Archived
Could I sue for emotional distress, our daughter was taken away under false charges against us 2 years ago, now they're dismised
Martin's answer
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Answered on April 22, 2015
I agree with all of the other attorneys. If your daughter was abused while in foster care, the cause of action would be against CPS agency that...
Archived
Are these signs of child sexual abuse?
Martin's answer
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Answered on April 22, 2015
You should immediately get a medical exam for your son. Why do you use this caretaker if you have suspicions? If you contact CPS, you will be...
My friend's 16 year old son was subpoenaed to appear in juvenile court as a witness in a school fight. Does he have to appear?
Martin's answer
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Answered on April 20, 2015
If the subpoena was properly served, he need to appear or the court can issue a warrant for arrest. You should call the party that issued the...
Archived
Juvenile court- need help to file an disagreement with the judges judgement orders or object to the orders
Martin's answer
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Answered on April 20, 2015
In order to change or modify an order in dependency court, you have to file a 388 Petition. Your court appointed lawyer can tell you what the...
Archived
If I place a restraining order on my roommate who will have to leave the house?
Martin's answer
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Answered on April 16, 2015
Not enough facts. Is it a home that one of you own, or a rental. If a rental, who is on the lease?
This may rise to a domestic violence...
Archived
Stepparent adoption
Martin's answer
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Answered on April 13, 2015
You will have to terminate the parental rights of the mother. Based on these facts, that will be difficult if she contests the termination.
Archived
Temporary guardianship
Martin's answer
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Answered on April 13, 2015
If the children are not in the dependency system, you need to file in probate court for temp guardianship. You need to prove that the best...
Archived
CWS is recommending that my daughters father be given full custody because he is the non offending parent. how can i fight this?
Martin's answer
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Answered on April 13, 2015
If you mean CPS, not CWS, you are in juvenile dependency court. If your youngest is under 3 years of age, you only have 6 months of reunification...
Archived
Who determines the amount of spousal support in a divorce case? A judge or the 2 parties?
Martin's answer
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Answered on April 11, 2015
The judge always has the ultimate decision. As long as the MSA is fair and not as the result of undue influence, the judge will follow it.
Archived
Can Juvenile Ct judge override a county recommendation of a foster placement?
Martin's answer
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Answered on April 09, 2015
You are in the dependency system and you do not have standing to be represented by counsel, unless you have de facto status., The judge has the...
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