if you signed the lease as well. That has to be a decision between *everyone* involved in the lease process. You, he, the cosigner, and the landlord all have to agree for you to be taken off the lease. I highly doubt he'd stop paying the rent. It serves nothing but to hurt him more than it does you. You're a college student with likely no credit. It sounds like he's a 30 something with shitty credit if he had to have a cosigner for the lease. If he stops paying, you can't feasibly pay it so there's going to be an eviction unless the cosigner steps in and pays the rent. An eviction and judgment for rent is going not only hurt him but his cosigner as well. It's going to further damage his credit. It will damage the credit of his cosigner. An eviction will hurt not just your chance of getting another apartment, but all of you, including the cosigner. If he wants to be an ass, all he is going to do is screw over his friend or family member.
If you are both on the lease, then he can't just kick you out. Only the landlord can do so. The cosigner has nothing to do with it. If he were to leave, you would be responsible to the landlord for the full rent, and you could sue him for his share.
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r0r5n7
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I, a full-time student, recently turned 23 and lost coverage from my parent's health insurance policy. Insurance has said I cannot extend coverage unless I terminate my college status in writing and enroll in their Young Adult plan for ages 23-26. Is this legal under the ACA? That's basically the whole story, location is New York. I was under the impression the Affordable Care Act allowed children to remain on their parent's policy until they turn 26, and that's all I want to do. I think forcing me to sign away my college status (which in my case would not be truthful) and open a new policy separate of my parents may be a sketchy way of skirting the ACA, but this is a high-profile provider for the U.S military; surely they wouldn't risk doing something like this if it was illegal? To clarify again, I would be the sole policy holder on the new, Young Adult plan they'd like me to enroll in rather than my parent. I'm also worried that signing anything will formally allow them to exclude me from coverage under the parent plan, and I still don't want to lie about graduating college for health care, but it isn't like I'm covered in any way now as it is. I asked about ACA protections up to age 26 but was told several times that there is no way to remain on the parent plan. I have a record of the call, took notes throughout it, and have maintained the agent's name and the case number for our conversation. I really appreciate any advice, and I need my insurance back ASAP; I had to pay $130 out of pocket today for a vital prescription, and I have an important doctor's appointment scheduled, so anything is greatly appreciated.
hlu62f4
hlu54l7
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I assume this is Tricare, which is not subject to the provisions of the ACA. Most Tricare plans do have the minimum coverage requirements, but they do not necessarily always follow the same methods and do not necessarily all have the same requirements. Tricare ages out at 21, 23 for students, but they have a YA plan. I do not know anything about the provisions in YA such as if you may/must/must not be a student, for example. There are insurance subs way better at this than we tend to be since insurance is a whole world on its own. They will likely be helpful for you to try to figure out what options you have. If this is a different carrier or plan, can you clarify? We aren't big on identifying parties so you can just say if it's a private insurer and/or military benefits. Thanks.
You might want to also try r/insurance or r/healthinsurance
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wycl46
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilwdi93
ilwa3o0
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I know you said that you “kicked this up the chain” but if I were you I would contact the public safety department directly. It’s very unusual for an actual peace officer to do any of the things that you’re talking about. Not to say that there are not bad eggs or unsavory types in law-enforcement, however most peace officers will not advertise their position off duty and most agencies have policies against open carry of equipment while in plain clothes. I think this may be someone who wants to be a cop but maybe works private security and is a touch overzealous.
I don't think him being a peace officer is even relevant to the discussion of you being able to tell him not to bring them. I'm a peace officer and legally allowed to take my gun anywhere, but these places can also refuse to allow me to enter for wearing it. Ultimately, he can be asked to leave if he doesn't follow the rules and if he doesn't leave he would be trespassing. Bringing handcuffs would only be a violation of your in house rules. The crime would be him not leaving if asked to.
