Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024

If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.

If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have... View More

Hi there.

Individual provisions of a court order stand alone. Just because he is not paying child support does not mean that you are somehow released from following another part of the court order. The more appropriate response to him not paying child support is to take him back to court... View More

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

You can file the divorce along with a motion for alternate service. You will need to submit with the motion an affidavit showing what efforts you have made to serve him as well as something from the sheriffs dep as to their efforts. You can ask that he be served by publication or any other means... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

Yes, two parents can still be together even if their baby has been removed by the Department of Health and Human Services (DHHS). The removal of a child by DHHS does not necessarily dictate the relationship status of the parents. However, it's important to address the reasons for the... View More

you need to go to the sheriff's department in the county in which he lives. if he is out of state or far away call the sheriff's department in that county. you need to get the paperwork to them and they will serve him, he cannot refuse. they will mail back to you a return of service. you... View More

This would be better addressed by an attorney licensed in Maine. Orange County Unbundled Legal Services.

A power of attorney authorized another person to take action on your behalf. The person named in the POA is usually the holder and custodian of the physical instrument itself.

When third parties like banks, hospitals, etc have dealings with the person named in the POA when they are acting... View More

I am not sure why your lawyer gives that advise! Nevertheless, I would say that since your mother's status has now changed to that of a US citizen, your status changed to a potential derivative citizen, an immediate relative; a preference one category; or a preference three category. The... View More

if things are as you say i would think your chances would be very good. i would consider contacting child protective at dhhs if the kids are not going to school.

in my experience a judge would be unlikely to do this. if you say that you cannot take the child during the week the judge will not order you to lose your job. However the judge might very well order that mom gets some weekend time so you would have to decide if you want to ask for time during the... View More

yes they can but judges dont like to have them testify, if they will testify often the judge will ask the parents if the kids can talk to the judge without the parents present, it takes both parties to agree to that otherwise the kids get on the witness stand and both parties hear what they have to... View More

Your ex cannot do this unless the court order you have (if you have one) says he can. You should keep seeing your children and if your ex chooses to deny your visitation you need to file a motion with the court for contempt or to enforce. ultimately it is up to a judge to decide whether or not your... View More

Hi there.

If it is truly a family court case (district court, FM docket number, title 19-A) then the judge is telling you a truth, however rudely he or she said it. There is no provision under Maine law for a party to get a free or court-appointed lawyer.

If you are needing help... View More

Congratulations on your impending life events!

Maine has no requirement for adoptive parents to be married.

The situation you describe is a classic set-up for what we call a "consented-to adoption." Your fiance will need to file an adoption petition at the county probate... View More

i cannot answer your question accurately with the information you have provided me. First and foremost how old is the child? if the child is less than 2 things will be much easier for you. You said you signed the child support. i dont know what that means. Did you sign the birth certificate or is... View More

Hi there.

Maine law only makes provisions for adopting a son or a daughter. So those other terms, while lovely and embracing, have no legal meaning.

Cheers!

- Joe

your question raises several questions. When you say move back with bio family what does that mean? Her parents or a parent? When you say she has a guardian was this done in probate court in Maine? if so then a parent or some other family member could file a petition to terminate the guardianship.... View More

You should file a motion to modify and a motion to enforce. Both forms are available online at the maine judicial website under court forms or you can pick up the paper forms at any courthouse. You should do this immediately as the child support will only go as far back as when you serve your ex... View More

Greetings from a steamy afternoon. File a Motion to Terminate Guardianship in the Probate Court that granted the Guardianship.