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Paula Brown Sinclair

Paula Sinclair’s Answers

7,954 total


  • My adoptive mother is fighting with her ex boyfriend to be able to keep her son, whom may not be his. How to do this?

    my adoptive mother has been fighting with her ex about keeping her son. This man may not be the father. He has abused his other children, making them believe that they have been abused by the other parent (in this case, the mom), not him. The litt...

    Paula’s Answer

    Much important information was not included in this disclosure, but why is a man you are not sure is the father allowed any access whatsoever to this child. Unless he has filed his petition and obtained a Order of Filiation with a decree of parental rights, he is a legal stranger to this child. A consultation with local experienced family counsel is needed for more specific advice.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Child custody kiddnapping

    Unwed parents move from idaho to wyoming 2 days after we there father's parents kick child's mother out of home and father keeps child from mother

    Paula’s Answer

    This is a public Q&A forum for questions about the law and legal procedure. Do you have one?

    If you want to know about professional resources to address the situation you have described: contact Wyoming law enforcement for possible criminal prosecution and retain experienced family counsel at once to pursue the needed decree of parental rights.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Do I need a probate lawyer?

    My father died in October but the only thing that was written down was how he wanted to be buried. my father has a bank account that I can not have access to because he didn't set up if anything happened to him who recieved his money. I am his o...

    Paula’s Answer

    You may not NEED a probate lawyer, but you WANT one. You may be able to access the bank account without an actual probate through the small estate affidavit procedure, but it will take the expertise of experienced probate counsel to know if other issues must be addressed, and to assist in the process.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Im a 33 year old woman who was raped and molested by my father for seven years between the ages of 13 and 17.i want to file cha

    I want justice for what my father did to me in hope that others like me will take a stand no matter how much time goes by that we most show our own children and be brave and tell our stories of truth

    Paula’s Answer

    Idaho law imposes no statute of limitations for rape or sexual abuse of a minor. Regarding criminal prosecution contact law enforcement and/or the office of the Jerome County Prosecutor. For civil damages, assuming he is not collection-proof, retain local experienced litigation counsel.

    Best wishes for an outcome you can accept and please remember to designate a best answer.

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  • How long is a custody modification valid for??

    My ex and I have signed and notarized a custody modification agreement. However the modification was signed over 6 months ago and was never filed with the court. Do I have any backing to fight this document because she failed to file it with the...

    Paula’s Answer

    "What should be my next course of action?" The only safe strategy will be to consult with local experienced family counsel. No "notarized custody modification agreement" effectively changes court orders or alters the rights and obligations of the parties, and therefore any "time limit" is simply irrelevant. A motion for modification must show, as a threshold allegation and proof, that substantial and material changes have occurred which will justify a change in the custody orders in the best interests of the child(ren). How your concerns and objectives fit these legal parameters is impossible to know with the facts disclosed.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Is it legal for a loan company to call your job if your payments are late? ?

    Ive been having a loan company call my work every day because I'm late on a payment when i called and asked for the calls top my employer to stop she said she will not and will continue to call my job. I asked if ot was legal for her to contact m...

    Paula’s Answer

    There are few legal restrictions on creditors' attempts to collect their own debts. The rules are different for third party debt collectors. If the phone calls continue after you employer tells the creditor to stop calling your work place, Idaho's telephone harassment laws may apply and law enforcement should be contacted.

    And, no, despite what out-of-state counsel says, it does not depend on what is in your agreement.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • My husband and I live in Idaho we want to relocate, there is a limited custody order for his daughter do we need can go to court

    My husband won full custody except two day visitation with her mother which has been revoked due to sexual abuse allegations she has been ordered not to see her mom by cps and traumatic councilor but the custody agreement has not been altered. She...

    Paula’s Answer

    No, you do not NEED to "go to court;" you WANT to do so. Despite the involvement of the state in the custody arrangements for the child, and despite the severity of the allegations of abuse and neglect, the contact rights in the original custody order are still in effect and, if the day comes that CPS is not longer in control, those contact rights can be enforced. The safest strategy is to seek modification of the custody order in a manner that addresses the CPS issues and allows the move. Because the state court probably will not eliminate all contact, a modification to limit contact to infrequent, brief, professionally supervised visits might serve the best interests of the child. The assistance of experienced family counsel is definitely needed for successful modification.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can someone with power of atty. rescind a signed will and submit an unsigned intended will?

    The new intended will leaves everything to poa's grandchildren and her brother

    Paula’s Answer

    Well, here is an excellent example of out-of-state attorneys offering incomplete and misleading "advice."

    While it is true that an unsigned will is absolutely without effect under the law of Idaho, and presumably the law of every state, the statutory form general power of attorney can, if properly executed by a competent principal not under undue influence, grant to power to change beneficiaries.

    To know exactly what is being attempted and accurately advise, court estate pleadings ( if any) and estate planning documents must be examined by local experienced estate planning or probate counsel. Here on Avvo we can offer nothing more than general information about the law and legal procedure, which falls far short of meeting your needs.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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