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Rustin Duncan

Rustin Duncan’s Answers

12 total


  • Birth mother is a friend, Can she live with us through pregnancy if paying rent?

    The Birth mother lives with us now but just found out she is pregnant and wants to continue to live with us and then let us adopt this baby, she need wants to move home to another state with her mom and son. if she is paying rent and we keep a log...

    Rustin’s Answer

    Generally, a person can live with anyone they want to unless they are a minor and their parent does not consent to such a situation. Just becuase a person lives with you and pays rent does not mean you can automatically adopt their child.

    Adoption requires that the biological parents (both the mother and the father) either consent to the adoption (give up their rights) or their rights have to be terminated by a court. Once the parents consent or have their rights terminated you have to go through the adoption process with Family Court. This process invovles, among other things, a background check , an inspection of your home, and other safeguards to ensure you are able to care for the child.

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  • I would like to know my son father name is also on the birth cert. also. Never been to Court or Serve any papers about court .

    I would like to know my son father name is also on his birth cert . My son was born here in Greenville SC . His father came from Tennessee . took from the babysitter house while i was at work . . My son was 2 yrs old when he did it . My son ...

    Rustin’s Answer

    If you were not given proper notice of the court proceedings in Tennessee you may be able to get that order overturned. You are looking at a court fight. You should meet with a family law attorney as soon as possible to fully explore all of your options. It would be very helpful if you had a copy of the Tennessee court order for the attorney to review when you meet with them.

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  • Can my father take my daughter from me if my boyfriend spends the niteand my 10 yr ol daughter leaves

    Im 36 yrs ol my boyfriend comes over and stays tje nite once a week, my father lives across the rd and is threatening me with family court bcuz my daughter will not stay wen boyfrend comes. My husband pastaway 3 yrs ago..so i hav no prblem with da...

    Rustin’s Answer

    You have a constituional right to the custody and control of your child. Your father cannot obtain custody of your child unless you act inconsistent with your rights as a parent or you are deemed to be unfit as a parent. From what you have described, he will not likely be able to obtain custody of your daughter.

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  • When dividing money in a divorce,does money in a bank account from a work injury settlement is included in the division ?

    One of the parties in the divorce has substantial amount of money from a settlement recieved a couple of months ago.

    Rustin’s Answer

    The short answer is that it can be. There are a number of factors that the court will take into consideration. A consultation with an expereienced family law attorney is probably wise to flesh out this and other property division issues.

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  • What can be done about my mom refussing to give money that was donated to my son to me?

    My son has had over 56 sugeries due the effects caused by the cancer he had at 2. She went out and collected money telling the people that it was for his travel and medical exspeces. He has to go from sc to maryland because they cant do anything e...

    Rustin’s Answer

    Her actions are criminal if she collects money from people under a false pretense. If she tells people the money is for your son's travel and medical expenses and then spends the money on herself or something else then she has commited a crime. However, if she is using the money for your son's medical expenses she has done nothing wrong. She does not have to give the money to you or spend it how you tell her to (i.e.- she can pay a medical bill directly with the money, etc.)

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  • Is it legal for an investigator to give a minor alcahol, if the minor is being investigated for selling narcotics?

    The minor is potentially selling drugs. Is it legal for police to give the minor alcahol to sort of coax suspect into feeling rational. Is it legal for an investigator(wearing a wire) to give the minor alcahol so they are more feeble to sell the d...

    Rustin’s Answer

    There are a number of factors that will determine the answer to your question. If the officer was giving alcohol to the minor in an attempt to alter his state of mind ot commit a crime then yes it is illegal. However, if the minor has a propensity to use the alcohol and sell the drugs anyway then the investigtor's actions may be valid and hold up in court.

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  • How does a friends mom file for custody of me?

    My friends mom and dad are willing to get legal custody of me. I was just curious about how they'll do this and what the judge/court will look at and what the process of this is like. Also if my natural parents refuse to give up custody of me will...

    Rustin’s Answer

    Your questions inolve very complex legal issues and have very serious consequences. There are a number of factors that the court will take into account. The issues mentioned are too involved to discuss here. An experienced family law attorney can discuss these issues with your friends parents.

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  • How can I become an emancipated minor?

    I would like to become an emancipated minor, but I don't know where to start. I'm emoitionally abused and neglected. I've gotten to the point where it's hurting me and my future. Are there any other ways to become emancipated and what are the requ...

    Rustin’s Answer

    There are no clear cut requirements regarding emancipation. The law takes a case by case approach and factors in the age of the child, whether the parent and child agree on emancipation, the ability of the child to support himself, whether the child is married, etc.. It is pretty rare for a child to be emancipated prior to age 18. Emanciaption releives the parents from any financial or other responsibility for the child and for that reason judges, and society as a whole, frown on emancipations.

    It may be a wise first step to speak to a counselor at your school regarding the emotional abuse and neglect you mentioned.

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  • If my child gets adopted out is there any way for the adoption to be terminated and my child to be returned to me?

    Unlawful child neglect charge I may be getting jail time but since my release from county i have completely complyed with family court yet if i get sentanced i'm sure they will terminate my rights

    Rustin’s Answer

    Once an adoption is properly entered it cannot be undone. Your rights must be terminated before an adoption can be entered. Before your rights to be terminated you will have to be notified and have a right to be present at a hearing to argue why your rights should not be terminated. You may even be appointed an attorney for this proceeding.

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  • How old does a child have to be to decide3 who he or she wants to live with??

    Three children, ages 13 a boy , 11 and 3.both girls..

    Rustin’s Answer

    No child gets to decide which parent they want to live with unless the parents agree to allow the child to decide. Even then the court may not apporve such an agreement. Normally, the judge will take a child's wishes into consideration as part of their determinaiton as to what is in the best interest of the child. Usually a Guardian Ad Litem is appointed to meet with the children and represent their interests to the court without the child speaking to the judge.

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