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Dillon Gardner Coil

Dillon Coil’s Answers

27 total

  • Unmarried with 6 month old - want my partner to adopt her from genetic father

    I want the genetic father to let my partner adopt my baby. He is very controlling, verbally abusive and still wants to have a relationship with me. The baby has know my partner since I was 2 months pregnant, and has been her daddy through pregnan...

    Dillon’s Answer

    What you are asking depends on what state has jurisdiction over the matter. Before anyone can adopt you child you will need to terminate the parental rights of your child's paternal father in the court that has jurisdiction. This is generally done through a petition to terminate parental rights.

    A Petition to Terminate Parental Rights is a petition to the family court asking the court to take away the rights of a parent by court order. There are a number of reasons to seek a termination of parental rights ranging from protecting the interests of a child to preparing for the adoption of a child.

    It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. State laws require very specific information to be plead in a Petition before the court will even consider it.

    Most states place the most emphasis on the best interests of the child.

    These considerations generally include:

    1. The Child's wishes;
    2. Abandonment of the child;
    3. Neglect of the child;
    4. Unfitness of the parent;
    5. Failure of parental adjustment;
    6. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
    7. Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) to eliminate the risk of serious physical, mental or emotional injury to the child, or (g) with respect to termination of the parental rights of one parent, the abandonment by that parent.

    Pleading to satisfy these considerations must be done with care. When considering these factors, the court's final decision will not only rely upon the plain language of state statutes, but also decades of complex and seemingly contradictory decisions from previous cases.

    You should consent with a competent attorney before you proceed.

    See question 
  • Birth mother left state without giving a known address etc. When can the step-mother adopt?

    If the birth mom leaves the state and does not notify the court and hasn't seen the kids in 6 months but occassionally call their phone (kiddie phone) they are 6 and 8...can the step-mother who does everything in their lives adopt the kids? what k...

    Dillon’s Answer

    In order for the step-mother to adopt the children you will need to file a Petition to Terminate Parental Rights. A Petition to Terminate Parental Rights is a petition to the family court asking the court to take away the rights of a parent by court order. There are a number of reasons to seek a termination of parental rights ranging from protecting the interests of a child to preparing for the adoption of a child, in your case, stepparent adoption.

    It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. Nevada law requires very specific information to be plead in a Petition before the court will even consider it.

    While the Nevada statutes (N.R.S. 128) enumerate at length the possible reasons for termination of parental rights, the court focuses their decision on the best interests of the child as well as the conduct of the parent toward the child.

    These considerations generally include:

    1. The Child's wishes;
    2. Abandonment of the child;
    3. Neglect of the child;
    4. Unfitness of the parent;
    5. Failure of parental adjustment;
    6. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
    7. Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) to eliminate the risk of serious physical, mental or emotional injury to the child, or (g) with respect to termination of the parental rights of one parent, the abandonment by that parent.

    Pleading to satisfy these considerations must be done with care. When considering these factors, the court's final decision will not only rely upon the plain language of Nevada statutes, but also decades of complex and seemingly contradictory decisions from previous Nevada cases.

    The main idea is that you must demonstrate to the court that the birth mother is unfit as a parent, thus giving the court a valid reason to take away her parental rights, paving the way for stepparent adoption.

    See question 
  • Other parent wants me to sign away my rights, can we make our own contract?

    I had a child with a friend who now wants to move out of state to be with their family. They want me to sign over my rights to the child, but I know that I will still be held accountable for child support. They say that if I sign over rights tha...

    Dillon’s Answer

    Some of this answer might be redundant from the last, but hopefully it will provide you with some more insight into the process. Prior to the stipulation you will likely want to file a petition to terminate parental rights.

    A Petition to Terminate Parental Rights is a petition to the family court asking the court to take away the rights of a parent by court order. There are a number of reasons to seek a termination of parental rights ranging from protecting the interests of a child to preparing for the adoption of a child.

    It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. Nevada law requires very specific information to be plead in a Petition before the court will even consider it.

    While the Nevada statutes (N.R.S. 128) enumerate at length the possible reasons for termination of parental rights, the court focuses their decision on the best interests of the child as well as the conduct of the parent toward the child.

    These considerations generally include:
    The Child's wishes;
    Abandonment of the child;
    Neglect of the child;
    Unfitness of the parent;
    Failure of parental adjustment;
    Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
    Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) to eliminate the risk of serious physical, mental or emotional injury to the child, or (g) with respect to termination of the parental rights of one parent, the abandonment by that parent.

    Pleading to satisfy these considerations must be done with care. When considering these factors, the court's final decision will not only rely upon the plain language of Nevada statutes, but also decades of complex and seemingly contradictory decisions from previous Nevada cases.

    If the court finds the pleadings insufficient then they might deny your petition or any stipulation to terminate parental rights.

    Again, if you do go down this path, it is critical that you contact competent counsel to help you through the process.