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wycl46
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilw4eyy
ilwdi93
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I've never heard of any mandate for a law enforcement officer to carry cuffs off-duty. However, cuffs aren't a weapon. Is there actually any harm in letting him carry them? Even if he's a bit weird. Edit: I missed the part of the demographics of your student body. If you don't get permission to ban the cuffs, perhaps request that they be hidden from view.
I know you said that you “kicked this up the chain” but if I were you I would contact the public safety department directly. It’s very unusual for an actual peace officer to do any of the things that you’re talking about. Not to say that there are not bad eggs or unsavory types in law-enforcement, however most peace officers will not advertise their position off duty and most agencies have policies against open carry of equipment while in plain clothes. I think this may be someone who wants to be a cop but maybe works private security and is a touch overzealous.
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wycl46
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilwd8y3
ilwdi93
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I deal with all sorts of requests for accommodations. I would refrain from interjecting anything subjective about this persons mentality and simply do as you did; Get info about accommodation request. Talk with HR, ELR or your UHR since your at a school. Have them make the determination. As an instructor you can hear the request but you don’t have to make the decision. Edit.- formatting
I know you said that you “kicked this up the chain” but if I were you I would contact the public safety department directly. It’s very unusual for an actual peace officer to do any of the things that you’re talking about. Not to say that there are not bad eggs or unsavory types in law-enforcement, however most peace officers will not advertise their position off duty and most agencies have policies against open carry of equipment while in plain clothes. I think this may be someone who wants to be a cop but maybe works private security and is a touch overzealous.
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wycl46
legaladvice_train
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilwa3o0
ilw4eyy
1,661,535,403
1,661,533,181
163
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I don't think him being a peace officer is even relevant to the discussion of you being able to tell him not to bring them. I'm a peace officer and legally allowed to take my gun anywhere, but these places can also refuse to allow me to enter for wearing it. Ultimately, he can be asked to leave if he doesn't follow the rules and if he doesn't leave he would be trespassing. Bringing handcuffs would only be a violation of your in house rules. The crime would be him not leaving if asked to.
I've never heard of any mandate for a law enforcement officer to carry cuffs off-duty. However, cuffs aren't a weapon. Is there actually any harm in letting him carry them? Even if he's a bit weird. Edit: I missed the part of the demographics of your student body. If you don't get permission to ban the cuffs, perhaps request that they be hidden from view.
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wycl46
legaladvice_train
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilwg9a7
ilw4eyy
1,661,537,823
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IAL, not yours. This is not a campus police matter, this is a general counsel matter. As the past few years have shown police, including campus police, are great arbitrars of what they think the laws should be. Your GC needs to rule on this, because the liability is on the school, not the police department. For what it’s worth, my old chief would have told this kid to stop puffing his chest and ruining the image of his officers, but boy-howdy had his predecessor gotten what was coming to him on how his department treated minority or lower socioeconomic students.
I've never heard of any mandate for a law enforcement officer to carry cuffs off-duty. However, cuffs aren't a weapon. Is there actually any harm in letting him carry them? Even if he's a bit weird. Edit: I missed the part of the demographics of your student body. If you don't get permission to ban the cuffs, perhaps request that they be hidden from view.
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wycl46
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilwd8y3
ilwg9a7
1,661,536,627
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I deal with all sorts of requests for accommodations. I would refrain from interjecting anything subjective about this persons mentality and simply do as you did; Get info about accommodation request. Talk with HR, ELR or your UHR since your at a school. Have them make the determination. As an instructor you can hear the request but you don’t have to make the decision. Edit.- formatting
IAL, not yours. This is not a campus police matter, this is a general counsel matter. As the past few years have shown police, including campus police, are great arbitrars of what they think the laws should be. Your GC needs to rule on this, because the liability is on the school, not the police department. For what it’s worth, my old chief would have told this kid to stop puffing his chest and ruining the image of his officers, but boy-howdy had his predecessor gotten what was coming to him on how his department treated minority or lower socioeconomic students.
