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Diamond Tran’s Answers

46 total


  • How do I obtain guardianship of my adult sister who is special needs

    Since my mother passed away 2008, I have since taken care of my adult sister

    Diamond’s Answer

    Is she special needs because she has a developmental delay? If so, it would be a limited conservatorship petition that you would need to file. In general, a person qualifies as developmentally disabled if s/he has an IQ less than 70 or is diagnosed with autism. (Other conditions can qualify as well.) The Orange County Probate Court usually grants Petitions 2 to 3 months after the Petition has been filed. During that time, the Court investigator will interview those involved and the Public Defender will be appointed to represent your sister.

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  • Can a 21 year old brother be a legal Guardian for a 17 year old sister?

    Father just died and had designated son to assume guardianship. Mother is deadbeat but has joint custody. Father has been sole support of both until his death. Mother now wants to go after guardianship of daughter because of Social Security. ...

    Diamond’s Answer

    I am sorry for your loss. It is commendable that you would like to assume guardianship of your sister. In general, it is possible for a 21-year-old sibling to initiate the paperwork to obtain guardianship of a minor sibling. Whether a judge would grant it in your case depends on a lot of factors. You should speak with an attorney. There may be free resources available to you as well, such as Public Law Center and Legal Aid Society. There is also free help for unrepresented litigants at the courthouse. The court filing for guardianship cases can be overwhelming for non-lawyers and requires that notice be given to mom, siblings and grandparents. You should also contact Social Security immediately.

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  • Served guardianship papers for my child. What to do?

    The courts granted me custody of my son years ago. Two years ago, I let him go live with his grandparent, but I see him regularly. Now his grandparent has filed for guardianship falsely claiming abuse. His non-custodial parent is a drug addict and...

    Diamond’s Answer

    If you consent to the guardianship, your parental rights are suspended, not forever terminated. You would still be liable for child support. If they adopt, then both your rights and responsibilities are terminated. Visit your Court's Self-Help Center if you are unable to afford an attorney.

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  • Conceived a different man's baby while married?

    If you're still marry but you gave birth to a different man's child. Who's exactly father? What happen when biological father tries to get visitation or custody? Can mother still file for child support from bio father? What happen when mother divo...

    Diamond’s Answer

    I agree with Mr. Montgomery. Additionally, the biological father may file a Petition to Establish Parental Relationship and request DNA testing as well as custody and/or visitation if he so desires. It is also possible to request child support from the bio father.

    Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential cases and determine if we will be able to represent you. Unless and until a formal retainer agreement has been fully executed between the Law Office of Diamond Tran and yourself, we will not take any action on your behalf.

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  • I got married in Vancouver Canada and now I live in US and want a divorce. Do I have to file in Canada or can it be done in US?

    I live in the US and my wife lives in Canada and we have not seen each other in 6 years and I want to file for divorce but don't know if I can do it from US or does it need to be filed and processed in Canada. There are no children and this will ...

    Diamond’s Answer

    The other attorneys are correct. In addition, if there are no children and property to divide, it should be a fairly straightforward dissolution.

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  • How do I go about getting gaurdianship of my boyfrinds granddaughter.

    My boyfriend and his daughter are both medically or mentally/physically unable to properly care for this minor. I'm already doing the mom things, Dr dentist, school etc because mom won't. Cos has been involved which is why they live with us. How...

    Diamond’s Answer

    You should speak with an attorney about a probate guardianship of the person, for which you would need to file appropriate paperwork with the Superior Court. The court filing for guardianship cases can be quite overwhelming for non-lawyers and requires that notice be given to the baby's father as well as certain relatives. A Caregivers Affidavit Authorization is another option that does not require court involvement, but whether or not it is a suitable alternative to guardianship in your case depends on several factors that you should discuss with an attorney.

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  • I want to gain custody of my younger brother, he is 15. How do I go about it? I'm enlisted in the Marine Corps.

    Our mother passed away a year ago from brain cancer, my step dad now has custody over him and my 18 year old brother. My step dad is enlisted in the army. Right now I have a case open with NCIS about a sexual assault against my step dad. It is sti...

    Diamond’s Answer

    Sent from my Verizon Wireless smartphone

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  • I want to emancipate my 17 year old son

    I have enough money to support my 17 year old son in his own apartment. He doesnt get along with me and wants to fight with me all the time and become physically abusive to me. The theropist said to to emancipate him. Can I do this fast?

    Diamond’s Answer

    • Selected as best answer

    It sounds like you are in a tough position and if he is physically abusive then I imagine you must be scared of him. Unfortunately, though, in order to be emancipated the law requires that the minor must be self-supporting. If you are continuing to support him, just in another apartment, that is NOT considered self-supporting. Does he get along well with any other family members or close family friends? Or is he just as abusive towards others? An option, if he does have a good relationship with another adult, is to allow him to go live somewhere else. If that is a possibility, then you want to speak with an attorney about documents or an agreement that you may need to have to clarify rights and responsibilities of those involved. Please feel free to contact me if you would like to discuss this further.

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  • My mother is mentally ill, and my father is living out of country. My mother beats me, could I legally give custody to my aunt?

    My mom has lost custody before, same issue, being mentally ill. She is violent, and my father has had full custody until he under certain circumstances has had to move to france. I've been living with my mother for 1 year. She is moving, and I don...

    Diamond’s Answer

    When you say your mom has lost custody before, do you mean she lost it to your dad, or were you removed from her home by a county Social Worker? Do you know if you have an open case in Juvenile Dependency Court? If not, you should speak with an attorney about a probate guardianship of the person. I handle guardianship cases and would be glad to speak with your aunt regarding the process. Your aunt could file a petition with the Superior Court. The court filing for guardianship cases can be quite overwhelming for non-lawyers and requires that notice be given to both parents as well as certain relatives. A Caregivers Affidavit Authorization is another option that does not require court involvement, but whether or not it is a suitable alternative to guardianship in your case depends on several factors that you should discuss with an attorney. Best of luck to you.

    Law Office of Diamond Tran
    (714) 916-TRAN (8726)
    www.diamondtranlaw.com

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  • Getting a new SSN when I am a victim of domestic violence.

    I want to apply for a new SSN citing my history and future threat of domestic violence. My ex, the father of my 15 month old son is in prison for 4 years (with half time) for beating me up while i was pregnant. He is scheduled to be released on pa...

    Diamond’s Answer

    You should review this information from the Social Security Administration if you haven't already: http://www.ssa.gov/pubs/EN-05-10093.pdf. It explains quite thoroughly the requirements for obtaining a new Social Security number and card for domestic violence victims. You would need to change your name first which is something that is done through filing a name change petition in Superior Court. Yes, it can be a burdensome process if you do it yourself, but you could seek free help at the Court's Self-Help Center or a legal aid organization such as the Public Law Center or Legal Aid Society. If you have the means to retain a lawyer, you should consult with local attorneys immediately. January is just around the corner and the name change and Social Security processes take time.

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