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Paula Brown Sinclair

Paula Sinclair’s Answers

7,954 total


  • Custody and guardianship

    My son is trying to get a lawyer through legal aid to get custody of his son who the mother abandoned with him over a month ago. In the mean time can he get emergency guardianship, or would someone else have to. And would doing that make it harder...

    Paula’s Answer

    What exactly is happening here is far from clear. Emergency guardianship? Child abuse hotline? Neither. If the father was not married to the mother, he needs to establish his paternity. Until he does, he is a legal stranger to the child even, yes even, if "his name is on the birth certificate." He needs to petition the court for an order of filiation that includes a prayer for a decree of parental rights. Due to the absence of the mother, a temporary custody order under Rule 65 would probably be appropriate. Nothing short of representation by local experienced family counsel will meet his needs, and expecting Idaho Legal Aid Services to do so is unrealistic.

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

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  • This is not on the legal side I need help with family law

    my ex had a lawyer I didnot..I chose to listen to my ex and his lawyers wich was a huge mistake they said they didn't want the case to go to trial that we needed to come to an agreement b for twin weeks of a circle the next thing I know we have an...

    Paula’s Answer

    Much too much is missing from your description to know what remedies may be available. Nothing short of representation by experienced family counsel will meet your needs.

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  • What are my parental rights if I need to get out of an abusive marriage

    My husband threatens to not let me take my daughter If I leave him, but he hasn't ever changed a diaper or fed her or bathed her so I don't feel like it would be safe to leave her

    Paula’s Answer

    The child has a right to custody orders based on his/her best interests. It may become your duty to reach that goal. Theoretically the rights of both parents are equal until a court order decrees otherwise. With the unequal power between parents in an abusive relationship, the weaker/victim often must access other resources to protect the child. Start by finding your local domestic violence resources. They can coach you and help develop an "escape" plan that will allow you to maintain physical custody of your child. Be assured that when a court determines the best interests of a child, the prior track records of the parties in meeting the needs of the child are very important.

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

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  • How can I avoid my ex from having my child visit him in another state?

    My ex and I lived together in NC. He dumped me and said he was going to NY, so I moved to ID. Found out after I moved I'm pregnant with his child. He wants to try and get visitation rights to have the child go to New York with him. I don't want my...

    Paula’s Answer

    Much too much is missing from this question-- for instance, whether there was a marriage and divorce, or whether his paternity and parental rights have been decreed. Of course, if the visit in New York has been ordered by a court of competent jurisdiction, then compliance is expected until the order is changed. For the more precise advice you need, consult with experienced family counsel.

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

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  • Would filing or currently being in a personal bankruptcy be grounds to be disqualified as a sucessor trustee of a family estate?

    The family trust states that upon the death of both grantors and trustee of XXX be named as successor trustee unless he is disqualified or he dies. Does the fact that his personal finances are in shambles and he is in the middle of a personal ban...

    Paula’s Answer

    What is meant by "in a personal bankruptcy" is unclear. There is more than one type of bankruptcy proceeding, and the difference could be relevant in determining trustee qualifications. There is no absolute rule in Idaho law, but because a trustee's ability to satisfy his fiduciary duties could be compromised by his personal financial impairments, disqualification is a possibility. The determination would be made by a judge.

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

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  • Good Family Law Attorneys in Sacramento or Roseville Calif. needed !

    Our son is going through a nasty TRO, child custody in his divorce and we NEED a good attorney. One who works for men's rights and is not afraid to stand up for his client. Is there anyone out there that fits this order ?

    Paula’s Answer

    Feel free to use the Avvo "Find a Lawyer" function. This Q&A is not intended for attorney recruitment (or client solicitation either), and we don't recommend other attorneys here.

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  • Ssi and child support

    Will child support affect my baby ssi payments? Planning to take my child's father to child support but my baby has SSI do I have to report ssi to child support or child support to ssi? What happens if I report child support to ssi and child's fat...

    Paula’s Answer

    Supplemental Security Income (SSI) is a welfare program managed by the Social Security Administration. A beneficiary must have little in income and assets to be eligible. Child support actually received must be reported and may reduce the benefit amount two months later.

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

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  • Ssi payee

    My baby was born very sick and I have been on maternity leave for 10 months and I have to get back to work ASAP I live very far from my mother 25 mile distance and I'm planning let the baby live with my mother full time because I have no baby sitt...

    Paula’s Answer

    • Selected as best answer

    Yes, this can be arranged with the Social Security Administration, and seems a very reasonable plan.

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  • I just got served papers from a private processor at my mother's home at 7 a.m. I do not live with her. Is this legal?

    I just got served papers from a private processor at my mother's home at 7 a.m. I do not live with her. I don't even have a key. Is this legal? I am visiting her and doing things around the house to help her. She is 74 y/o, weak, frail, an...

    Paula’s Answer

    As a general rule, where you are present for the delivery of the papers, your actual residence does not matter. In some states service of process on another adult who resides with you is effective service, but that is not the fact situation you describe. Dodging personal service is not a wise strategy because a plaintiff can usually get court permission to proceed with alternate service.

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

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