WWL>Topics>>05-14-17 8:10 am All Things Legal

05-14-17 8:10 am All Things Legal

May 14, 2017|

Doug Sunseri and Michelle Demarest discuss legal issues and answer questions from WWL callers.

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Automatically Generated Transcript (may not be 100% accurate)

Assessing the person's legal matter often requires extensive interviews to review of contracts and documents and research of the current state of the law on the issues involved. As a result the information provided by the attorneys in guests of all things legal is given for informational purposes only. It is not to be construed as legal tax investment or other professional advice. Communications with the attorneys on this program with a verbal our digital do not create an attorney client relationship. A happy Mother's Day good morning ducks and Terry and Michel Paris censor all things legal or weaken large gives call 2601 A 32601872. On till 10 o'clock today and I have any mom and my wife joining me this morning Michelle thank you for you working on Mother's Day I am I think our class managed AT&T did you do itself. So thanks and data Dave remembers too so. Very happy Mother's Day thinking we've seen I'd be here your wonderful Mueller and diploma and keep and now. So when it was on Tuesday to the remote this year and I'm on the mom Linda. On the month and now colleague is highly Jennifer Jennifer Steve. I mean that's Steve's wife now. College for. His time. And we have an. And a bit. So the other moms and our Ali Ali's mom is mom. And Alan Alan mean Elena and it is that we have here. That if the well. Directly days and days that stop stop while we're so happy Mother's Day to all the moms have a lot of moms who this dues. And so when they call on Dave and if if you wanna call today to yes that question to a talk about. Memory of LaMont a B mom. They are so it just something that. I think my mom I'm one of the great things is she hit two very hungry boys. Because the and I will always played ball and we were very hungry. Until we were always well who. That's a great memory well I mean like French toast. Like we you know and every day it was different in so and you know we would issue it'd be creative quality and quantity hey it was with the hallmark of and Terry meal. So tenths. Hence my local book that Qaeda. And I think today is probably the most busy day for us. Yeah and last night was pretty crazy and start some place here we can partly eaten. And then Nam while even when we song we park right around a corner. And we parked in front of the restaurant and all the tables set seven more like. Here comes on currently. Years ago we went out to lunch for Mother's Day and Alec even said this is the last. So we're going to be home today you're going to be barbecuing. I think we have like 23 people come in him. That's right just feeling barbecue and women and women and just hang around. Ameren telling him about and that's right John but the moms. And we know that we are trying to get the kids today. Carol Otis or even think straight to that thing emerald yes yes so happy. The beautiful day from Hollister attended so happy happy mother's side and now we normally start. Karma sports now. You went to your first LSU baseball game Friday we had so much fun. Those that you spoiled. Because we had the best seats. Yes reiterates that he had fabulously beautiful weather beautiful land as seventies with a cool breeze coming into the grandstand at LSU played. Played against probably the one bit. Top three pitchers in the nation and him pretty good team element by Zach Tom Watson and paparazzi. Won the game winner in the in this or anything it was the really really good game it was a great game it was fun now the fun part. Was we met up with our brother and via who's a former opera over based poplar. So son Moses had. And Ella she shirt on with all the pain he he would he would he would that he is kind of a lot and that that tigris. They they they aren't and they said Wu pawn for the tigers. Which starts yet with partners and there LSU had actually they've this as well and Ella she's goes into high gear. Last year they had the rally pops in the mirror on my own them in the little rodent on top of the stick that they were waving. The rally costs and listen. Crime lash. From last year and this year they sought to have the semi attractive published on win on that one last final last six and SEC they did lose to south all of Allen midweek game. And they basically play in the SEC championship against Mississippi State. Which Mississippi State's coach is coach cam his arrow who is hard ought to L she's there. Late in the year last year and a lot of and then if there is who's you know. We talked a witch creek and normal for and he is doing a phenomenal job. In Mississippi State so on impact. Two lane on a mark on second guess to line but he won he he plotted to lined up and they have with the coach and not and it did now but I thought he was. Probably the man for the job but mrs. B states glad that two point in Tehran that and it went when is it when it's in the city state and this next week they're trying to sort of I think it's body's at its on the front I don't know it may be a Thursday projects are at least two years of work to check that. But is basically for SEC championship. In Mississippi State was. Probably the top. SEC team before I'll achieve before elegy dominated baseball dismissive pieced. That's at Mississippi State they head 34 and five I think in early eighties when dean's plan was ahead will Clark. Raphael Palmeiro and the relief pitcher that and 34 and far. The relief pitcher. Who escapes me right now but we'll come to me. The hand they had they were the first. SEC power. In baseball where they were the first SEC team that baseball