Rustin Duncan’s Answers

Rustin Duncan

Greer Family Law Attorney.

Contributor Level 4
  1. Can I just not sign the tax form for claiming dependants?

    Answered over 1 year ago.

    1. Rustin Duncan
    2. David F Stoddard
    3. John P Fazzio III
    4. Christopher Michael Larson
    4 lawyer answers

    The short answer is that the IRS doesn't care who claims the kids and they will allow the claim to the first person who claims them. However, you may run into trouble with the Family Court if you do not follow a court order. I assume, as a Greenville County family lawyer, you had your agreement incorportated into a court order at the time of the divorce. If so, you probably need to have a family law attorney review the order or agreement you have to better advise you on how to proceed.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Rustin Duncan
    2. David F Stoddard
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Rustin Duncan
    2. Elizabeth Jones
    3. Jack Richard Lebowitz
    3 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. David F Stoddard
    2. Rustin Duncan
    2 lawyer answers

    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.

    1 lawyer agreed with this answer

  5. Should we push for a felony ?

    Answered over 1 year ago.

    1. Damon John Chetson
    2. Rustin Duncan
    2 lawyer answers

    You never know what a jury will do, espeically in Polk County. If you go to trial generally he will be found either guilty or not guilty by the jury on the felony and cannot reduce it to a misdemanor unless the law specifally allows that. It's also unclear from your post how the medical bills will be paid, is there a restituion order attached to the plea deal? You may have better luck with a civil lawsuit to collect for the medical bills.

    1 lawyer agreed with this answer

  6. 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 .

    Answered over 1 year ago.

    1. Rustin Duncan
    1 lawyer 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.

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Rustin Duncan
    1 lawyer 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.

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Rustin Duncan
    1 lawyer 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...

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

    Answered over 1 year ago.

    1. James D. Mosteller III
    2. Rustin Duncan
    2 lawyer answers

    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.

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

    Answered over 1 year ago.

    1. Rustin Duncan
    2. Stephen Ross Cohen
    3. Keith G Langer
    3 lawyer answers

    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.)