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    Saturday, December 5, 2020

    Legal Advice - Someone hit my mailbox with a truck and I have video. I called asking for compensation and he says I extorted him [NC]

    Legal Advice - Someone hit my mailbox with a truck and I have video. I called asking for compensation and he says I extorted him [NC]


    Someone hit my mailbox with a truck and I have video. I called asking for compensation and he says I extorted him [NC]

    Posted: 05 Dec 2020 12:27 PM PST

    Sheriff doesnt seem to be interested despite having video which clearly shows company name on side of truck. No plate can be read but this company only has one truck.

    I told him if he didnt pay me within 2 weeks for my damage that I would post video to all review sites where his company is listed, pursue charges, and sue in small claims, and contact the contractor's licensing board. After arguing with him for 30 mins, he agreed to pay but said I was extorting him.

    I googled his company on the SOS and he's administratively dissolved. Can I even sue a company that technically doesnt exist anymore? And is threatening legal action and bad reviews extortion?

    submitted by /u/toiletscum
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    News channels are suing local city to release tapes from my sister’s death. What can I do to stop this?

    Posted: 05 Dec 2020 04:00 PM PST

    EDIT: This is in Arkansas.

    My sister (21) died tragically in an apartment fire a few weeks ago.

    A local news station is now trying to force the city to release all video and audio footage of the burning building, of them pulling bodies out of the apartment, etc. so they can run it on the news. They're threatening legal action if the footage isn't handed over.

    My sister's death has really harshly impacted me and my family. The local fire chief told us the videos and audio was "very disturbing" and would likely not be something we wanted to see (and we don't want to see it).

    Is there anything I can do, as immediately family of the deceased, to make the news channels leave us the hell alone? The apartment complex was privately owned by one person, if that helps at all.

    The news has already tried to exploit our whole family, begging us to do live video interviews so we can "appeal to the emotions of viewers" when asking us about my sister. It makes me sick. We just want peace. These people do not know us or our family, my sister was not some massive local celebrity or anything, they're just exploiting a tragic story for entertainment.

    Thank you in advance for any advice. I hope there's something we can do.

    submitted by /u/Jojo370z
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    Bought a box of vintage earrings on marketplace and now the seller is asking me to return it

    Posted: 05 Dec 2020 09:23 AM PST

    Edit* I would like to thank everyone that has taken the time to respond to me. Thank you I really appreciate it.

    I live in Quebec. This week I bought a box of vintage earrings on Facebook marketplace por $50. Payed through interac transfer and went to pick up the earrings at the person house. The same night I decided to purchase a second box of earrings that she had available so I sent her an extra $50 and agreed that I would pick it up the next day. The next day before I picked the second box I received a message from the seller asking me to return the first box of earrings and that she would return to me the $100 that I had sent her (for that box and for the second one). She told me that she needed to get back the earrings because they were part of an estate, and she legally had to return them to her goddaughter who was the heiress of the jewelry. She also told me that possibly later she would be able to offer them to me again but that she needed to gather them all first.

    I told her I didn't have the earrings with me, she told me that legally she would contact marketplace to find out about her rights if I refused to return the earrings. I repeated that I didn't have them anymore and that if she didn't want to sell me the second box she had to return me the $50 that I had sent her. She hasn't replied back since.

    I know nothing about how law works on this case, if she made the mistake of selling the earrings that supposedly belonged to her goddaughter am I going to get in trouble for having bought them? I didn't know this when I bought them. I don't even know if its true or if she just regretted selling them. I don't want to be in possession of stolen goods. Although I don't know if they could be considered stolen goods.

    My question is should I return them? I had offered them to my family as Christmas presents so I could give them back. If it were true I would return them but Im not sure if she is telling the truth , I don't think she is acting in good faith by holding my $50 for the second box. I would appreciate any advice. Thank you

    Also I don't know if it's relevant or not but a jewelry collector told me some of the pieces could be worth around $50 , and the rest less. There's no crazy diamonds or any sort of special gem but overall the lot was worth more that $50 which is what I paid . I don't know anything about jewelry so I had no idea of the real value of the lot when I bought it. Thank you

    submitted by /u/happyfacereddit
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    Nurse gave false information to new employer, possibly cost me the job

    Posted: 05 Dec 2020 06:17 PM PST

    I recently received an offer to start a new teaching position at an elementary school, and was supposed to start this coming Monday. Before I could start, I needed to get an updated physical.

