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Diamond Tran’s Answers

48 total


  • Will i get a new court date if i show up late

    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...

    Diamond’s Answer

    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.

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  • So can her mother and father terminate the Guardian ship I was appointed three mos ago so can they do this when they want to?

    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.

    Diamond’s Answer

    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.

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  • How do I obtain guardianship of my adult sister who is special needs

    Since my mother passed away 2008, I have since taken care of my adult sister

    Diamond’s Answer

    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.

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  • Can a 21 year old brother be a legal Guardian for a 17 year old sister?

    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. ...

    Diamond’s Answer

    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.

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  • Served guardianship papers for my child. What to do?

    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...

    Diamond’s Answer

    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.

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  • Conceived a different man's baby while married?

    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...

    Diamond’s Answer

    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.

    Nothing contained herein should be construed as creating or intending to create an attorney-client relationship. Any and all communications are undertaken in an effort to evaluate potential cases and determine if we will be able to represent you. Unless and until a formal retainer agreement has been fully executed between the Law Office of Diamond Tran and yourself, we will not take any action on your behalf.

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  • I got married in Vancouver Canada and now I live in US and want a divorce. Do I have to file in Canada or can it be done in US?

    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 ...

    Diamond’s Answer

    The other attorneys are correct. In addition, if there are no children and property to divide, it should be a fairly straightforward dissolution.

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  • How do I go about getting gaurdianship of my boyfrinds granddaughter.

    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...

    Diamond’s Answer

    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.

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  • I want to gain custody of my younger brother, he is 15. How do I go about it? I'm enlisted in the Marine Corps.

    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...

    Diamond’s Answer

    Sent from my Verizon Wireless smartphone

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  • I want to emancipate my 17 year old son

    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?

    Diamond’s Answer

    • Selected as best answer

    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.

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