Law & Daily Life - The FindLaw Life, Family and Workplace Law Blog


No private party can ban you from owning a gun. However, if you rent your home, your landlord might be able to prevent you and other tenants from bringing, or keeping, a gun in your own home. Also, know that you can be evicted for possessing a gun if your rental or lease agreement prohibits it.

While the Second Amendment does protect the rights of gun owners, it only protects those rights from governmental intrusion, just like the First Amendment and free speech. This means that unless your landlord is a governmental entity, like a city, or state, agency, or receives state or federal funding for rental assistance on your property, the Second Amendment is unlikely to apply.

Whether you're just getting divorced or still hashing out custody issues with an old ex, you're probably wondering if you need the help of an attorney. Beyond having expertise in the field generally and familiarity with the court or judges involved specifically, an experienced child custody lawyer can act as a reasoned buffer between you and your ex (and possibly his or her attorney).

But how do you get a sense of the custody procedures and process and figure out which custody lawyer is right for you? Here are five questions to ask a potential child custody attorney, before you hire them.

It's about that time -- your nest is about to get a little emptier. There are a lot of emotions that can bubble up when a child goes off to college, much of it is apprehension and fear for their wellbeing. And while you might be focusing on the physical, emotional, and financial risks (as well as that GPA), there are some legal risks to be aware of as well.

So here are a few legal thoughts to throw on that college packing list before your child heads to campus:

Married couples frequently hold bank accounts jointly. When a couple divorces, the marital property and assets, including joint bank accounts, must be divided. But do you have to maintain that joint account during the divorce process?

Many divorcing individuals are often confused about the rules for joint bank accounts once the divorce process gets started. Below, you can find some guidance, but be careful, as the laws governing divorce vary from state to state, so it'll always be best to check with a local attorney before taking action.

The majority of employment arrangements are at-will, meaning either the employer or employee can end the employment for whatever reason or no reason at all. But there are some reasons an employer can't use to fire you. For instance, you can't be fired for reporting workplace safety or wage and hour violations. You also can't be fired solely based upon your race, national origin, gender, or religion.

But what about your religious wear? We know that many employers have dress codes -- does that mean they can force you to remove a religious garment like a hijab, temple garment, or yarmulke?

When making child custody determinations, courts and child service agencies will make decisions in the child's best interests, and those interests can be examined through a variety of factors, from safety and stability to continuity of family, friend, and school relationships. Absent clear evidence of abuse or absenteeism, rarely is one circumstance solely determinative of custody.

But one Oregon couple is claiming that a single factor, their IQ, has been used to deny them custody of their two young children, even causing Department of Human Services to step in and take the couple's second child before he could even leave the hospital.

When we go to an attorney's office, we pretty much expect that the billing clock will start ticking as soon as everyone sits down. Aside from an initial consultation or contingency fee arrangement, most lawyers aren't in the business of giving their time and advice for free.

But what if your lawyer comes to you? Or needs to go somewhere to view evidence or take a deposition? Is she billing you for the time spent in transit? And does travel time cost the same as legal research or court time?

Whether it's legal to shoot or kill trespassers is one of our most common property law questions. Short answer: generally only in self-defense and in fear of bodily harm or death. And while we normally don't think of animal trespassers in this light, perhaps we should.

An unidentified Texas man was recently hospitalized and had his jaw wired shot after a bullet he fired at an armadillo in his yard at 3 a.m. ricocheted off the animal's armor and struck him in the face. The status of the armadillo is unknown, but the man's unfortunate fate raises an interesting legal question: When can you legally kill animals on your property?

When debt becomes overwhelming, bankruptcy becomes an option. The idea behind bankruptcy is that some of your debt is erased to allow you pay for essential life expenses or repay other debts. The key to that last sentence is “some of your debt is erased.” Not all debt is dischargeable in bankruptcy, and which debts are dischargeable may depend on what type of bankruptcy you’re filing.

So how do you know which debts will be dischargeable in bankruptcy, and how do you differentiate between dischargeable and non-dischargeable debt? Find out below.

One of the tropes often trotted out in immigration debates is the notion that undocumented immigrants are getting services meant for citizens without paying into the system that funds those services. While this has been proven untrue (Pew Research estimates 8 million undocumented workers and their employers paid $13 billion in payroll taxes in 2010), the myth of undocumented immigrants getting a free ride in the U.S. persists.

And few forums are as ripe for this sentiment as public education. So can undocumented immigrant children attend public schools?