Claimed Lawyer ProfileQ&A
- Juvenile Law
32 Questions Answered
- Q. If another state dramatically mismanages a foster child's case, can I sue the sate for legal guardianship?
- A: There may be actions you can take to get children properly placed, but it appears you need an experienced attorney at this point. "Suing" the state should not be at the top of your list. It is difficult for everyone when the state finds it necessary to remove children from their parents. These case often get out of control despite the good intentions of the state actors. Y
- Q. Hi! My daughter is 14 and we live in the state of Tennessee. She no longer wants to go over to her dads house.
- A: Children are not allowed to make parenting decisions. If you and her father are unable to resolve the issues, seek outside assistance through mediation or the courts to modify your parenting schedule. If you have a parenting plan, it probably has a clause on how the plan can be modified. An attorney may or may or not necessary to accomplish your goal.
- Q. My ex is not taking care of my daughter she leaves her with other people I live in a different state
- A: You cannot remove the child from the custodial parent unless there are extreme circumstances. Hire a lawyer and gain custody through the court.
- Q. Unwed single mother, financially support my daughter since day 1, as every parent should.
- A: Your question is what rights does he have. The answer is actually none until he goes to court and establishes them. Please speak with at least a couple of good attorneys that practice extensively in this area of the law. The answers you need to hear cannot be answered in this forum. There are some attorney websites that have some easy to read and straightforward answers to your questions. Miles Mason, Memphisdivorce.com? comes to mind And know there is some degree of variation on how the law is applied in different counties. Please contact someone who will share some experience with you, even if a small consultation fee is required. And have father do the same. You both have a duty to your child to get this started off on a positive track. Good luck with your baby. Bet you're gonna be a great mom.
- Q. What forms are needed to file for a replacement of appointed attorney with a different appointed attorney?
- A: Rarely will a court appointed attorney be replaced with different appointed counsel. I am not aware of any "forms" for doing so. Before you do anything, ask yourself if you have fully cooperated with your attorney and what part you have in the matter not being resolved. If you genuinely believe you have not been represented responsibly and zealously, you can file a complaint with the court and with the Board of Professional Responsibility to make them aware of what you believe is ineffective assistance of counsel. The best remedy is to hire an experienced attorney familiar with juvenile law in your area. Or simply cooperate with DCS. The Department usually wants parents to raise their own children and it makes efforts to reunify families.
- Q. My hsb & I separated. He got another woman pregnant. We reconciled and now she doesnt want the baby but he does. ADVICE
- A: She can give him legal custody by simply filing a petition in the juvenile court and asking the court to award him custody. She can terminate voluntarily, or surrender, if you choose to adopt the child. You may want to seek a guardianship in probate court. You have options, none of which are particularly difficult, but what your needs and goals are should be discussed with an attorney experienced in this area of law.
- Q. If a 59 year old brother resides in his 67 year old sister's home and pays rent, is he legally bound to care for her?
- A: Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.
- Q. Can I get rights to the son I have raised and have full time his mom gets him on weekends. Biological dad is not prsnt.
- A: Yes.
- Q. Mom of kid here, Dad died owing 5years Csupport, has debt, not much asset, 5Kestate in probate. What is best for my kid?
- A: I am no expert in probate law but suggest you contact someone who is. I would not be surprised to learn that the child support arrears trump other obligations. Be worth asking by simply filing a claim against the estate in probate court bringing the child support debt to the court's attention. It is your child's money and you are right to act on your duty to him. Whatever you do, you need to do quickly.
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