Mike Branum's answer You would need to file a petition in Juvenile Court. See https://www.utcourts.gov/abuse/child.html for the form or seek advice from a licensed attorney who practices in the Fifth District (Washington and Iron Counties).
Brent T. Geers' answer The 2-month old's paternity is clear: he or she was born during the marriage and so your husband is by default the father whether he acknowledges it or not. The paternity of your oldest child is less clear, and you may eventually need a court ordered DNA test if your husband challenges paternity.
If you are planning for a divorce, it would seem that you could list both children, and paternity would be determined through that proceeding.
Timur Akpinar's answer You could bring it to the attention of the pharmacist to check if you did in fact receive the correct medication you were supposed to receive, and if the label error only involved your prescription (rather than additionally involving someone else out there who might have received your intended prescription in error).
Rand Scott Lieber's answer You could have told the hospital at the time of birth. If that opportunity has passed then you may not be able to do it. Try speaking to a lawyer in your area that handles probate cases (cases involving dead people).
Amanda Bowden Houser's answer Seriously? Has he been threatening you from jail? The man has been in jail and presumably without him even doing anything (because he hasn't been release yet) you want to heap a bit more misery and grief on him right out of the literal gate, in the form of a restraining order based on stuff he did before being jailed that you were essentially too lazy to bother charging him with before he went to jail? Man, there really is no fury like a woman scorned.
Ellaretha Coleman's answer You will typically be entitled to your pre-marital property in a divorce case. However, you should consult with an attorney to determine if the vehicle and house are truly pre-marital.
Lydia Seifner's answer To file a petition for separation contact an attorney local to you to assist you. If at any point before it is finalized, you decide to cancel the separation, you can dismiss the action.
P. Justin Thrailkill's answer The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.
Joseph Jaap's answer She must file with the court to try to change the custody or visitation order. The court must determine what is in the best interest of the children based on all the testimony and evidence presented to the court. The court might or might not make a change. So your daughter should retain a local family law attorney to review all the facts with her, and advise her how best to proceed.
Timur Akpinar's answer From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
Kathryn Hilbush's answer The primary consideration by the court as to whether custody should be modified is whether it would be in the best interests of the child. The court decides this by reviewing 16 factors. I've given you the link below. If you decide you want to consider seeking a modification, I suggest that you first meet with an experienced family law attorney in your area to determine whether it's a good idea for you and your child.
Joanne Reisman's answer You don't need to be appointed Guardian to contact social security and be appointed as the designated payee for the minor's social security benefits. SS will just require you to file a report once a year as to how you used the funds. You mention that the minor also receives state benefits so I am not sure what type of benefits you are talking about. Federal SS, SSD, and SSI payments are administered through the State of Oregon for Oregon residents.
Elaine Brown's answer The answer depends on whether you have any orders relating to custody of your son. Generally, parents that are not divorced or do not have a Court ordered custody arrangement, have equal rights with regard to the children. This means that they can take control and possession of the children and can make decisions regarding the child's welfare. However, as soon as parents separate and file a suit with the Court or begin a divorce action, the Court usually steps in and determines each parent's...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.