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Questions Answered by Donald McClellan
1 Answer | Asked in Family Law and Child Custody for Kentucky on
Q: I currently have temporary custody of my Niece and Nephew. Could I possibly get full custody?

I have had my niece and nephew since February due to their mothers drug issues. We recently was awarded temporary custody. I believe because of their mothers mental state and previous drug use that she will never be able to fully take care of them and want to get full custody of them. Do you think... View More

Donald McClellan
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answered on Sep 25, 2024

Temporary custody can become permanent if the biological parents are deemed unfit parents by the state. If you have temporary custody due to CPS becoming involved and starting a case, the court will give the biological parents time to become fit or there will eventually be a hearing to terminate... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
Donald McClellan pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

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