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M David Daniel

M Daniel’s Answers

12 total


  • Family Law

    For financial reasons years ago my parents put the family home in my oldest siblings name. Is there a way to transfer the home to all 4 siblings so they have equal title on the home? My parents instructions were that when it came time to sell the ...

    M’s Answer

    This answer is based on the limited information provided in the question. The answer is yes. The method is by deed. Your brother deeds the property to himself and you and your siblings not yet on the deed. Most often the tenancy (ownership) of choice is as tenants in common where each person has an equal undivided interest in the property. Note that your brother, assuming the deed is in his name, decides if this will occur. Good will and good family relations determine if this will occur.

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  • At what age does a child have the right to choose who they want to live with.

    They love their mom and she is not a bad mother. I have a job developing in another state that would benefit the children as well as myself. The kids are not happy living where we live. They are happy kids. Can they choose to live with me their da...

    M’s Answer

    Age 18 is when children get to choose. They are then adults. Until then parents make their choices. Now telling a teenager what to do is another thing.

    Your choices: 1) agree with the other parent on where the children will live; 2) go to mediation; 3) move to modify the judgment; 4) don't move.

    A challenge for you ---- you say the kids are not happy where you live and then you say they are happy kids. Maybe the happiness issue is where to start and an understanding of where and how happiness develops. That is an issue for a counselor and not an attorney.

    Best wishes.

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  • How do I and my family obtain visitation of my 1 month old niece?

    We have been begging my brother for a month to obtain visitation of his 1 month old daughter. He just got visitation be he won't let us see her. The whole reason why we wanted him to obtain visitation is so we could see her. Ever since he obtained...

    M’s Answer

    I know your are looking for a legal answer to your problem, this situation is one that does not have a legal answer. (In saying that I am presuming that your parents do not have the relationship that would allow them to obtain visitation rights since the infant is only 1 month old) The parents decide who will spend time with their child.

    Your problem is a family issue, not a legal issue. I know I am sounding like a Dear Abby column in the newspaper, but repairing family bonds is the starting point for resolution.

    Best wishes in doing so.

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  • MO police won't uphold KY court order?

    I've been fighting a custody battle in KY for a long time, and I asked the MO police face-to-face what would happen if the judge orders visitation with someone in KY that I don't feel needs to be around my child, and they told me straight out that...

    M’s Answer

    There is more to this story than you have set forth in your summary. Why is the custody case in Kentucky? Do you and your child live in Missouri and for how long? While it is probably true the Missouri police won't enforce the order, and this is true in most states, a contempt action could be brought in Kentucky. Again another question. What is the status of your custody action in Kentucky? Do you have custody?

    I recommend you consult with an attorney, possibly one licensed in both Missouri and Kentucky.

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  • What are my rights when a family evaluator is bias?.

    Going throught a very challenging custody case for my little girl

    M’s Answer

    This is a very sticky question. My experience has demonstrated that one, and sometimes both, parties may feel an evaluator is biased. The fact is all people have some sort of bias. A question to ask is what type of bias is it? If there is bias does it effect the ability of the evaluator to draw the right conclusion?. At the end of the evaluation one party is usually upset.

    Your rights are to either participate in the evaluation or not participate. Both choices have there own consequences. You can also commission another evaluator to perform a study. The cost would likely be born by you. That would be $3 to $6k that could have been spent on your child.

    Evaluators often ask questions that make those being evaluated think the worst about the process and the evaluator. An evaluator is trying to determine what may be the single most important issue in a family law case; custody of a child. The evaluator wants to see how the parties respond to adverse situations as well as observing parenting skills.

    If you are not yet represented by counsel you should consider retaining a family law attorney. If you are represented then you should have this conversation with your attorney.

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  • How can I prove to the IRS that I have been supporting my grandchild?

    The mother of my niece abandoned her at two months old and left her with no plans of support. My niece is now two years old and I have been supporting her this entire time. I never went through a family law attorney to get legal custody. The mo...

    M’s Answer

    First and foremost if you plan to continue to care for this child it is important that you establish a legal claim to do so. This can be accomplished, but a custody case is fact dependent beyond the information given in your question. As part of gaining legal custody you can also establish a support order.

    The IRS does allow someone who is not a parent to claim a child as a dependent. You must qualify to do so. The IRS sets forth the qualifying factors in Publication 504, available online. Even if you do not qualify for the dependent exemption you may qualify for the Earned Income Tax Credit.

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  • IF MY MOTHER AND I WRITE A HAND WRITTEN TEMPORARY CUSTODY DOCUMENT AND HAVE IT NOTARIZED IS IT LEGALLY BINDING?

    I WROTE A PAPER GIVING MY MOM TEMPORARY CUSTODY OF MY TWO CHILDREN AND GIVING HER PERMISSION TO MAKE MEDICAL EDUCATIONAL OR ANY DECISION THE NEED TO BE MADE FOR MY CJILDREN

    M’s Answer

    The proper form is a Delegation of Powers of Parent or Guardian. Stevens-Ness sells the form for $1.75. It is form #1478. This form is spscific to Oregon. It is available online or at local resellers. You can find a Hillsboro location online. The delegation is limited to 6 months, although you can then prepare another form. This process is governed by Oregon Revised Statutes ORS 109.056.There are limitations and requirements in the statute that are not set forth in this answer.

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  • Juristriction over my children, can it be changed to my new legal state of residency?

    After my divorce, my kids and I moved home to Oregon. My ex husband was in the military. My lawyer at the time, said that once I become legal resident in another state, I can file for the juridstriction to be moved from NC to OR. In our mediation ...

    M’s Answer

    Without further information I cannot fully answer your question. It is clear that since the initial determination for custody was made in North Carolina the to change jurisdiction to Oregon the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) applies. Oregon can obtain child custody jurisdiction, but North Carolina must first enter an order that they no longer have jurisdiction. This is a simple answer there are a number of requirements in the UCCJEA that must be met for Oregon to obtain jurisdiction. You should consider speaking with an attorney in your area.

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  • WHAT DO I DO IF I DONT HAVE ENOUGH ROOM WHEN FILLING OUT A PETITIONERS TRIAL MEMORANDUM BEFORE I GET TO THE NEXT NUMBER?

    I HAD TO FILE FOR CUSTODY OF MY SON, AFTER DHS CAME INTO MY HOME, SO TODAY IS THE CUSTODY TRIAL AND I COULDNT AFFORD A LAWYER SO I WENT TO LEGAL AID AND THEY GAVE ME A PETITIONERS TRIAL MEMORANDUM TO FILL OUT

    M’s Answer

    Attach an additional page. Make reference to the additional page in the form. You may also want to call it Exhibit ??, You can look at your court rules to determine how you number exhibits in your jurisdiction.

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  • If I have a written agreement to a one time change to visitation how can I keep him from backing out the day of my sons surgery?

    I have a agreement with my sons father to a temporary change to his spring break time due to my son having surgery on a day he is suppose to get him to start his spring break time. My son has been given a 7-10 day recovery time. He effectively agr...

    M’s Answer

    It is important to read your judgment and check to see if this situation is covered. If the judgment provides for temporary changes does it state the process. For example some judgments include the language that any temporary changes to the the parenting plan shall be in writing signed by both parents. If you are concerned about the father changing his mind then by all means follow the judgment requirements.

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