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wycl46
legaladvice_train
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilw4eyy
ilx05to
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I've never heard of any mandate for a law enforcement officer to carry cuffs off-duty. However, cuffs aren't a weapon. Is there actually any harm in letting him carry them? Even if he's a bit weird. Edit: I missed the part of the demographics of your student body. If you don't get permission to ban the cuffs, perhaps request that they be hidden from view.
Not a lawyer but I do work in disability-related accommodations at a public university and this is certainly not an ‘accommodations’ matter. If a prof at my institution came to me with this I would suggest your department/institution consult with GC. Also get to know your student conduct code. Typically, students may not intimidate others in the classroom in a way that would interrupt their peers’ access learning or your ability to teach.
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wycl46
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilx05to
ilwd8y3
1,661,545,795
1,661,536,627
47
21
Not a lawyer but I do work in disability-related accommodations at a public university and this is certainly not an ‘accommodations’ matter. If a prof at my institution came to me with this I would suggest your department/institution consult with GC. Also get to know your student conduct code. Typically, students may not intimidate others in the classroom in a way that would interrupt their peers’ access learning or your ability to teach.
I deal with all sorts of requests for accommodations. I would refrain from interjecting anything subjective about this persons mentality and simply do as you did; Get info about accommodation request. Talk with HR, ELR or your UHR since your at a school. Have them make the determination. As an instructor you can hear the request but you don’t have to make the decision. Edit.- formatting
1
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wycl46
legaladvice_train
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[NY] Student in college course who is a peace officer insists he must carry his handcuffs on him at all times in the event he needs to "intervene" in a conflict. Are we obligated to allow him to do so? TL;DR Do i have a legal obligation to allow an off duty peace officer who is a student in a public university to carry handcuffs in class? I teach a college course that is also an EMT certification course for a public university system in New York. I've taught police officers in the past. Officers are permitted to carry their weapon off duty, but they have an arrangement with the campus officers to secure their weapons at their location when they are attending class on campus. AFter ten years of teaching, i've never had a police officer have an issue with securing their firearm with the campus police. This semester we have a peace officer enrolled in the class. Our public university's campus security are peace officers and public employees. This student works for another campus as campus security in the same university system. He met with me to discuss accommodations, and initially i thought it would be educational related accommodations, but he literally just wanted to talk about his handcuffs. The individual didn't seem to be mentally all there, and he kept going on and on about how dangerous our city is becoming and that it was imperative he must have these handcuffs on him. He also kept saying I could provide him "secret signals" if we needed him to "step in" to handle a situation. I politely advised him he should speak with the head of our campus security, as other officers have done, and discuss with them if it would permissible for him to carry his handcuffs on our campus. He kept being dismissive and stated he didn't want to "bother" the campus security with this, and that I should know the laws better. He also kept insisting I was the first professor to give him an issue about this. My class is mainly minorities from low socioeconomic areas. Unfortunately many of them have had negative interactions with law enforcement, and I don't want them feeling like they are being watched the whole time in their class, especially from a guy that seems mentally unstable and hyperfixated on protecting our classroom. Plus, with him already being obsessed with carrying cuffs in class, I'm afraid he's going to escalate minor disputes to a level where he will feel the need to use those handcuffs on a fellow students. I already kicked this up my chain of command and they are going to speak with our campus public safety about this. I just wanted to get an idea if I had a legal obligation to allow this student to carry his handcuffs in class because he is a peace officer. All i know is that peace officers in our campus public safety system do not carry firearms (except for the administrators). Even my friends that are police officers do not carry handcuffs off duty. I would have posted this on /r/ProtectAndServe but I was banned from there a while back.
ilx05to
ilwuxjx
1,661,545,795
1,661,543,688
47
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Not a lawyer but I do work in disability-related accommodations at a public university and this is certainly not an ‘accommodations’ matter. If a prof at my institution came to me with this I would suggest your department/institution consult with GC. Also get to know your student conduct code. Typically, students may not intimidate others in the classroom in a way that would interrupt their peers’ access learning or your ability to teach.
