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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7454
Experience:  Experienced Family Law Attorney
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I need to talk to an attorney that deals with family law

Customer Question

I need to talk to an attorney that deals with family law
Submitted: 1 month ago.
Category: Family Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 1 month ago.

Can you provide some details about your situation please? What would you like to know this evening?

Customer: replied 1 month ago.
My daughter adopted three children at birth. The birth mom did drugs. The two children have been fine but the smaller child his name is Mitchell. Mitchell has serve problems. He has ADHD, ODD, and possibly artistic. He is has violent behavior. He has been suspended from school several times. He has violent temper. He sees a psychrist and he sees a psychologist every week. I suggested that she put him in a foster home but she says CPS would come and investigate them and take the other two children and put them in a foster. Home. She says if she relengish custody her and her husband would be arrested. Today Mitchell socked the dog in the stomach. The dog was fine but does she have any options
Expert:  FamilyAttorney replied 1 month ago.

Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

Expert:  FamilyAttorney replied 1 month ago.

Every state has something for a child who has specific issues like your son does. How old is Mitchell? Assuming Mitchell is at least 10 years old, there are procedures to deal with difficult children who are beyond the parents' control. Foster care is not the answer. Definitely not a good idea because of your other kids, indeed.

But these procedures all have similar names but are for the same reason -- for taking a child out of the home if necessary and helping rehabilitate them through the court system and have them in residential treatment centers or group homes with counselors who know how to work with children like Mitchell. It's not an easy thing to do as a parent, because you have to actually bring a proceeding against your son, but it might start at the probation level first.

These proceedings are typically called PINS (persons in need of supervision) or CHINS (children in need of supervisions), and I've seen minors in need of supervision, or juveniles in need os supervision. Each state has a different name for it but it's all the same thing. This is when the child is destroying the family in the home and needs to be taken out of the home. The procedure is easy and you don't need an attorney for it. You should call your local Family Court clerk and find out how you can start a proceeding in your county. It's the best thing your daughter can do. She may also be able to file juvenile charges against him for punching the dog and for his other violent behavior. I would start with a PINS/CHINS first and see how that works, and if needed, a juvenile delinquency case can be added to it. I have done these cases for many years and I have seen kids leave their homes and come back as better people. It has to be the right treatment center but you need to explain in your petition that your child has become more than unruly, he is disrupting the family, he is violent and his presence in the home is putting everyone in danger.

If you need a family lawyer for yourself, or for him, let me know. The court may appoint a Guardian ad Litem -- an Attorney for the Child, which is what I do in NY -- to represent Mitchell. You may want an attorney for yourself. If not, you can follow the instructions from the clerk's office as to where and how to file it.

Expert:  FamilyAttorney replied 1 month ago.

Because children do not have the same rights or duties as adults, the law expects them to comply with the lawful orders given by legal custodians. (Legal custodians include anyone who has the right to care for or supervise the child, such as teachers, day-care providers, or summer camp staff.) A child is considered incorrigible when the child repeatedly or habitually disobeys the direction of the child's lawful parents, guardians, or legal custodians. When a child refuses to accept these orders, this can cause significant problems for the child, the guardians, and the environment in which the child resides.

Incorrigibility is more than just disobedience. Incorrigibility example:

  • Disruptive, dangerous, disobedient. It isn't enough for a child to simply refuse to eat or go to bed on time. In order to qualify as incorrigible, a child's actions must be disruptive or dangerous. The child's actions must threaten the welfare, order, or safety of the environment., either at home or in school.

It is up to a juvenile court to determine if a child is incorrigible. The process differs slightly among states, but typically begins when a parent, guardian, custodian, or child therapist submits a petition or statement to a prosecutor or juvenile intake officer. The petition asks for an investigation or a hearing, to determine if the child is incorrigible. After that, the prosecutor or clerk will tell you or will determine how to proceed with the case.

Let me know if you need any more information.

This procedure is done in every state in the country. It's different in each state but the result is usually the same -- either the child is able to come home, which is not the case here, or the child is placed in a RTC -- residential treatment center. It will be a wake up call for Mitchell and he's going to have to behave or there will be consequences.

Please let me know if you have any more questions as I am happy to answer them.

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Thanks for letting me help you tonight!

Customer: replied 1 month ago.
You have answered with New York Law but what about California Law
Expert:  FamilyAttorney replied 1 month ago.

I answer California questions but if you'd rather have a Cal. lawyer answer I can opt out and will do so.

Customer: replied 1 month ago.
You have answered about New York Law but what about California and Mitchell is only eight years old. He has been getting worse since he was three years old.
Customer: replied 1 month ago.
What about California Law with a child who is only eight years old
Expert:  LegalGems replied 1 month ago.

Thank you for your patience; I am very sorry to hear your family is dealing with this.

A child, even a young child, can become a ward of the state:

http://www.courts.ca.gov/1216.htm

This is only used in extreme cases and the parents would need to establish a history of violence and a threat to the other family members.

It need not affect the other children from a legal perspective because some children are incorrigible and it is the parent's responsibility to seek legal assistance to protect the children from physical harm.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 month ago.

Thank you for your patience; I am very sorry to hear your family is dealing with this.

A child, even a young child, can become a ward of the state:

http://www.courts.ca.gov/1216.htm

This is only used in extreme cases and the parents would need to establish a history of violence and a threat to the other family members.

It need not affect the other children from a legal perspective because some children are incorrigible and it is the parent's responsibility to seek legal assistance to protect the children from physical harm.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 30 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!