    Before the physical I had to fill out a form with a bunch of information on it, and one of the boxes that I checked was 'Have you ever felt anxious or depressed?'. I checked this box, and during the physical the nurse practitioner asked me a ton of questions around this, which I answered honestly: I had insomnia a couple years ago, and as a result I was prescribed a low dose of antidepressants. I took these for 2 months, and then stopped.

    They told me to wait in the lobby where I expected to get my results and the sign off, but instead they asked me to leave saying 'You're good to go' after I had waited for 15 minutes.

    I followed up with my new employer to find out that the physical hadn't been signed off, so I was unable to start work. The nurse had requested additional information with the note 'Needs clearance from her pcp, have been off medication x 2 month' .

    So now not only can I not start work on Monday, which will be a huge loss of income for me, but my new employer probably thinks I'm a crazy person for quitting my meds, which isn't even accurate as it's been two years since I've needed them.

    At the urging of HR, I contacted the nurse again. When I finally got her on the phone, I tried to correct what I assumed was a misunderstanding. However, she proceeded to ignore what I was telling her and instead was asking how long I'd been off the medication, and how long I was supposed to take it. When I responded that this was two years ago and I wasn't supposed to be on anything currently she proceeded to yell at me that because I was supposed to work with children she couldn't let me work with any 'symptoms'.

    So now I can't start this new job on Monday which is going to cost me my income, and in addition my new employer likely thinks I'm a complete crazy person.

    Is there anything I can do? Should I try to sue her for slander or something? I feel like I got completely screwed over and don't know how to fix it.

    submitted by /u/Dijmo
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    Using an LLC to avoid / lessen child support

    Posted: 05 Dec 2020 04:43 PM PST

    My wife's ex-husband owns and operates his own business and is listed as an LLC. His company (himself) makes well over $150,000 a year, he lives in a $500,000 house, drives a brand new Suburban, and has taken many luxurious vacations. He has refused to pay child support and is over $50,000 delinquent. He petitioned the court to reduce his CS income (what he makes in a year) to $17,000. Obviously, he is lying and is using the company as a shelter to avoid paying child support.

    He is the owner / CEO of the company and works from his home. If he worked for a different company the court could order the company to garnish his pay check, however, being the sole operator and payroll he refuses to pay anything. I understand he can write off a certain amount of his house / vehicle for business expenses, but over $120,000? Could he pay his current wife as an employee $120,000 / year to be his secretary / cleaning lady? Are there any supreme court case precedents / laws that state a person cannot use an LLC like this? The state is Kansas BTW.

    submitted by /u/shockernation69
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    Tubes tied without consent.

    Posted: 05 Dec 2020 05:09 PM PST

    (PA) Yesterday I had a hysterectomy and was informed by my surgeon that she discovered my tubes had been tide once she got in there. I have had 3 other abdominal surgeries: 2013(c-section), open laparotomy for liver laceration(2014), and exploratory abdominal laproscopy(2016). This could have been done during any of those surgeries but I never discussed it with any surgeon and I never consented to it. I didn't even know about it until yesterday. I understand that the statute of limitations for medical malpractice is two years. Does that mean that I can't do anything if/when I figure out when and by whom it was done? I really just want to know who, when, and most of all, why but I don't even know where to start.

    submitted by /u/AugustDarling
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    AmeriGas left tank on my property, now they’re billing me for back rent.

