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
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 »
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 »
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.
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 »
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 »
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?
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 »
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**
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 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 »
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.
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