Answers to grandparent's rights, forged checks

March 6, 2008 11:44:37 AM PST
We have many viewers looking for some legal guidance and our People's Lawyer answers some questions.QUESTION:

Can I use the Deceptive Trade Practices Act in small claims court? Can I get three times my damages if I win?

ANSWER:

Yes, when it comes to the law, small claims court is no different than any other court. The same laws can be used in any court. Under the Deceptive Trade Practices Act whenever you win, you can get up to three times your damages if you show the other person "knowingly" misled or deceived you.

QUESTION:

Do I have a legal right to see my grandchild? Can I go to court to get visitation?

ANSWER:

As a general rule, a grandparent has very limited rights to visit his or her grandchild. The law presumes that the parents act in the best interest of the child and they make the decision regarding grandparent visitation. A court may grant grandparent visitation rights only in very limited circumstances, for example, if one of the parents is in jail or has died.

QUESTION:

I heard you say that I am not liable if a thief forges my name on a check. My bank says I am responsible because I waited too long to report it. Who is right?

ANSWER:

We both are. As far as the law is concerned, you have no liability if someone steals your check and forges your name. On the other hand, the law also requires that you promptly report the forgery. Be sure to immediately review your bank statement and report any irregularity.

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