    Posted: 05 Dec 2020 09:16 AM PST

    This might be flaired wrong as I'm not sure what it would fall under. I'm in North Carolina Purchased my home in August 2019. I contacted Amerigas in September to establish new service since the tank was already here but never received a call back. I called again in October and finally received a response. At the time I requested a service call for a safety check to make sure our gas logs were safe to use the gas the previous owner left. I didn't sign up for any services. In November 2019 I called to price gas and they emailed me a copy of the service agreement. My partner and I decided we didn't want to use their services because of how difficult it had been to even get info as a new customer. When I paid for the safety check I told them we were not interested at the time in using their services. I expected them to come pick up their tank. Fast forward to November 2020. The tank is still here so my partner said to call and ask if the previous owner had purchased the tank and if that's why it's still here. When I called (after holding, no lie, for 80+ minutes) I was told we don't own the tank and they would schedule a pickup. I asked if there was a charge and was told yes, they'll be charging us $70 to pick up their tank. That we never signed an agreement on. I did escalate the call and asked to speak with a supervisor because it seemed ridiculous to me. Another 30+ minutes hold to get on the phone with a supervisor that basically told me I'm shit out of luck. He told me they could pick the tank up in the spring but I would still be charged. He was going to "make some calls" then call me back but I've never heard back. Today, I received a bill for the past year of tank rent. What's the best approach? With the pandemic and everything I really can't afford to just throw money at them.

    submitted by /u/HandlessGynocologist
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    I am fairly certain this is completely illegal, but just to check

    Posted: 05 Dec 2020 06:41 PM PST

    My mother is claiming that she signed off on her psychologist to get my (a 24y.o adult) medical records from when I was a minor. She does not have power of attorney or anything of that sort. I have been essentially no contact for the last year+. Should I get a lawyer to subpoena her and get her doctor's name and information?

    I am in TENNESSEE, my mother is in FLORIDA

    submitted by /u/InkedTesla
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    Coughing on someone intentionally

    Posted: 05 Dec 2020 05:25 PM PST

    So today I was at work and told some customers that they must wear a mask and they of course fought me about it. We went back and forth and long story short, this lady intentionally coughed on me in response to the mask rule. I'm going to get a COVID test on Monday. If I come back positive, do I have any legal recourse against this lovely woman?

    Augusta, GA USA

    submitted by /u/IBseriousaboutIBS
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    I don't know where my son lives

    Posted: 05 Dec 2020 01:31 PM PST

    My ex and I have joint legal custody of our son in Virginia, while she retains the majority of physical custody (I get the standard bullshit of "every other weekend").

    She has recently moved, and refuses to give me the address.

    There is no protective order, no pending litigation, and no reason for me to NOT have this information.

    It's not expressly written in the court order, but I thought it would be assumed being as I had joint legal.

    Is this legal? Should I stop asking and just file a show cause? Can I file a show cause for such transgressions being that it's not expressly written in the order?

    submitted by /u/rocket-widget
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    I was hit by a car yesterday

    Posted: 05 Dec 2020 09:34 PM PST

    I ride an electric scooter , goes 12mph max . I was crossing at an intersection yesterday and was hit by a vehicle. I had a green light in a crosswalk and a walk hand, no bike lane. In Mesa, AZ.

    She admitted fault at the scene failure to yield on red, failed to look to the right as I entered the crosswalk directly to the officer.

    Went to the ER, nothing is broken. Huge amount of fluid on my knee. I need to see an orthopedic surgeon, I can barely walk.

    She wasn't even ticketed! A police report was taken. The officer kept making jokes about hitting me with her car as I'm crying on the ground. I did call in a complaint and also asked why not a ticket for at least failure to yield on red.

    The SGT is supposed to get back to me. I'm considering contacting my council member, mayor, and city attorneys office.

    She sent me her vehicle insurance and texted me not to tell them. I called up and filed a claim. It is a major company.

    Also contacted the PI firm my mom previously used for an accident. It was late on Friday so the partners were gone. The assistant said she'd speak with one of the partners. They told me go to the ER, call back Monday with more info.

    I don't have health insurance and I don't drive due to a previous DUI & I haven't been able to reinstate. I live and work 1.5 miles from my job, grocery store, etc. I was doing the responsible thing.