became a major sport where they can actually make money. Yeah 151000. People attending games became a real event that we are told the story so many times that listeners probably are hearing it. But when I was elegy from eighty to 84. We see good LSU game baseball games to study. Yeah in the town because there was nobody in the stands I mean maybe a couple of hundred it was very quiet day. And you spread out your books on the on on the bleachers and then when you want to tackle breaking news spoke up watch came along you like text. Now you couldn't study. LSU game product now. Absolutely not and I just thought it was great it was it was it was a lot of dads that their sons. It was just a different atmosphere and Allison now eleven LSU football the it was just a different atmosphere as it looked like it was a different demographics. More more older people than younger people in assists in assists we just had a great time. What you would tarmac that the old timers. Grew up one baseball was America's game in football is secondary so you yet the Yankees Brooklyn Dodgers. A he would even he had no walls pelicans here which war. The which was America's game at that time so that's always stayed with them and a lot of the older old timers come out there with that will school books and and and and yet. I'm illegally seats. You know Madison said to me Africa. My daddy to bring hurt his efforts over ads used him. Let the other thing is is baseball you have. Three minutes of action stretched out two or three hours says a lot on the talking. In Iraq and you can listening to you and how to be a big deal legal and get popcorn. That's a different feel to and I mean if you feel this is. Skip burdens fields dispute. And a and he was there skip was right below us and there did you washing in my team at all he was TV the dog never end and Kramer's mama. She's a beautiful woman NC ATM multi she was intents intents. He teach you reminded me. You a little bit at me as Volvo X. As far as just hours all in all in Aaland and she's you know and expecting everybody performed. Exactly and and not really be happy winning you know especially on effort mystic. That's what pitching is really fun to watch you just like 23 rows close and then. Think it was. It was jet jetBlue jays which chase Robertson. Who's this they have Willie. Nine new Jack thought it was a well grow Robertson and Ian. Via as the young ones not the one who's the lead. Yeah. And he is stuck on his life. Duct idea benefiting me that I needed it and they're gonna miss him and on the question I keep my mind that they might have a job Ellis. I don't know how. Now and though it he was there so who's it was a great atmosphere is sold. Now looks like LSU is getting ready for the as it's on the play and SEC tournament two weeks three weeks looks like they they shoot. To hold on get regional and go there so that's good but pretty much LSU baseball until. Ralph was July mine as the saints are dormant right now. The pelicans are deciding and keep the general manager or in coach or one that you both neither. And everything else is pretty quiet and sports and there's no LSU baseball from this. It's an intention. I think it is I think is his idea that it does the SEC they started playing a lot of series on Thursday Friday and Saturday. And they originally did because it won't play in the Easter Sunday Easter Sunday off so I think they also. Some of the team's doing it for mother's days that. Who is that it did and it is last time with art in motion. That was it I was at a I was great moment for him when he when he came sixth inning now yesterday's game while she won 91. Eric walker had a no hitter going into eighth inning with two outs and then he had day. Ninth hole hitter who hit. A home rundown right on the line and Leno had a bit in College Baseball to throw a no hitter. Is. Even a greater achievement than throng one in the major weeks mapped it I mean is very hard do that and to take one into the eighth inning was great and he's only a freshman. And think about Eric walker he's not well on. Eric walk was. On a great. Not well all foreign picture pitcher he's one of those guys who just how to put to you know keep it low. And not given the you know like Greg mapped he'll never com. And never blowout right or just as a pitch all we gotta we gotta pack and attacks. Which are about three Mississippi state in that third fourth and fifth in 1980 two's will Clark Rafael Palmeiro on politics. And knew it comes to thank you. And an analyst said how carbonate the pelican that was also think and found him. I think in the morning then. But as to Taloqan had the pelicans who played. Miley baseball. Renault into walls in and then from probably early nineteen hundreds to about 1961. Time that I was talking about I guess it and then it pelicans they had a pelicans. Baseball team in 1978%. 71 year in superdome. And then separately when and I recognize what it what did you order are based on what that they. Don't mean I think yeah the the baby cakes. The baby critics of the baby cakes are. And it plane in the plan now there's there's there's I think there's now. Talk on the bottom division. And maybe they're still getting over the shock him in the name baby cakes. I won't go so you Bobby Thigpen and thanking listeners knew I'm. I'm usually pretty good about that but I mean it can take a hit to. Whole thing Albert colors and then Bobby pins phenomenal relief pitcher whose views are. So there ego but you know what it is appropriate to talk in sports among the captain and that is. All right so that's right we do all right well let's let's go to break that the Serbs shelled them honest answer all Tinsley will be right back after this brief are all right we're back. That since Sarah Michelle Deborah since area all things legal