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Daphne Lori Macklin

Daphne Macklin’s Answers

739 total


  • Can Section 8 terminate me if my school failed to fax the paperwork on time? I have originals and can walk them in.

    After attending my re-certification appointment I was given several papers to have returned to the section 8 office. I faxed over my portion and the other papers were to be faxed over from my college admissions office and my dpss worker. Today I r...

    Daphne’s Answer

    Contact the low income legal assistance programs on the link below. Then contact the Housing Authority and request a hearing on the threatened termination of your housing assistance. You are not at fault and my sense is that you will be allowed to keep your voucher. Good luck with this.

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  • What can I do

    My father has filed for guardianship of my kids but my daughter doesn't want to live with him. He took my other two kids claiming that he just wants them to graduate, but my son is 18 and didn't graduate and since he has had the two kids, my son n...

    Daphne’s Answer

    You need to make arrangements to get to court and certainly you need to file an objection to the guardianship filing. You may also want to try to arrange an appearance by telephone (there are services that allow you to do this for a fee). The most important thing to do is formally object to the guardianship filing. Also if the guardianship is not being filed in the county where the child is living, there may be grounds for asking that the case be dismissed and require your father to refile the guardianship in the county where your daughter lives. Good luck with this.

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  • I want to keep my child before the custody hearing? Will that hurt my chances for primary custody?

    My ex was very abusive. Currently, we share 50/50 physical-legal custody. I want full because I'm starting to see the aggression in our child more and more. Last week our child punched another child at school and constantly talks about how my e...

    Daphne’s Answer

    If you and your child's father only have an informal child custody agreement, then you may decide to stop visitations until a court order is issued. I do not recommend this however and would instead recommend that you move forward with your goal of getting a formal custody order. the critical issue is that you and your child's father need to establish a parenting plan and may possibly both need to take parenting classes. I would be concerned that your child's aggressive conduct may need to be moderated by an agreement to have him participate in age appropriate activities. Good luck with this.

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  • Do I have to move out with 30 day notice if my wife just had major surgery and I am disabled with no notice on sale of house.

    My landlord sold the house, the person who bought it told us we can stay till oct 1 our lease expires July 31. He gave us a 30 day on July 2 and told us we had to leave on the 31st. My wife had major surgery on the 1st. can not do anything for 12 ...

    Daphne’s Answer

    Review the attached link. I recommend that you consult with or consider retaining a real estate attorney to negotiate a move out agreement that does not involve an eviction. If you are elderly as well as disabled you may be eligible for free legal assistance through programs in your community that provide such services to qualifying individuals. Good luck with this.

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  • LOOKING FOR A LAWYER TO HELP WITH EVICTION PLEASE

    I am being evicted for threatening to Sue for not making repairs. (1 problem): I have been complaining of debris in the air for a long time, paid for home inspection, they never took care of repairs inspector found. It has been ongoing and a night...

    Daphne’s Answer

    Review the attached link and feel contact me using the AVVO link information.

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  • If my child has an IEP, but needs additional help that is not listed in the IEP, what is the method to get additional help?

    I am studying the Procedural Safeguards in Special Education.

    Daphne’s Answer

    I recommend contacting Disability Rights Washington. You should be able to request a modification of the IEP if the terms of the plan are not workable or are not as effective as had been expected.

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  • Legal Terms, How can I keep my rights as a parent? Can my father get guardianship just because he feel he can?

    What classifies as an unfit parent. My father has filed for guardianship of my kids, he claims I'm still on drugs and can't provide for them. Which is untrue. I've been clean for 1 year and my kids are doing well. My father yet continues to slande...

    Daphne’s Answer

    The standards for getting a guardianship involve two things: first, is the parent of the child/children a fit parent as in is he or she providing the children with appropriate support and guidance, i.e. food, shelter, health care, maintaining school attendance, etc.. The second issue is what is in the best interest of the child. As your children are both older, they have some input and could possibly request an attorney be appointed to represent their interests. As I expect that you will want to resist this, you should consult with an attorney but also see if your father would be willing to do a mediation session so that you and he can get his concerns out in the open. Good luck with this.

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  • What are the steps to deem my brother incompetent? This would be for State of Colorado.

    He is currently living in an assisted living place. He has significant memory problems, i.e., he cannot remember if he has bathed or when the last time was when he bathed. As his POA I will give him some spending money and then see him later that ...

    Daphne’s Answer

    You need to immediately consult with a probate attorney in your community. Depending upon the laws of your brother's state of residence, you may be able to become his legal guardian or conservator which would give you control, with court supervision, of his income and resources. I would be very concerned about your brother's security in the assisted living facility given his memory issues. It may be time to look for companion services for your brother or an aide to assist with taking medications, bathing and housekeeping services. An elder law attorney or advocate in your community may be able to help you identify resources to help pay for the supervisory care your brother needs or identify less costly housing options.

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  • I plan to marry in Mexico with a valid civil ceremony through a mexican attorney. Is a valid Mexican marriage legal binding inCA

    Im concerned with mainly assets (homes and bank accounts) that I own and retirement that could be taken by a spouse after an X amount of years and alimony that spouses are granted also after an X amount of years.

    Daphne’s Answer

    My recommendation is that you immediately consult with a family law attorney in California about the wisdom of an out-of-country wedding when you have U.S.-based property an assets. You should also serious consider a pre-nuptial agreement especially if you choose to marry outside of the United States.

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  • I want to get back full custody of our daughter, can my exhusband sign her over back to me without going to court?

    My exhusband took me to court to get half custody of our daughter in Nov. 2012. He got what he wanted and doesn't pay child support anymore like he wanted. He was living with his girlfriend at the time and in April 2013 they broke up and he told m...

    Daphne’s Answer

    For your de facto (something that has happened as a matter of fact) change of custody to have any legal effect, your daughter's father and you will need to file for a modification of the child custody order with the court that issued the original order. An incentive for you is that even though the child is now in your custody, without a formally changed order, your daughter's father could claim (even though this is not accurate) that you owe him for child support during this time period. Deal with this as soon as possible to protect your daughter's well-being and your interets including your right to support as you are now the custodial parent of the minor child.

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