    Any advice how to proceed?

    submitted by /u/Sarahkiloalva
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    Another tree law question for you all

    Posted: 05 Dec 2020 09:23 AM PST

    I know how this sub loves tree law. Well today, I'm happy to provide. This one is a bit different from other tree questions I've seen on this sub. I'm in Colorado, and hired a local tree removal service to take down a couple of rotting cottonwoods in front of my house.

    Despite the fact that he had my whole driveway to land one of them in, the tree guy chose to guide it along the edge of my parking area (without consulting me) and ended up pulling it down on top of a really nice, healthy juniper at the edge of my lawn.

    The juniper was a beautiful tree which the guy estimated was probably 80 years old, and although some of it is still standing, the cottonwood fell directly on top of it and removed probably 70-80% of its branches and several feet off the top. The guy said it will almost certainly die, and what little is left standing looks absolutely terrible.

    In the end he offered me $250 off my $2800 bill. I haven't paid him yet, and based off what I've learned about tree values and law from this sub, that seems like a massive low-ball. I don't have any interest in suing him; he's a nice guy who's just trying to take care of his family and survive 2020 like the rest of us, but he did admit that it was his fault and he should have aimed the tree differently, and I am out one large, mature tree that I really liked and will miss.

    As we were talking at the end of the day he vaguely referred to a contract which included some sort of indemnity for collateral damage, however I reviewed the paperwork he'd given me after he left, and all I ever got from him is an estimate that has no fine print and doesn't say a single thing about collateral damage. I don't know what (if anything) he's responsible for legally, and I don't know how to feel about his offer of $250. From what I've found so far online, that's about what a 6-7 foot tall juniper would cost. The tree he killed was well over 20 feet tall.

    So what do you all think? How pissed should I be? Do these things "just happen sometimes" like he said? Should I just suck it up, take the $250 and live with the loss, or should I insist on a lot more than a 9% discount on my bill? How would you all proceed?

    Thanks in advance!

    submitted by /u/Toomuchconfusion
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    What can I expect about what inmate said to me over the phone?

    Posted: 05 Dec 2020 08:14 PM PST

    Inmate I was calling said a few things that may have given away some information about their lawyer's strategy. After a little bit I realized that this idiot was giving away his lawyer's strategy and told him to shut up.

    How worried should he be that the phone call was listened to? It's fox lake correctional institute in Wisconsin, USA. It's more lax than the prison he was at, at least.

    Is it guaranteed that prosecution will record and listen to that conversation in the future? Or is it just very likely or a possibility? The inmate makes calls extremely frequenty.

    submitted by /u/FormerRevokerAbuser
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    Father-in-law accused of stealing from a customer

    Posted: 05 Dec 2020 08:05 PM PST

    My father-in-law was accused of stealing a ladder from a customer. She has a security system that supposed shows him taking their ladder. This is not the case as he has had that ladder for many years. It doesn't have any special markings but it is slightly bent due to an accident that occurred about 8 yrs ago. She wants him to show her, his ladder so that he can prove it's not her ladder. My father-in-law wants to show her the ladder to prove it isn't theirs but I'm looking for advice. Although it would be easy to just take that ladder over and show them, I'm curious if we/he should take any precautions in doing this. The lady is supposed a lawyer and is willing to review cameras with him concerning this incident. As well I'm also wondering if we do meet with her and prove that it's not her ladder, should we take any action to protect ourselves or against her. This is California and I know that it would be best to probably consult a lawyer, but I like to have as much info, suggestions, and idea of what to expect ahead of time.

    Thank you for any and all comments.

    submitted by /u/Sen1000
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    Getting screwed by my mom's soon to be ex-husband.

    Posted: 05 Dec 2020 05:51 PM PST

    So this man waited for me and my mom to go out of state to my aunt's house to divorce my mom and throw all of my stuff out including my sentimental stuff, like my dead grandfather's joke book, and my dead aunt's obituary.

    He also filed my taxes for my stimulus check which I am pretty sure is identity theft and I am also pretty sure he stole it out of the mail when/if it arrived at the house but since I am in IL; there isn't much I can do in the way of gathering evidence. It's just pretty suspicious that I haven't gotten my stimulus yet and it was supposed to be mailed to that house.

