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I filed a retraining order against my husband for domestic violence and the judge granted a temporary restraining order. Now we have court next week and i don't know if i will be able to make on time. Will i get a new court date or am i going to h...
There is a good chance your TRO will be dismissed and you will need to file for a new restraining order if you are not in court on time. Attorneys sometimes have multiple court hearings scheduled at the same time, and when they know they will be late, they contact the courtroom to let the clerk know, and the judge will call that case later in the morning instead of dismissing. If you have no control over whether you can make it to court on time, you could try calling the courtroom clerk while you are on your way, as attorneys sometimes do.See question
I'm my nieces guardian cps an the courts gave me guardianship because they said that her mother isn't capable of caring for her now also the mother an father have all their parental rights still.
This is a Juvenile Dependency Court case since CPS is involved, not a Probate Case. (I have corrected the practice area specified so your question will go to the appropriate experts.) You should take a look at the resources available online for caregivers in such cases. (I included one of the links below.) The judge in your niece's case is the one who can make the decision to terminate guardianship, and s/he will look at all of the facts of the case before deciding. This information is provided to the judge through the social worker and the parties/parents and their attorneys. If you are interested in applying to the court for de facto parent status, you, as the caregiver/guardian, would also be able to give the court important and relevant information at the hearings.See question
Since my mother passed away 2008, I have since taken care of my adult sister
Is she special needs because she has a developmental delay? If so, it would be a limited conservatorship petition that you would need to file. In general, a person qualifies as developmentally disabled if s/he has an IQ less than 70 or is diagnosed with autism. (Other conditions can qualify as well.) The Orange County Probate Court usually grants Petitions 2 to 3 months after the Petition has been filed. During that time, the Court investigator will interview those involved and the Public Defender will be appointed to represent your sister.See question
Father just died and had designated son to assume guardianship. Mother is deadbeat but has joint custody. Father has been sole support of both until his death. Mother now wants to go after guardianship of daughter because of Social Security. ...
I am sorry for your loss. It is commendable that you would like to assume guardianship of your sister. In general, it is possible for a 21-year-old sibling to initiate the paperwork to obtain guardianship of a minor sibling. Whether a judge would grant it in your case depends on a lot of factors. You should speak with an attorney. There may be free resources available to you as well, such as Public Law Center and Legal Aid Society. There is also free help for unrepresented litigants at the courthouse. The court filing for guardianship cases can be overwhelming for non-lawyers and requires that notice be given to mom, siblings and grandparents. You should also contact Social Security immediately.See question
The courts granted me custody of my son years ago. Two years ago, I let him go live with his grandparent, but I see him regularly. Now his grandparent has filed for guardianship falsely claiming abuse. His non-custodial parent is a drug addict and...
If you consent to the guardianship, your parental rights are suspended, not forever terminated. You would still be liable for child support. If they adopt, then both your rights and responsibilities are terminated. Visit your Court's Self-Help Center if you are unable to afford an attorney.See question
If you're still marry but you gave birth to a different man's child. Who's exactly father? What happen when biological father tries to get visitation or custody? Can mother still file for child support from bio father? What happen when mother divo...
I agree with Mr. Montgomery. Additionally, the biological father may file a Petition to Establish Parental Relationship and request DNA testing as well as custody and/or visitation if he so desires. It is also possible to request child support from the bio father.
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I live in the US and my wife lives in Canada and we have not seen each other in 6 years and I want to file for divorce but don't know if I can do it from US or does it need to be filed and processed in Canada. There are no children and this will ...
The other attorneys are correct. In addition, if there are no children and property to divide, it should be a fairly straightforward dissolution.See question
My boyfriend and his daughter are both medically or mentally/physically unable to properly care for this minor. I'm already doing the mom things, Dr dentist, school etc because mom won't. Cos has been involved which is why they live with us. How...
You should speak with an attorney about a probate guardianship of the person, for which you would need to file appropriate paperwork with the Superior Court. The court filing for guardianship cases can be quite overwhelming for non-lawyers and requires that notice be given to the baby's father as well as certain relatives. A Caregivers Affidavit Authorization is another option that does not require court involvement, but whether or not it is a suitable alternative to guardianship in your case depends on several factors that you should discuss with an attorney.See question
Our mother passed away a year ago from brain cancer, my step dad now has custody over him and my 18 year old brother. My step dad is enlisted in the army. Right now I have a case open with NCIS about a sexual assault against my step dad. It is sti...
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I have enough money to support my 17 year old son in his own apartment. He doesnt get along with me and wants to fight with me all the time and become physically abusive to me. The theropist said to to emancipate him. Can I do this fast?
It sounds like you are in a tough position and if he is physically abusive then I imagine you must be scared of him. Unfortunately, though, in order to be emancipated the law requires that the minor must be self-supporting. If you are continuing to support him, just in another apartment, that is NOT considered self-supporting. Does he get along well with any other family members or close family friends? Or is he just as abusive towards others? An option, if he does have a good relationship with another adult, is to allow him to go live somewhere else. If that is a possibility, then you want to speak with an attorney about documents or an agreement that you may need to have to clarify rights and responsibilities of those involved. Please feel free to contact me if you would like to discuss this further.See question