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Erin Patricia Farley

Erin Farley’s Answers

753 total


  • Is it possible for me to do an reverse adoption after my parental rights been terminated about 7months ago

    My name is maria pena I have 6kids under the age of 7yrs that had been adopted

    Erin’s Answer

    I am not certain what you are asking as your questions is unclear. If you are hoping to adopt the children to whom your rights were terminated, then my answer is no. The adoption process includes background checks and home evaluations... and it is unlikely you would pass those safety measures. I am sorry.

    Do not include personal information in your posts.

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  • Is it true a trustee can demand financial accounting of his parent's expenses from a relative who cared for the parent?

    Our father needed 24 hour care for 5 years or so. Can I legally obtain an accounting of our father's expenses for all those years? What date is used to determine the SOL, if any (date of death or ?) What else can I do?

    Erin’s Answer

    This is a Probate question - relabel your inquiry under that heading. Good Luck.

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  • CASE STATUS CONFERENCE

    What happens during a CASE STATUS CONFERENCE hearing in the courtroom in a divorce case? Do I need to prepare a statement and serve it on the opposing party and file it in the court prior to the hearing?

    Erin’s Answer

    A case Status conference is like an administrative check-in. The court wants to know whether you are moving forward, whether you need assistance and/or discovery, and (generally for attorneys) whether you will need settlement conference and/or trial dates. In some courthouses, volunteer attorneys are available for (very brief) assistance in determining next steps/paperwork. In general, local forms are available on the court's website for you to complete, serve and file.

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  • What form would i need to file against someone that lied on their income and expense declaration form?

    i am the petitioner in this case and my Ex (who i am having a custody battle with) lied on the income and expense declaration forms, what forms would i need to file against her so that she would have to show proof of her real income, and proof of ...

    Erin’s Answer

    If there is an upcoming support hearing, you would include information about income in your declaration. If a declaration was filed prior, just title it "Supplemental Declaration" and include proof of Wife's income.

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  • I don't to have lawyer representation but other party does

    I can't afford a lawyer so I can't get representation, but my ex does. How hard is it to get a pro bono lawyer?

    Erin’s Answer

    In reality, it's very difficult to get an attorney to take on a case for free - although most of us are in this profession to help people, we cannot survive without payment. If you are unrepresented because of financial strain, and your ex has a greater income, then consider a request that your ex pay for an attorney for you based on Family Code section 2030 (need and ability to pay).

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  • Can i move out at age 17 if am pregnant

    my parents might not support me and i want to move out with my boyfriend

    Erin’s Answer

    Legally, your parents are in charge of your living situation until you are 18. I agree with my colleague; if it's possible, have everyone meet and discuss your options. If it's not possible, you will need your parents consent. Good luck to you.

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  • Do both parents have to provide health insurance for a child?

    I am going to court next month for child support as the non custodial parent is seeking to have the monthly amount and back pay reduced. The original court papers indicate that he also has to provide health insurance for our child as well. In his ...

    Erin’s Answer

    Bring proof to DCSS (and to court) of his refusal to provide coverage and also proof of the coverage you provide. It will affect the child support payment amount because health insurance amounts are deducted from income.

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  • How far can nonresidential father take the children away?

    Is it ok if he takes the children and lives 15 miles away (~30 minutes) away? He takes my 10 year old daughter every Monday and Wednesday evening and overnight. He shares 1 room at his cousin's house and sleep with my daughter in the same room. ...

    Erin’s Answer

    The answer to this question depends on your particular orders. If there are move restrictions, they generally are withing county limits and/or 25 miles. If his location is interfering with your daughter's ability to complete homework and/or attend activities, then those issues must be addressed. Consider co-parent counseling to resolve the issues.

    As for his ability to travel; unless your order restricts or he is refusing to tell you where she is, then it appears he is within his rights.

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  • Can i adopt my 2 month old brother even if i am 17?

    My mother is a drug addict and has had my two other sibblings, of 15 and 6 years of age, taken away from her two years ago. I'm not about to let any law enforcement separate me and my baby brother due to my mother's habits.

    Erin’s Answer

    I am so sorry for what you have been through. The Family Code requires you be an adult to adopt. You are close to adulthood, so if anything happens make sure CPS knows that you would desire placement with you when you are old enough. Is there another trusted adult who could take you both in until you are of suitable age? Perhaps a guardianship? My colleague is correct - the father of the child would be the first contacted - what is his circumstance?

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  • Domestic partner received job offer in another state. Would like to take it. Is that possible with 2 kids from prior marriage?

    I am divorced. My ex-spouse and I have joint custody of our children (7 & 5 ). They primarily live with me. I have them 70% of the time. My new domestic partner has received a job offer in our home state for a substantial pay increase. We would li...

    Erin’s Answer

    No one can tell you your chances, especially not over the internet without the facts. But you should absolutely talk to your ex about this immediately. If the ex agrees, then you can move. If the ex does not agree, you will need to file a request for a move-away. The process is long, so get started. Good luck.

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