Mr. William Ray Glasgow's answer Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.
Mr. William Ray Glasgow's answer There may be actions you can take to get children properly placed, but it appears you need an experienced attorney at this point. "Suing" the state should not be at the top of your list. It is difficult for everyone when the state finds it necessary to remove children from their parents. These case often get out of control despite the good intentions of the state actors. Y
Mr. William Ray Glasgow's answer I am no expert in probate law but suggest you contact someone who is. I would not be surprised to learn that the child support arrears trump other obligations. Be worth asking by simply filing a claim against the estate in probate court bringing the child support debt to the court's attention. It is your child's money and you are right to act on your duty to him. Whatever you do, you need to do quickly.
Mr. William Ray Glasgow's answer She can give him legal custody by simply filing a petition in the juvenile court and asking the court to award him custody. She can terminate voluntarily, or surrender, if you choose to adopt the child. You may want to seek a guardianship in probate court. You have options, none of which are particularly difficult, but what your needs and goals are should be discussed with an attorney experienced in this area of law.
Mr. William Ray Glasgow's answer If exigent or particular circumstances make it necessary to enter your home on an emergency basis, such as to prevent harm to a child or stop a crime from being committed, then the answer is yes.
Usually the person that enters a home is a representative from the Department of Children's Services, but i suppose a "juvenile court person" acting under color of law can do the same, as could a police officer or other state actor under certain circumstances. The 4th amendment protects...
Mr. William Ray Glasgow's answer A number of crimes committed by juveniles may lead to them being tried as an adult. The fact that he is turning 18 while in detention is not the determining factor. What will likely happen is that he will be moved to an adult detention facility when he turns 18 unless the case is disposed prior to his birthday. Adults are not housed with juveniles.
If the state wants to have him tried as an adult, a hearing will be held to make that determination. Because the alleged crime occurred...
Mr. William Ray Glasgow's answer Rarely will a court appointed attorney be replaced with different appointed counsel. I am not aware of any "forms" for doing so. Before you do anything, ask yourself if you have fully cooperated with your attorney and what part you have in the matter not being resolved. If you genuinely believe you have not been represented responsibly and zealously, you can file a complaint with the court and with the Board of Professional Responsibility to make them aware of what you believe is ineffective...
Please speak with at least a couple of good attorneys that practice extensively in this area of the law. The answers you need to hear cannot be answered in this forum. There are some attorney websites that have some easy to read and straightforward answers to your questions. Miles Mason, Memphisdivorce.com? comes to mind And know there is some degree of variation on how...
Mr. William Ray Glasgow's answer Children are not allowed to make parenting decisions. If you and her father are unable to resolve the issues, seek outside assistance through mediation or the courts to modify your parenting schedule. If you have a parenting plan, it probably has a clause on how the plan can be modified. An attorney may or may or not necessary to accomplish your goal.
Mr. William Ray Glasgow's answer You don't provide enough information to answer properly. Many would answer not long enough if your are guilty. Fortunately, you are innocent until guilt is proven. The level of your final conviction, if any, would determine your sentence. Anywhere from no time to minimum fifteen years for aggravated child abuse.
Mr. William Ray Glasgow's answer Yes, but just because he filed doesn't mean he will be successful. If you have neglected or abused the child, then the court will protect the best interests of the child and may address the issue of custody.
Mr. William Ray Glasgow's answer Her new husband cannot adopt your daughter and have her name changed without your permission, or unless she and the new husband file a petition to terminate your parental rights. If you have been in the child's life, provided child support, and have not been found unfit as a father or acted in such a way that you could be considered a danger to the child, it should be difficult to terminate your rights. If a petition to terminate your rights and adopt the child is filed, you have a right to...
Mr. William Ray Glasgow's answer You need the personal advice of a lawyer. Don't do this until you get that advice. There are many ways to allow your son to have some ownership in your home in exchange for his paying the notes, but there are many, many pitfalls that could harm you both if you don't accomplish your goal properly. Meet personally with at least one lawyer, preferably more than one.
Mr. William Ray Glasgow's answer Short answer is you would not be breaking the law, but there is probably more here than meets the eye. You don't say how you will support yourself or who will pay the bills. If he is required by the divorce decree to pay for college expenses or anything else past your 18th birthday, he has a say in how those funds are spent.
Mr. William Ray Glasgow's answer There is a presumption in law that a child born when parties are married is a child of the marriage. Even if the husband has been absent or the parties separated for years, if married, the presumption exists. However, the correct way to overcome the presumption is file a petition to establish paternity and introduce dna evidence of the biological father. This is the short answer and you need to talk with a lawyer.
Mr. William Ray Glasgow's answer You need to tell an adult what is happening. IF your parents won't listen, tell a teacher, or coach, an adult at church, or the parent of a friend. Yes, you can call the police and if they find you have been beaten they will likely take action now. There is no reason to wait until he is 18. You also need to know if you file a false report with the police and are simply trying to get him in trouble, you could get yourself in trouble as well. You can also call the Department of Children's...
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