Are you certain this person is an actual certified/commissioned police officer? Have you seen his credentials? Not a badge, an actual department ID that states he is a police officer. He sounds like a whacker or a wannabe.
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A police officer released information about me? (Texas) I'm afraid to leave too many details in case someone finds out this is me but basically this is what happened: I'm 20 years old. Two months ago I was raped and I reported it to the police. I did the rape kit and everything. I didn't know the people involved and the kit didn't return any matches. I've had a very hard time with this. I've been going to therapy which has helped a lot, but I still haven't told any of my family or friends. I wasn't planning on ever telling my friends and was going to tell my parents and brother this weekend since everywhere will be home for Easter. Yesterday I get a text on my computer from my mom saying "Please answer our calls, we are so worried about you etc etc we are on our way to pick you up and take you home right now." I live a couple hours away so I was like WTF is she talking about. I charge my phone- it had been turned off all day. I'm met with *hundreds* of texts from family members and friends asking if I'm okay. What happened was: My childhood best friend has a uncle who is a police officer. I don't know what county he's in but he's in Texas too. Apparently my friend asked him to look up my brother's police record and for some reason her uncle did it. This is what she claims happened. I have no idea what the truth is. My brother was arrested several years ago for having weed in his car, and my friend who has always had a crush on my brother, wanted to find out more about him- according to her. Then apparently the uncle looked up my name too and found out about the rape. I was under the impression that it wouldn't show up on my report so I'm very confused. Anyway, he told her family (and included all the details and even sent them the recording where I tell what happened). Her mom called my mom and told her. Then, my "best friend" POSTED ABOUT IT ON SOCIAL MEDIA. I hadn't told anyone yet, I hadn't even accepted it myself, and now everyone I've ever known knows I was raped. The entire story was posted on my friend's Facebook (she finally took it down but it was too late) so now my family knows all the horrible details that I **never** would've shared with them. I have all the texts from my friends with her side of the story, and her saying that her uncle released this information and the recording. She sent me the recording so I have that. This entire thing has to be illegal- he released information about a victim and he also released information about my brother to her which I assume is illegal too. Can I press charges against this man? Who do I need to contact? What are my options? Thank you to anyone who reads this and has any answers
d1cxg3y
d1cj2sp
1,458,909,129
1,458,868,230
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Not a lawyer. Former LEO. Off the cuff I would say you have a pretty actionable case. Your information is put in the report (otherwise the crime can't be investigated), but it should be kept confidential, especially since it is an ongoing case. I'm sure Texas has similar laws as mine that clearly require law enforcement from releasing the information of a sex crime victim. I would talk to a lawyer ASAP if you plan on taking legal action. If not, at least write a formal complaint to the agency that released the information.
I'm so sorry for what happened to you. That was extremely fucked up what your "friend" and her uncle did...it was not their place to do that. She posted it for her own selfish reasons instead of personally reaching out to you and making sure that you're okay. I always thought the information of underage kids and victims of sexual crimes were confidential.... They absolutely should be. Putting personal info of victims out in public could be very dangerous for the victim...as well as very traumatic Definitely tell someone in his department. You can also tell a victim advocate about it and ask for advice... They work directly with the courts and police departments, they should take this seriously. In the mean time, don't let people pressure you into talking about something that you are not comfortable talking about...if you need space, tell them. Personally, I feel much more comfortable talking to a therapist than my own family/friends when talking about painful stuff.