let's switch Kelly band Paula. They haven't closed. He. Who were German and us via FaceBook lie feed on your page my page Nikko Terry page. So on she knew Wednesday or is there. Also before we get into law. Couple tax first of all on elegy series against Mississippi State Thursday Friday and Saturday. Series. We also ahead. Oh and a Mother's Day wish on the attacks. From Marcus and I'll switch to my mom happy mother's. Cousin Eddie. Again I don't now I don't that you met because in that. Zone. It so I anti hope you do well and so if you if you beat Texas about the day Mother's Day wish we Lorena and also got a texting just remember on the dish mean Jean me need to make a stop at Home Depot be home few minutes and an eighth person I was for someone else which is given that two. At. 81418. And so also before we get to law. LSU opening day against Huber beat bring be 109. Days. And we're all. That's humanistic network or a game I think that's news though. There you go where coach we're Cotto Leon parlance for coach and we weren't so. All in for coach you know after he beat southern miss that first game it's eaten I was a different tune up Eric analyst at in with an announced I think I was more excited than he will keep her. From here in the story from what happened firsthand. When he got a call at 530 car I think now as almost as excited for him as he was for himself. And now so. Let's tell you what before we go into we talk tomorrow we hear of another weekly. Three questions. And Albert. Albert easily handles close. Because he's gonna write a book treatise on trees. That he is a thing into a third report chapter and so I will attempt. He invited down Ireland's channel wilder right now on charges talked about and ask him about it is tree issued a popular and opens it in terms of Emerson serie. In law and thanks to customize. Not the original report here. Let. Right the other layer in particular very or been here in manner and that they're next door. To us at you'd go over. Its partner bought property in a fellow. And who is responsible for port he'd tell you know. Well basically the as a couple factors the do you have. Do you have insurance for your our business. Certainly they're coming out and I'm I'd argue can be pretty it. You know that bit of that I take care of one the other has it on oh. Responsibility. Now for the damage he fans. Europe insurance should cover that less deductible now and our net now in order for the other party be responsible for your deductible on any additional damages. You'd have to show that the tree was. Defective or dying in and that the home that the business on issues known about it. And in order to recover from now. Otherwise if it's an act of god can't be responsible for the damaged but they do have an obligation to remove the tree. To the extent it's on there in the portion that's on their property. On their. Yeah well theoretically if you remove the oh it would get rid of the rest of the trio to. And other words to. Poultry go down right right. Rights and Tibet and the sale at the Apollo. Like on Google went on that day but oh well they'll oh by the adventure you know note. Didn't have a golf I. Now Natalie who question would be in order for additional responsibility for yours for the adjacent property owners is if they knew that tree new portion on the tree was dead and they didn't do anything about it. If that's established. Then it would be fully responsible for all you damages now okay as far as removing it. You practically they remove the tree that would remove the part that's extending on to York. Property and they just can't cut it in faintly in the truck and Sosa from pragmatic standpoint they would be able to used to you know remove the into archery and have an operation to do that. Okay and Eliot here. Your original question you get up under curious about Opel where can I O line fine about all that Mary can't poker. Neighbor crew from mission up. And to further basically could articles and arm OPEC give his holiday 3713048371304. And mobile will point to you. We got a good two CBS news update that was gonna go to local news we're back about four minutes and all things legal today were backed next Jerry Michelle ever since they're helping legal. Or week and lawyers. And we have a working mother today work in Sunday morning with this. Thank you for having. Well thank you for and we got a couple of the mothers day com. Text that this is chip. CH I PPA. Happy mother's. Mother is that to my motto. All right in New Orleans that I turnouts thinking and has it exactly he. They. Happy Mother's Day oh happy Mother's Day to cast these team and so and I was down. And armed. Wanted to talk about this on Mother's Day we think look on a topic we could talk and we're talking about. Co parenting classes won and we that you taught right and these are packed classes that. Or held for parents to gorgeous recently divorced to teach him how to. It's not to be as being an actor recently divorced at their cancer in the system like we have this neighborhood there and in the system for ten years. But their classes that people can and minds here voluntarily go to or quartz. They can volunteer in court becomes a judgment that DNA usually people who are either either. Parents to really want the tools to be able to effectively co parent. Boy there Daryn so entrenched. And the court really doesn't know he doesn't have many options today. Strongly recommend he take a peso blissful sort of backtracked this is something that's done in saint Tammany parish. It is an ash and debris started Jefferson Parish. And if you have when you say this two parents in the system would you leave it. In the midst either custody battle or divorce something dealing with with children in custody and visitation and wood is the purpose. Co