T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

No, the court does not consider children as property. In family law and custody matters, children are not viewed as possessions or property of their parents. Instead, the court's primary concern is the best interests of the child.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

In cases involving serious criminal charges like Aggravated Indecent Liberties, which involve offenses against minors, the court may take certain measures to protect the safety and well-being of the child involved. This could include restraining orders or other protective orders that limit contact... View More

You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that... View More

Don’t fall in the trap of paying the electric bill or her half of the phone bill.

Let the utility provider discontinue service.

Then get new electric service only for your separate residence with a different electricity provider and new cell phone service only for your own cell... View More

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to... View More

No. Under the Uniform Child Custody Jurisdiction Act, if Missouri had jurisdiction when the case began, it continues to have jurisdiction until a final order is entered.

Once a final order is entered, under the Full Faith and Credit Clause of the US Constitution, any other state must give... View More

No. Any power of attorney you sign ends automatically when you die. You should have a Last Will and Testament naming an independent executor to handle your estate when you die.

If you are your son's legal parent, you can go where you want with him unless there is a court custody order stating otherwise.

You can probably sue her in the U. K.

Filing suit here would require you to have personal service of process on the spouse, which is not impossible, but tricky.

BTW, the child probably is a dual citizen, and that is a prileged status. He should not only a British but also an... View More

A parent can seek to prohibit certain people from being around their child if contact is no in the best interest of the child. Since you were arrested for slapping that child, it would make sense that the parent would seek such a prohibition. If it gets taken to court, it would be best to compile... View More

You likely won't get in trouble for the time that she was gone if the non-custodial parent was making voluntary payments. I would need to know the ages of the other two children to determine whether father's attempt to terminate support is valid. I would recommend getting an attorney to... View More

Any dental/orthodontic bills that are not covered by insurance are included.

A person who is competent and can communicate can appoint another person to serve as his or her Attorney in Fact using a Durable Power of Attorney. The Durable Power of Attorney could be prepared by an attorney to be effective immediately or to spring into effect at a future point in time (e.g.,... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2020

If the Mortgagee wants to keep you on the Mortgage, there is nothing you can do but pay it off. The former Spouse probably does not want, or cannot, refinance the loan.

The first page of the instructions of the FORM I-129F indicates that you are required to meet your fiance unless you can establish that meeting your fiancé in person will (1) violate strict and long - established customs of your fiance’s foreign culture /social practice or (2) result in extreme... View More

A nanny who works in the home and is paid more than $2,100 (2018 amount, $2,000 2017 amount) should have taxes withheld and the employer's contribution for Social Security paid by the employer. Under the federal Fair Labor Standards Act (FLSA), an employee is entitled to a minimum wage, time... View More

Your only option is to take her back to court to enforce your divorce agreement.

Yes, though the mental illness will cloud the claim.

If you or your children know who the attorney was that drafted the will, you could reach out to that attorney and ask for the original or a copy. If the original is not found, one of your children could ask the court to probate the lost will, if its contents are known. There is a presumption that a... View More