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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My attorney wrote The placement of Tatum (my minor daughter)

Customer Question

My attorney wrote: "The placement of Tatum (my minor daughter) with a person other than her father can not be legally sanctioned by any court other than probate court."

Why did my divorce attorney write that?

My husband was at that time being treated for cancer.
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

The reason your attorney wrote that is because it is true. You or your daughter's father are both deemed to be legal guardians of the child if you are both listed on the child's birth certificate. Anyone else, be it a relative, sibling, or a stranger, cannot care for the child unless legally sactioned and permitted by the courts. In other words if you, for example, wanted the child to be cared for by your mother, you would have had to write a guardianship petition which would have had to been approved by the courts before guardianship would have been transferred.

Good luck.
Dimitry K., Esq. and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
hold on the divorce judge ruled that visitation with my daughter was cancelled because of my actions regarding the health insurance. So now what happens? The father is dead, my daughter has possession of the child; my 2 other adult children hate me; and my older one is trying to show I am unfit in probate court. Where do I turn for legal assistance?
Expert:  Dimitry K., Esq. replied 5 years ago.
To turn for legal assistance consider contacting the county bar association and see if they have low cost or pro-bono help available. You can also browse and search for LegalAid and other women's groups in the area as they also provide low-cost assistance for those who have no or very limited funds.

Good luck.

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