parent class what is it to get the people out of the system and to stop the conflict and to give them the tools that they need to effectively. Apparently went in when you say get him out the system would you mean by that. I mean to have them stabbed on court to have the judges make the decision and they be able to sit down like adults and make decisions for their children. Now OK just for pragmatic standpoint. What is the difficulty. Of the judge making a decision on how your life's going to be run with the children's. School. That now. Actually we do okay. With SARS thing is the judge doesn't know your children doesn't know your life does in their likes or dislikes there their preferences. And second I'm on what we're finding this if parties can make their own agreements they're more apt to stick with it otherwise. You know if he had somebody telling you what to do with your own children. Eight to fill in of the Unita control it's a felony you have you have no say so in your tones. Well obviously in these did a lot these judges hearing offs as my hand up anywhere from 2005000. Open files in there quiver. And when a when you go before them the old the judges will look at your are maybe a few minutes before. They actually call you case. And in so which is going to be asking. A person. Who reads through the docket for maybe ten minutes fifteen minutes about half an hour. To make all your life decisions. Plus talent that zen like cash and an island in saint Tammany parish charity judges and you can. You can access to ram an attorney nine go in there remember they remember these parties so it's they know what's gone on. However. And as wise is JR in some instances. We just eat and that those of us who practice in this in his and you just know that it's better if parents can come again and make decisions. And their role model and for their children. If if they're role model on that we can't make decisions and we need to give it to a third party. That's generally teaching your kids about conflict resolution. Well I think two's is from from. People know their own lives better than with the judges know they'll. And a lot Thompson judges use OK if you can't work out this is the cookie cutter. Solution wanted to and is back on accommodate maybe the intricacies or differences in your particular family. And it worked out good and I'll never know exactly what goes right. Would now as far as what do you actually. You know what are some of the techniques that GOP two to co parent class that help. Couples that are struggling that are in the system at struggling been gaining on the same page and and and trying to. Address that those type struggles. This classes is broken down into eight. Eight weeks to hours apiece the first part of that class. Deals with ten teaching people have to stay focused on on the children and how children are affected by. Divorce conflict. And then this that that in the middle part of it is dealing with teach in the parents and this is Abilene is the most effective. What their trigger points are and that there respond to it as they have control over their own anger and their own issues and so many people think that. On angry and I have the M I have the right to just keep moat or it's your fault that we. But when we when we can teach people and they really get it. That hey I did have control of Patrick appointed do heavily acme. See now I'm I'm asking a lot of open and put you work this morning. Who would like some trigger points that you're talking about and how the day. Cause conflict and how can you avoid conflict by managing trigger points. And everybody has earned their points you know some people get traded if somebody China tell them what to do and they feel control. Hair trigger points if somebody questions committee's judgment and if somebody says something that might hit an you know wounded in them. On questions apparent inability just I mean an error there are. So many turner points for different people. But if we can teach people of that that just hit a trigger point I have control over how I'm gonna react. Then then it bleeds it leads to the ability tend not fan the flames of a conflict he can actually you can actually stop conflict because. If both parties aren't contributing into the fight there's. Now as far as. The our guests. What is it you know obvious advantages if there's conflict resolution. In context you know co parent class vs going into the court system and trying to hash it out. Aid doesn't cost you your attorney sees in the time in court it doesn't cost you the stress if you teaching your children and I conflict resolution. Your lead in their way. For you know one little success another day and you can have another success because of parties don't realize is that. They are going to be co parenting for the rest of their lives and their and a half. Mending and have graduation weddings grandchildren. So even though you don't you might not like who EC marry Taylor who. In your co parent here that the the the parent your your China he still thinking that. Now you have the issue regarding by definition says co parent team. Palm would would be the challenges if you have one parent who wants to co parent and the other one doesn't. That's difficult but that parent who wants to co parent is ill you can calendar response of your own actions can't control another side. So as long as you're damaging need to do we tell people attempt to take average your kids eventually we'll see. And you know when they get revealed an Arab that one parent to pirate. And you know it it'll come back and you and you get unity you'll be rewarded for. Now like if you if if I think some some people express this to you. In in the context class they say I wanna co parent but my other ex spouse doesn't want to co parent they don't