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Oliver Alexander Greenwood

Oliver Greenwood’s Answers

373 total


  • Do grandparents need to be personally served in a California guardianship?

    Oliver’s Answer

    They need to be served but by mail is sufficient. Personal service always satisfies the requirement of service.

    The only exception would be if they are the guardians and there is a petition to terminate the guardianship.

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  • Can a biological mother get her rights back after a family member adopted her daughter?

    Oliver’s Answer

    Once your sister's parental rights were terminated she lost all rights to her child. This cannot be undone.

    Your sister should maintain her sobriety and stay positive. Life has a funny way of taking twists and turns and she is not going to want to miss it if it does.

    As for you, I am sympathetic to your lack of access to this child. Unfortunately there is nothing that can be done. I recommend that you avoid attempts at attacking her lifestyle--this is a bad idea and will only further alienate you.

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  • Can I adopt my children back if the adopted parent is physically abusing them?

    Oliver’s Answer

    It is unlikely that the court would consider you as a placement option if the children are removed from her care.

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  • How do my wife and I adopt our 5 year old grandson that we now have legal guardianship.

    Oliver’s Answer

    Why adopt? Seems like an unnecessary expense right now. If the parents aren't coming around I don't see how that is worse than adoption.

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  • How can my granddaughter stay in the home of the family she's with? Is there a way to get any kind of emergency order?

    Oliver’s Answer

    She is going to be 18 in 4 months. By the time the actual hearing is on calendar she will be an adult. Of course there is the immediate worry. You or she, could petition for the temporary guardianship. I'm not sure how much the police are going to do with a soon to be 18 year old, they might actually listen to her.

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  • What shouldn't I say or do in court on the 29th if I do not have a paid lawyer please any advice will help.

    Oliver’s Answer

    They should appoint you an attorney. Make sure you request that one be appointed at the hearing.

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  • Does the opposing party get to be in the courtroom or on the phone in the Courtroom for an ex parte hearing?

    Oliver’s Answer

    Yes the parents are entitled to participate in the proceedings. She can absolutely appear in person. Also, guardianships are not confidential, this means that anyone from the public can attend.

    It sounds as if the court is making accommodations for the telephonic hearing. In many counties no parties appear directly in front of the judge.

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  • Why would a conservator require clearance before people can visit a conservatee living in a residential care facility (RCFE)?

    Oliver’s Answer

    Hard to say. Perhaps there was something written into the order which might shed some light on this. Maybe the conservatee has a ton of friends and could be overwhelmed with visitors. Maybe the facility has restrictions on the number of people coming through so as to not disturb other residents. Absent extraordinary circumstances I don't believe they can restrict visitors.

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  • 2years ago our granddaughters adopted parent asked me.and my wife if she could live with us because of trouble at school.

    Oliver’s Answer

    If she has been living with you for 2 years you are in a position to be appointed as her guardians. You may consider filing a petition for temporary guardianship with the court on an emergency basis to make this happen.

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  • Can a family court investigator request medical records, or any information for case that isn't up for review until 2/2016?

    Oliver’s Answer

    You aren't in the process of termination, you have not started the process, you are thinking about it and that is all.

    The court investigator makes recommendations to the court and I agree that if there is an outside relationship that they should be excluded to avoid the appearance of bias.

    They are requesting your medical records? Unless there was an agreement on your part and a court order they have no access to your medical records. Neither your mother nor the court investigator is entitled to it.

    I'm not really sure what you mean about filing a complaint or who you would complain to. I highly recommend that you talk to an attorney right now.

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