    He is in TN and I am in IL at the moment. What can I do about this?

    Also; what can my mother do? He has already filed for divorce in TN. I have two siblings, one is over 12 years old, the other is 16 but he never legally adopted her but has been claiming her as a dependent for years. He is trying to push for everything, the kids, the house, the car, etc..., in the divorce papers.

    What can we do to fight this and potentially get our stuff back (if he is lying about throwing it away) or at least some kind of compensation for it as well as what can my mom do to ensure at least visitation with the kids if not primary custody?

    We don't have any money, I only have about $500, he was the financial provider so he's kinda got us by the balls here. Luckily; he is on disability so he doesn't have a LOT of cash to fight a long drawn out legal battle either.

    Thank you for taking the time to read this, I appreciate any advice you can offer.

    submitted by /u/deeredman1991
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    My gun blew up due to bad ammo, what do I do now? (Raleigh NC)

    Posted: 05 Dec 2020 05:44 PM PST

    Good evening LA!

    Tonight was fun, I went to the gun range to practice with my handgun at a local range. I was running some standard, store bought ammunition through my handgun, when my gun exploded in my hand. Luckily no major injuries to myself (just a couple scratches where my wood grips disintegrated, and a bit shaken up) or others.

    My real issue is that my $1000 customized 1911 is a paperweight, the custom grips are splinters, and I have several hundred remaining rounds of ammunition from this company that you couldn't pay me to shoot. Myself and the range officers are certain it was the ammunition (likely a squib or a badly seated primer, both manufacturing errors) and not the user error. I also have video of the misfire on the range, we took plenty of pictures of the 5 man effort to clear my pistol. I also have the exploded round and what remains of my gun.

    I am hoping for advice on where I should go from here, what kind of attorney I should talk to (or if it would be a waste of time and I should just go directly to the ammo company). I want my property replaced but I have no idea how to do that most effectively. Thank you!

    submitted by /u/gunlathrowaway123
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    Illegal notary and dad signed away the ancestral land

    Posted: 05 Dec 2020 03:05 PM PST

    My stepbrothers had my 90-year-old father sign over my grandfather's land. They had him sign the deed and said they would get it notarized later. My dad was tearing up when they left. I've taken care of him for the last 8 years and live with him and am his only real child. They have visited once in the last 8 years.

    I told him I could probably call the lawyer and have it stopped since it will be illegally notarized but he doesn't want me to.I think he is intimidated by the stepbrothers (there are 4 of them). He said he would go there (2 hours away) and have the deed redone to leave me some of the land....at least. I think I need to call before it is recorded on Monday.

    Should I call the lawyer and tell him to hold the deed until we get there before it is illegally notarized or what should I say and do? Idk if the attorney will be in on the notarization or not.

    What recourse can be had about a notary who does this? We are in Virginia. Any advice would be appreciated. I am so upset.

    submitted by /u/falconlogic
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    Contractor charging us for arbitrary amount on uncompleted work, sent to collections, and claiming they did work that they did not do

    Posted: 05 Dec 2020 10:01 AM PST

    We hired a contractor to paint our house, and ended up having to end our contract due to an array of issues, a few of them being:

    -Broke various code regulations like balancing scaffolding on the steps, jumping up and down on it, and leaving it setup in front of the door after they left

    -Painters showed up clearly high

    -Left exposed nails, uncovered electrical outlets throughout the house

    There are a whole slew of other reasons why we had to end the contract which I'd be happy to provide, but for the sake of brevity I'll get to the point. The company apologized for everything that went wrong, but proceeded to charge us for "80% of the work". While they did do a few days worth of painting before we ended the contract, it is no where near 80% done. Aside from that, they never provided any documentation regarding the work items to be completed, and therefore are arbitrarily asserting that 80% was done.

    We contacted them to refute the charge, they asked for pictures, we sent pictures of everything (50+ pictures) along with an estimate from another contractor with the cost to fix their work, and yet they proceeded to send our bill to collections after ~30 days. With that notice, they are now claiming they did work which they absolutely did not do, and we can easily prove they did not do this.