wanna cooperate. Armed what is your advice to a parent in that situation. Learn it till. You need me eat a you'll be teaching your child you know that. The tools because her from me and in need you know I know this act kids who want to ask you watch how weak. We deal with other people they watch how we address conflict. And so it's from me that's one of the greatest gifts we can give our children and we really can't control the other side the other side choose not to do everything. And and and that's sort of the other point out gonna get T is a lot of times if you nets situation. Date more worry about with the other parent is isn't doing anyone try to control that that's what is. Gay and Giuliani she came to realize he can't. The best way to address the situation is netting you can only deal with yourself a dress yourself and gesture issues addressed the way you're doing it and the other side's gonna do whatever their and it. That's now if you follow that advice. A probably saved thousands and thousands of dollars in attorneys' fees and stress and stress all right we're gonna take a break Texans are much of their license area all things legal Weaver right back after his retirement they were back. That's in terms of numbers concern all things legal cut text from rusty plume and Aaron. Happy Mother's Day there and sexist. And out coached bill proposed on this he's he is assistant football coach announce details now. And use head coach Nichols thing I don't know if he's the first one our coach O. Nickel state I think coaches start out nickel state. Air to northwestern in 9084. Maybe one year if I'm not mistaken. And then. You remember that. It's only good on Sunday morning on I don't know I don't I don't I don't do that on. If I if I did this around the house I would. Look at me even more. With skepticism and normally. Like Monday if that's enough that's not so. I'll coach Turco and coached her life happy Mother's Day he's our athletic director Rommel right now. So. And age he would he actually built the nickel state program here are really good program on there so. And we were talking a little bit about. Co parenting you know that the good thing about. This is we'll that I asked taco older it will seek rulers. When there's a lot of conflict. That's where lowers. Have Maltese. Has to end the conflict. Is good for the attorneys pocketbook at times but it's really bad for the families. It's horrible profoundly as I was in court in the day and we weren't. You know was that the both attorneys were working together but it was likely townspeople. Yankee you're doing a good job you have one small issue if we're really gonna put you guys honest Cheney are gonna rip each other apart it is and a affect every thing. Until we re able to get and it and come to resolution and sometimes listen sometimes cases need to be tried at there's some really serious issues. But if it's simple issues are fits somebody's got offended or somebody's feelings hurt you're not gonna get the resolution you're looking for by pregnant teens and for blacks. For example cases forest you know switching Tom's visitation in a convenience issues. And he has issues that. Really are not either neither party really wrong. Because they each have a point of view issues would with the best. Of both parties in other words. Here's what here's here's here's my take on. A lot of times what they say their come but there there with the issues are and what they want to litigate I really not the issues. It's about it's about fear. It's about. Control control. It's about offenses some money in he wrong to me she wrong to me and even even if the judge decides or you win it's not cameras on your anger issues and control systems so. So wanted to issues too so sometimes which are saying is sometimes these issues pop up. They're not big issues but they getting its team because it's like a Trojan horse. To deal with other anchor and dissatisfaction. And difficulties within. That Percy. And also to I think it's farcical parents concerned. Especially when you go further into. The rate in the child growing up. If the pack in both parties are on the same page they can play you know the that the parents could be played against each. I think kids are great kids kids will play one parent often the other so fast even they kids two are great kids is just a Canadian man they're gonna do it. And so parents just have to realize that and if the the chassis said hey old mom and dad the airman demy an unlikely candidate there really. On the same page as far as I'm not gonna get away with this and then kids got some definite boundaries that they'll be able to manage growing. Because kids have rate negotiators. That there will split their parents after a day it's it's it's inherent isn't here they would make Donald Trump look like. And temperature aren't. All right and it. All right let's not tell you see date or go to break who grew listless go to break that's the term shut them necessary all things legal we'll be right back after his brief time out. We don't have custody agreement ordering. We do have a child support so we have not been the court from the custody issue. And in. The robbery in twos lack of communication on the mothers our current communication opera three weeks. Stolen compared situation weren't picking my dollar Scola dropped off school you on my we we tweak Monday's. Questions. Device you have for the lack of communication is there anything about this at the expense of having custody. Well. Jason wood we're gonna do is it because hole for about ten minutes we gonna answer that on the other Simon TV department ten minutes to do that so mom to stay tuned Jason would cargo Nash and his local news we're back in ten minutes with Jason answers question regarding a co parent situation CA ten minutes.