Given we are talking about termination of rights for cause and not adoption, it is possible, but it does give the State the ability to take future children on a presumption of you are unfit. It is a more complex question than can be answered here...Boeheim Freeman Law 918-884-7791
Such as school or home alone if they don’t have ever exigency circumstances
The short answer to your question is yes. DHS can visit with a child without parental consent when a parent (or person responsible for the child's health, safety, or welfare) is not present. That interview can occur at the child's school. If they do conduct an interview with a child at the... Read more »
Both parents have been on drugs I have had both boys for over 6 months now
Guardianships are pretty tricky. The real question is whether they will fight the guardianship. If they have not financially supported the children and have not made efforts to visit and continue the relationship it makes it easier. Give us a call, and we can talk you through the specifics.... Read more »
They should provide you notice. This is a legal action which requires a court setting, and therefore you will be served. If you think this is even a possibility, you should hire an attorney. Far too many people think there is no point, since DHS wields so much power, but as some of our clients... Read more »
Cops got called to a domestic fight and found out that a small child lived in the home. Th cops arrested the dad and told the mom that they had to get DHS involved.
You could be looking at the possibility of DHS filing a deprived petition and your children being placed in DHS custody. You better go at least talk to a lawyer that handles these types of cases to discuss the details.
Even felt my lawyer working with them i want to appeal and possibly take to supreme court
I would like to assist you, however it is difficult to provide you with an answer without more details. If you are referring to terminating your parental rights, it should never be done without careful consideration. Before you do anything, it is extremely important to contact an attorney as soon... Read more »
I have sole custody of my child. My son was in my care. I dropped him for IEP testing for school. When I returned, he was gone. He claimed to have thoughts of self harm and Dr called his father and police. Father admitted him to inpatient psych without my consent. No one, dr, police, father, did... Read more »
Without more details about your case, it is difficult to provide you with an answer. If the father has legitimated, he is afforded certain rights and privileges equal to the custodial parent’s.
It is in your utmost best interest to contact an attorney who can assist you with the... Read more »
Parent’s are still required by law to pay child support even after a parent’s rights are terminated. A parent is relieved of any further child support obligation upon the court receipt of a final decree of adoption. A parent would always be required to pay the back child support, pursuant to a... Read more »
She can't sign her rights away as their is no right or private termination. If there was then deadbeat parents would just sign their rights away and never pay child support.
and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?
A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.
I'm in yukon ok, Canadian county
Paying an attorney for the adoption which runs anywhere from $1500 plus court costs up to whatever the market where you live charges.
Child’s parent is too hard upon child.
Just because a parent is too hard on a child is not sufficient grounds to emancipate a child. There are statutory prerequisites that must be met before a petition can be filed on behalf of a child for emancipation. You need to hire an attorney to speak to him/her about the requirements and have... Read more »
Biological father wants to dissolve a guardianship
There is no formal petition to terminate a guardianship. A motion must be filed along with an order for hearing which must be served upon the guardian to terminate the guardianship. The reason and purpose that the guardianship was created for on the ward must be shown at that hearing as having been... Read more »
the father is being treated as if his rights have been terminated, based on false info from the mother, who has failed to comply with the courts & has been unconfronted by the courts for non compliance. meanwhile, father is denied visitation etc. **this is for oklahoma not new mexico**
Get an attorney immediately to rectify this situation. You will need an attorney.
He doesn’t want to pay more child support but wants to do what the kids wants and they want to be with me. How can I change this? He makes twice as much money and I take a low job to keep the kids on the schedule which is benifical to him as no daycare is needed. The kids vary rarely even stay... Read more »
You have not said if this is a joint custody case or you have sole custody. You need to hire an attorney to file a motion to modify the Decree requesting a change in custody to full custody or if you already have that then request a modification of the visitation and child support.
I am a senior citizen on limited income
Unless you know how to create the necessary documents that must be filed in court and served upon the ward, then you will need an attorney.
I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support
I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... Read more »
Yes, unless the child has been adopted by another person. Just because your rights are terminated doesn't relieve the responsibility of having to support the child.
The 13 year old hates the step mom and needs to be gotten out of the home before something bad happens
The back child support shouldn't have any impact. The issue really is whether there is a material change in circumstances. If the kids are having problems in school or struggling at home and they would be wiling to tell the judge that, then you have some grounds for a modification, but there are... Read more »
His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »
I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.
If we can help,... Read more »
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.