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A police officer released information about me? (Texas) I'm afraid to leave too many details in case someone finds out this is me but basically this is what happened: I'm 20 years old. Two months ago I was raped and I reported it to the police. I did the rape kit and everything. I didn't know the people involved and the kit didn't return any matches. I've had a very hard time with this. I've been going to therapy which has helped a lot, but I still haven't told any of my family or friends. I wasn't planning on ever telling my friends and was going to tell my parents and brother this weekend since everywhere will be home for Easter. Yesterday I get a text on my computer from my mom saying "Please answer our calls, we are so worried about you etc etc we are on our way to pick you up and take you home right now." I live a couple hours away so I was like WTF is she talking about. I charge my phone- it had been turned off all day. I'm met with *hundreds* of texts from family members and friends asking if I'm okay. What happened was: My childhood best friend has a uncle who is a police officer. I don't know what county he's in but he's in Texas too. Apparently my friend asked him to look up my brother's police record and for some reason her uncle did it. This is what she claims happened. I have no idea what the truth is. My brother was arrested several years ago for having weed in his car, and my friend who has always had a crush on my brother, wanted to find out more about him- according to her. Then apparently the uncle looked up my name too and found out about the rape. I was under the impression that it wouldn't show up on my report so I'm very confused. Anyway, he told her family (and included all the details and even sent them the recording where I tell what happened). Her mom called my mom and told her. Then, my "best friend" POSTED ABOUT IT ON SOCIAL MEDIA. I hadn't told anyone yet, I hadn't even accepted it myself, and now everyone I've ever known knows I was raped. The entire story was posted on my friend's Facebook (she finally took it down but it was too late) so now my family knows all the horrible details that I **never** would've shared with them. I have all the texts from my friends with her side of the story, and her saying that her uncle released this information and the recording. She sent me the recording so I have that. This entire thing has to be illegal- he released information about a victim and he also released information about my brother to her which I assume is illegal too. Can I press charges against this man? Who do I need to contact? What are my options? Thank you to anyone who reads this and has any answers
d1cxg3y
d1cl8cs
1,458,909,129
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Not a lawyer. Former LEO. Off the cuff I would say you have a pretty actionable case. Your information is put in the report (otherwise the crime can't be investigated), but it should be kept confidential, especially since it is an ongoing case. I'm sure Texas has similar laws as mine that clearly require law enforcement from releasing the information of a sex crime victim. I would talk to a lawyer ASAP if you plan on taking legal action. If not, at least write a formal complaint to the agency that released the information.
If anything is still up on social media, depending on what is said/posted, you can ask that company to take it down. It probably fits the criteria of harassment that a lot of social media sites try to delete, even if your friends/family werent trying to be intentionally malicious. Other posters have explained what you can do about the cop, but also you need to talk to your friend who posted it on social media. That sounded more like drama farming than friendship to me, posting all the details like that. Even in a "Im worried about my friend who isnt answering her phone" situation, thats too much. You can't sue the friend though, just to be clear.
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My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixjqnbj
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While it’s true that your workplace has to provide you time and a space to pump, the IL statute does not address whether they need to provide you with refrigeration and a place to store it. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2429&ChapterID=68
As a long term solution, can you get your own mini-fridge set up by your desk? As a temporary working accommodation, while you are pumping. It would be more secure than using the community fridge.
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z2vwmh
legaladvice_train
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My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixjqnbj
ixjcbu8
1,669,245,707
1,669,239,428
933
114
While it’s true that your workplace has to provide you time and a space to pump, the IL statute does not address whether they need to provide you with refrigeration and a place to store it. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2429&ChapterID=68
Does your employer provide a designated and dedicated room, for employees to breast feed and/or pump breast milk? If no, perhaps you should ask your employer to do so and restrict access to the room only to those that need to pump breast milk and/or feed breast milk; in addition, request a restricted and designated refrigerator inside this room as well. They can also install a camera outside of this room to monitor who goes in and out of the room; unless there is an access control device/lock available for the room. Taking these steps will clearly demonstrate your employer cares about your well being and this complaint seriously, in a meaningful and productive manner to prevent and insure this does not happen again to you and/or anyone else.
