Phillip William Gunthert's answer Very sorry for your loss and the passing of your husband, please accept my condolences. Any assets that a person owns in their name alone will normally have to go through probate unless there is some pay on death, transfer on death or survivorship designation on a deed or similar that allows for the transfer of that asset outside of probate. Bitcoins would normally be in some sort of investment or other brokerage account and would likely pass based on joint ownership or some survivorship...
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).
Lauren Nagel Richardson's answer You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the...
Bruce Alexander Minnick's answer The child's preferences do not matter. Unless you are the child's legal guardian there is little you could do if her mom decides to come get her. On the other hand, given the history of CPS involvement, you might be able to convince the state to help you gain legal control over your granddaughter. This will require some official legal action based upon some current compelling reason for the state to intervene. Custody decisions are under the control of a state court judge upon properly filing...
Bruce Alexander Minnick's answer The issue of the grandmother's fitness to care for her grandchild is not yours to decide. Under normal circumstances any blood relative has some level of priority over any and all non-related guardians. The status of your guardianship can be determined by knowing the kind of guardianship it is and knowing under what authority it was granted.
Rand Scott Lieber's answer You need to read the paper that "signed over guardianship" to grandma and see what it says about terminating the agreement. If it is silent then you may need to seek the court's help of grandma refuses to return the child.
Denise Martinez-Scanziani's answer It is doubtful there would be liability. You would first have to establish the clerk has a duty to maintain accurate records. It appears you’re asking about holding the clerk civilly liable for this error. I recommend you post your question to a civil lawyer since you’re not seeking to seek damages against the obligee.
From the family law standpoint, modification after emancipation is not usually permitted since the court loses jurisdiction.
Denise Martinez-Scanziani's answer You've posted this question for a Florida lawyer, but it seems that you should ask a lawyer licensed to practice in AL. If that is where the child is, that is the state who will have jurisdiction over your daughter.
Denise Martinez-Scanziani's answer A petition for modification of a time-sharing schedule based on substantial change in circumstances (i.e. mother is obstructing and interfering with time-sharing) can be filed as a new case in the county where either parent currently resides or where the last order was entered. He may also need to petition to modify his child support. The longer he lets it go, however, the worse it will be.
Denise Martinez-Scanziani's answer If you already have a time-sharing schedule by court order, then you will need to petition the court for a modification and show that there has been a substantial change in circumstances since entry of the last order. For those who cannot afford a lawyer, a good option may be your local Legal Aid.
Denise Martinez-Scanziani's answer If the child is not a citizen of the US, the laws governing international adoption will likely apply even if the child is present in the US. The child's nationality will also have an impact on whether this adoption is even possible. You first want to speak with an immigration attorney.
Denise Martinez-Scanziani's answer One of the factors the court must consider to determine the "best interest" of the child under section 61.13, Florida Statutes is the length of time the child has been in a stable environment and desire of maintaining continuity. The longer this schedule is in place and the child is doing well, the stronger the argument is that this schedule is likely in child's best interest.
Denise Martinez-Scanziani's answer You have to make this request in writing to the judge. Depending on the basis for your request, the court may order a drug test which can be done by either a urine sample or a hair follicle drug test. the hair follicle drug test will detect drug use for a much longer period of time than the urine test.
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