    See question 
  • Can i terminate a lease if i have not moved in because of mold and mildew in bathroom from last tenants that the landlord has no

    landlord said he didnt have time but still wanted me to pay to move in for the rest of the month

    Dillon’s Answer

    While I am not familiar with landlord/tenant law in Texas specifically, most states have laws which require landlords to maintain minimum standards of habitability.

    Most jurisdictions mandate that a landlord must:

    - must provide shelter, with working locks
    - must be heated in the winter months (in colder climates)
    - must not be infested with vermin, such as mice, roaches, termites, mold, etc.
    - the landlord stops other tenants from making too much noise, second-hand smoke, etc.
    - must provide potable water

    Texas may or may not mandate these specific things. You may want to call your local housing authority or an attorney in Texas to determine your specific rights if you landlord is unwilling to fix the problem.

    This answer is provided to the public as general information and is not meant to be construed as legal advice. This answer does not create an attorney-client relationship. You should always seek competent legal counsel in your jurisdiction before relying on any legal information you obtain online.

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  • I have work for a company since they open, now that business is booming can my employer cut my pay and hour and for family

    have work for my employer since he started his business he has hire all family to work in his office execept his son can he cut my pay and hours and give them to his son, up until sept 1 2009 I work 56 hours a week now I only get 24 hours, is this...

    Dillon’s Answer

    It all depends on the circumstances surrounding your employment. If you are an 'at will' employee your employer can generally fire you, decrease your hours, or eliminate benefits at will, hence the term "at will employee." If you signed an employment agreement stating otherwise, then you might have protectable rights. Unfortunately, even if you have protectable rights, you could end up in a lengthy and costly contract dispute in court trying to assert them.

    As always, it is always important to consult with an attorney before relying on any information obtained online. This answer is only meant to provide general information as a service to the public and is in no way meant to create an attorney-client relationship.

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  • I want my parents to adopt my 3 month old daughter but i know her father wont agree to it. Can i win if i took it to court?

    i have good reason for terminating our parental rights. He is 19 and lied about a car accident to the police so he wouldnt get fined. He is also addicted to sex, and admits it. when i would be sleeping near him i would wake up and find him trying ...

    Dillon’s Answer

    It isn't possible to for an attorney to tell you whether or not you will win; that is for the court to decide. You should contact an attorney in the appropriate jurisdiction (it appears that is HI) and they can advise you as to whether or not you should move forward with a petition to terminate parental rights.

    A Petition to Terminate Parental Rights is a petition to the family court asking the court to take away the rights of a parent by court order. It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. State laws generally require very specific information to be plead in a Petition before the court will even consider it.

    The focus of inquiry in most jurisdictions is the best interests of the child as well as the conduct of the parent toward the child.

    These considerations generally include:

    The Child's wishes;
    Abandonment of the child;
    Neglect of the child;
    Unfitness of the parent;
    Failure of parental adjustment;
    Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
    Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) to eliminate the risk of serious physical, mental or emotional injury to the child, or (g) with respect to termination of the parental rights of one parent, the abandonment by that parent.

    Pleading to satisfy these considerations must be done with care. When considering these factors, the court's final decision will not only rely upon the plain language of state statutes, but also decades of complex and seemingly contradictory decisions from previous cases.

    Again, your best bet is to consult with an attorney in the appropriate jurisdiction and they will be in the best position to advise you.

    See question 
  • I want to adopt my wifes children, but father will not give up his parental rights, wat is the next step?

    He has been in j& out of jail/prison most of there lives these children dont even knw who he. He is in there again for dangerous drugs violations, fleeing from officers, & burglery. Plz help me through this!!!!!

    Dillon’s Answer

    It depends on what state has jurisdiction over the matter, but most commonly you file a Petition to Terminate Parental Rights in the court that has jurisdiction.

    A Petition to Terminate Parental Rights is a petition to the family court asking the court to take away the rights of a parent by court order. There are a number of reasons to seek a termination of parental rights ranging from protecting the interests of a child to preparing for the adoption of a child.

    It is always important to seek competent legal counsel before filing a Petition to Terminate Parental Rights. State laws require very specific information to be plead in a Petition before the court will even consider it.

    Most states place the most emphasis on the best interests of the child.

    These considerations generally include:

    1. The Child's wishes;
    2. Abandonment of the child;
    3. Neglect of the child;
    4. Unfitness of the parent;
    5. Failure of parental adjustment;
    6. Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;
    7. Only token efforts by the parent or parents (a) to support or communicate with the child, (b) to prevent neglect of the child, (c) to avoid being an unfit parent, (d) to eliminate the risk of serious physical, mental or emotional injury to the child, or (g) with respect to termination of the parental rights of one parent, the abandonment by that parent.

    Pleading to satisfy these considerations must be done with care. When considering these factors, the court's final decision will not only rely upon the plain language of state statutes, but also decades of complex and seemingly contradictory decisions from previous cases.

    See question