    What can we do? Does it make sense to hire a lawyer and sue them? The state that I'm in has specific Home Improvement Consumer Protection laws that should aid our case, but I need guidance as to where I should go. Should I report this to the Attorney General's office, hire an attorney to have the company stop trying to get money from us, or go all in and sue them back? Happy to provide more details if needed.

    Edit: Located in Pennsylvania

    submitted by /u/throw_awaay2342
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    Can a minor purchase a sex toy?

    Posted: 05 Dec 2020 08:34 PM PST

    In Utah, I was curious on if a seventeen year old could buy a sex toy. No I'm not trolling anyone, I am asking a legitimate question since most of the state has conflicts of interest in laws. I've read the pornography and minor laws, and none of them mention this, so I'm wondering if it is indeed illegal, or just a matter of store policies

    submitted by /u/PoserPriestess
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    Help with police questioning

    Posted: 05 Dec 2020 05:47 PM PST

    My friend live in Pennsylvania and he was accusing of stealing when he didn't do it and he got question by police officers. I was his alibi since I was with him yesterday and the officer called me to see what I did yesterday. I told him what we did and he kept pressuring me to take a polygraph test since he didn't believe me. I told him I wasn't comfortable taking one so he wants me to come in tomorrow and answer a few questions. Before we finished he said there were cameras at the place that got robbed and that they collected fingerprints. Do I have to answer every question he has for me? Can I just say we didn't do it and not answer any more questions? If they have all the proof they need I don't see why I'm getting talked to. Can someone help please I'm really nervous about all of this

    submitted by /u/throwaway98917615
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    My (22f) mother passed, she left no will, three siblings underage (USA-NY&NC)

    Posted: 05 Dec 2020 08:12 PM PST

    I (F, 22, NC) am not even sure what to title this or the right questions to ask, so I think I am looking for help on that. My mom (F, 39, NY) died of a drug overdose yesterday (I just found out) and left no will. I have three half siblings (M13 & M7, whose biological dad has passed, and F4 who's biological dad is sentenced to 14 more years in prison and has revoked his parental rights.) My mom left behind very little if anything. She rented her housing, had no life insurance, and owned a car that is worth approximately $1000.

    My mom entered rehab recently but did not complete the program prior to her death. She voluntarily granted me a temporary kinship care of my half siblings prior to entering. It has all been new, and with COVID-19 tough for my siblings but they are adjusting well. They are all very close, and I have been present in their lives as often as I can since I left home for school in NC at 18. They are comfortable with me and I have taken them in, in the past, when my mom wasn't doing well.

    I am my mother's only living relative that is of age and do not know of any other family members of my siblings (although, I have little information on my 4 year old sister's father, besides that he is in prison and revoked parental rights.)

    I have been barely able to make it financially but have made it work since I started taking care of them. As someone who grew up in and out of foster care, I have done everything I can to make sure they do not have the same childhood I do. I put them first, always.

    As sad as I am about my mother's passing, I am more terrified that NY state will not grant me full guardianship based on my finances/age. I am completing my 5 year bachelors+masters (currently remote due to COVID-19) in April and work full time ($43k/year before taxes) at a hospital that provides subsidized childcare on location as a benefit. I will be promoted upon my graduation ($48k+/yr) pending my license. However, I have approximately $40k in student loans.

    I am still processing everything so my mind feels blank and not able to think of anything except making sure they stay together and hopefully with me, as full guardian (their wishes, as well). I anticipate seeking legal advice after the weekend, but I have been living paycheck to paycheck since I took my siblings in. I am trying to get some help on what questions to ask, what challenges to expect, and just how to make this process affordable, and efficient. I will also be reaching out to the social worker assigned to their case before my mother entered rehab. If anyone has any advice/resources or a better subreddit to post this in please let me know. Thank you

    Edited: I originally wrote my mother granted me temporary custody but legally it was kinship care.

    submitted by /u/lathrowaway6879928
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