Get free answers to your Family Law legal questions from lawyers in your area.
My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... View More
answered on May 9, 2022
There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... View More
My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?
answered on May 6, 2022
Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... View More
A protective order was issued against him for Me and my son for 5 years back in 2018.
answered on May 4, 2022
In short - your only option is a step-parent adoption has to take place. There is another way where DHS is involved but they wouldn’t be involved in your situation it doesn’t sound like. In essence the state will not terminate the rights of a parent without someone else assuming the rights (and... View More
About a year ago, I decided that it was in my daughter's best interest to sign my parental rights away to allow her step dad to adopt her. I did this because we had been dragging out a custody battle for 4 years without ever actually going to court for custody. Every court day was more and... View More
answered on Apr 14, 2022
Your case has specific details that will be best suited with an attorney rather than this forum. Most will give a free phone consultation. I suggest you contact one sooner rather than later so that you can insure your rights if they in fact still remain intact.
With the other parent and file an emergency order? If they allow the children to go anyway they can be charged?
answered on Apr 3, 2022
Every case is different, but a reasonable belief is the starting point, there are many factors involved in this and since you would be violating a court order, you need to make sure that you are doing it in the manner in which you are allowed in order to not be held in contempt yourself. Allowing... View More
Want are the actual crimes here? The man and his wife obtained guardianship through the courts on a n unrelated but close family friends' newborn when she was arrested. The guardianship application, upon sworn oath, stated no family relationship.While she was incarcerated, he submitted an... View More
answered on Apr 2, 2022
Sorry for your troubles in this matter. While sometimes our emotions do not always line up with the legal process you should context an attorney to assist you in this matter so they can help you coordinate through this trying time.
I'm 16, I'm transgender (trans masc enby) and my parents are threatening to kick me out because of it. It's taking a toll on my mental health and I feel I would be better off living on my own as a legal adult. I want to be able to be myself, get my mental health in order, and keep a... View More
answered on Mar 16, 2022
I'm so sorry to hear about your situation. Emancipating is a difficult process and one that is not often used. It requires a "next friend" (an adult who will not work against your interests) to file a petition in court and give notice to your parents. The judge will decide at a... View More
answered on Mar 12, 2022
Yes. If she is the custodian due to a guardianship then she has authority over you.
My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... View More
answered on Mar 9, 2022
If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... View More
he is witholding contact, contact info and concealing the location of my children
answered on Mar 4, 2022
Sorry for your misfortune in regards to your house. If that is the only thing in your case and there are not other circumstances then you should file a motion to enforce. Contact a family law attorney to assist you with this for best results.
For 7 months to Graduate. Will my husband still have to pay child support in Oklahoma.
answered on Mar 4, 2022
Child support will have to be paid in accordance with the child support order - most likely until graduation but can be longer, for instance some decrees stipulate even through college. In order to get it changed there would need to be a modification to the order.
answered on Mar 2, 2022
Assuming this is an adoption without consent hearing then by not showing up it is deemed as consent is given and therefore termination proceeds as if the person said yes to it ultimately terminating the rights and allowing the adoption to take place.
This is a very broad generalization as... View More
we had a custody change as my child needs to know their siblings, they then lived with biological father at the time he(bio-father) owed over twenty thousand, I was under the understanding his back amount would be reduced from any amount that was asked of me to pay( not the case), my child is now... View More
answered on Feb 22, 2022
You can domesticate child support order in the state where the Dad lives and have an attorney collect for you.
Non custodial is behind in child support but is making payments. The visitation is court ordered and is not being denied by non custodial but not being followed by custodial due to no communication at all for the last 4 years, despite non custodial and family reaching out.
answered on Feb 22, 2022
From the limited information your best bet is to contact a family law attorney for a motion to enforce. However without fully researching the facts of your case this is a general recommendation.
I need more time because DHS is wanting to take custody of her. The DHS worker has mentioned my mom to take temporary guardianship. If I sign temporary guardianship to my mom will DHS drop the case
answered on Feb 13, 2022
DHS may or may not drop the case. However, by your parents obtaining guardianship would allow the DHS worker to let your child remain in the care of a family member and not go into foster care in the event DHS stipulates you having to correct some items. If you feel there is validity to the... View More
Instead of moving her from everything she knows, I have allowed her to stay there with her father. I speak to her daily, video chat, and visit 1-2 times each month.
Our custody agreement is old and outdated. Her father has recently begun a trend of not responding to occasional questions... View More
answered on Feb 9, 2022
You can file a modification but from what you are saying you may not meet the significant change standard required to get the modification. Depending on the wording of your previous custody order you may be better with a motion to enforce if there is something that is not being adhered too. Contact... View More
He coded in Surgery and was placed on a ventilator and has not woke up in a week. Doctors are not sure why and the wife is not doing enough or pushing for testing. She is just waiting. Can his adult child make medical decisions over her and how if possible?
answered on Feb 8, 2022
The only way the adult child could override the spouse is if there is an advanced directive that designates the child as a proxy for decisions.
answered on Feb 7, 2022
That would exceed the power of the DA. The DA could request it but the judge judge would have to order it, unless it is through the DHS.
Currently living in Oklahoma with father of my child
answered on Feb 6, 2022
This is not a simple yes or no. There are many factors involved and would also depend on your current custody order.
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.