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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33498
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My active duty USMC husband and I are petitioning of our 8

Customer Question

My active duty USMC husband and I are petitioning for adoption of our 8 month old grandson. Must filed th paperwork on Monday. Both of his parents (to include our daughter0 are drug and alcohol addicts and there has been some police and DSS involvement already because of endangermwnt and nwgclect issues.
We received a note from the court asking us to show up with answers about how/who would provif his health insurance, et., if we or they are granted custody.
How do we make him our legal dependent with Tricare, if we fet custody?
V/R,
Tami
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Can you tell me are you retired military?

Customer: replied 1 year ago.
He is still active duty and plans to retire in Spring or Summer of 2016, after nearly 28 years- enlisted and officer time.
Expert:  P. Simmons replied 1 year ago.

Thanks

Once you get custody (ordered by the court)? TRICARE will put the child into the system.

They will not do so PRIOR to the court order.

But after? That is easy...they will add the child immediately.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
Is there any specific type of custody? Obviously "joint" custody won't suffice to establish dependency, but the intake officer we've spoke to here (he's a great guy!) says that all custody is "temporary," unless an actual adoption occurs, and neither if the bio parents are going to "want" us to have custody? I need to know how and what to do to " build a strong case" because that's what's is in this baby's best interests.
Expert:  P. Simmons replied 1 year ago.

Thanks

It is guardianship you are after. Your lawyer will want to file for guardianship. The court is highly unlikely to grant "custody"...that is reserved for parents who share time. As a grandparent, if you are granted the ability to raise the child it will be through guardianship

As for building a strong case? That depends on the facts of the case...would it help to chat on the phone about this?

Customer: replied 1 year ago.
Sorry, I just don't feel like I've been given clear cut guidance or path to follow. Mid this a pay as you go question and answer arrangement? If so,than thanks,but withal log the questions and intricacies involved, I feel that this method of legal advice will all too quickly diminish my monetary resources.Thank you though- your answered regarding TticAre were spot on.
Expert:  P. Simmons replied 1 year ago.

I am sorry for the confusion. YOu asked a very open ended question

need to know how and what to do to " build a strong case" because that's what's is in this baby's best interests.

I can toss out some basic insight if you like. But I offered a chance to talk on the phone for $5. I assumed, perhaps unreasonably, that was a reasonable charge. Frankly, it is the lowest charge they will allow me to make.

I do not understand what you mean by

I feel that this method of legal advice will all too quickly diminish my monetary resources.

If you do not have more questions, I would appreciate you rating the answer as that is the only way I receive compensation.

semper fi

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
I will take you up on the telephone chat tomorrow. When is the most convenient time and method of calling u
You?
I will certainly rate the excellent services that you have provided thus far. Thanks, ***** *****
Expert:  P. Simmons replied 1 year ago.

I am on the west coast. Available from 7am to 9am then again after noon. If you let me know I will block off time.

Phil

Customer: replied 1 year ago.
Great, a phone call tomorrow around 1200 works for me. Thank you!Tami Harris
Expert:  P. Simmons replied 1 year ago.

THanks. I will be available.

Expert:  P. Simmons replied 1 year ago.

Follow up. If you would like to chat on the phone you will need to accept the offer (to pay $5). Otherwise please rate my answer so I may receive credit

Expert:  P. Simmons replied 1 year ago.

Follow up ma'am, if you have more quick questions please let me know otherwise please rate the answer as that is the only way I receive credit.

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