1
6,279
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z2vwmh
legaladvice_train
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My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixjqnbj
ixj47x6
1,669,245,707
1,669,236,140
933
53
While it’s true that your workplace has to provide you time and a space to pump, the IL statute does not address whether they need to provide you with refrigeration and a place to store it. https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2429&ChapterID=68
Go bug HR. Are there cameras?
1
9,567
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z2vwmh
legaladvice_train
0.89
My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixj57tn
ixj47x6
1,669,236,538
1,669,236,140
886
53
As a long term solution, can you get your own mini-fridge set up by your desk? As a temporary working accommodation, while you are pumping. It would be more secure than using the community fridge.
Go bug HR. Are there cameras?
1
398
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z2vwmh
legaladvice_train
0.89
My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixk45q3
ixjcbu8
1,669,252,061
1,669,239,428
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It seems IL statue provides for time and space to pump but not designated storage. Given that the bottles were back in the fridge after your lunch period, I would assume someone intentionally took them. Even in a bag, it would be quite obvious what they are as most pumping bottles just look like a bottle with a cap instead of a nipple. That being said, they're likely going to consider this with the same weight as someone taking your lunch, although this obvious carries a greater ick factor. Obviously dump that milk, sanitize your bottles, and escalate to HR but, as of now, you don't really have any clear damages for them to arbitrate so anything more or less they do will likely be choice.
Does your employer provide a designated and dedicated room, for employees to breast feed and/or pump breast milk? If no, perhaps you should ask your employer to do so and restrict access to the room only to those that need to pump breast milk and/or feed breast milk; in addition, request a restricted and designated refrigerator inside this room as well. They can also install a camera outside of this room to monitor who goes in and out of the room; unless there is an access control device/lock available for the room. Taking these steps will clearly demonstrate your employer cares about your well being and this complaint seriously, in a meaningful and productive manner to prevent and insure this does not happen again to you and/or anyone else.
1
12,633
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z2vwmh
legaladvice_train
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My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixk45q3
ixj47x6
1,669,252,061
1,669,236,140
123
53
It seems IL statue provides for time and space to pump but not designated storage. Given that the bottles were back in the fridge after your lunch period, I would assume someone intentionally took them. Even in a bag, it would be quite obvious what they are as most pumping bottles just look like a bottle with a cap instead of a nipple. That being said, they're likely going to consider this with the same weight as someone taking your lunch, although this obvious carries a greater ick factor. Obviously dump that milk, sanitize your bottles, and escalate to HR but, as of now, you don't really have any clear damages for them to arbitrate so anything more or less they do will likely be choice.
Go bug HR. Are there cameras?
1
15,921
2.320755
z2vwmh
legaladvice_train
0.89
My breastmilk was thrown out while I was at work (IL) I typically bring a cooler I store my milk in but today I forgot, so I resorted in putting the milk in a Walmart bag (to keep it discreet). I put the milk in toward the back of the fridge. Well, as the title states someone at work threw away my milk along with the bottle I use to pump. i told the manager and they did very little to “look for it”, they don’t know who did it, or where it went. The equipment is expensive so im very irritated they disregard my belongings from n top of throwing out my babies food. Is there anything I can do? I truly feel this shouldn’t happen.
ixjcbu8
ixj47x6
1,669,239,428
1,669,236,140
114
53
Does your employer provide a designated and dedicated room, for employees to breast feed and/or pump breast milk? If no, perhaps you should ask your employer to do so and restrict access to the room only to those that need to pump breast milk and/or feed breast milk; in addition, request a restricted and designated refrigerator inside this room as well. They can also install a camera outside of this room to monitor who goes in and out of the room; unless there is an access control device/lock available for the room. Taking these steps will clearly demonstrate your employer cares about your well being and this complaint seriously, in a meaningful and productive manner to prevent and insure this does not happen again to you and/or anyone else.
Go bug HR. Are there cameras?
1
3,288
2.150943