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JD. if someone has a probation revocation hearing for

For Paul JD. Paul if someone has a probation revocation hearing for allegedly refusing ua's. What would the state have to have for evidence to prove beyond a preponderance of a doubt the the defendant refused any testing?

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Law Educator, Esq.

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I am in the middle of custody case right now with my sons

Hello, I am in the middle of custody case right now with my sons father in Colorado. I am trying to come up with parenting plan, but can't come up with anything that feels safe, and in the best interest of our son due to his well documented history with alcoholism DUI's and DWAI's. I fear for my son now while he has visitation with his father per the restraining order I was granted. I recently pulled bank statements to our joint bank account and found out that he is drinking/purchasing alcohol several times a week although he is on probation for DUI he got in April of 2014.What should I do??

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LawTalk

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My husband continues to insist that he cannot afford to pay

Hi again,My husband continues to insist that he cannot afford to pay for a second place. I told him I would leave and find a place with the kids and he has told me he will not allow me to leave with the kids. How can I do this legally? Again he is in the Coast Guard with orders to Washington, DC and we reside in Maryland. Thanks

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LawTalk

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Juris Doctor

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Last week my 10 day old daughter had a fall. She fell out of

HiLast week my 10 day old daughter had a fall. She fell out of my hand as I was going to get her a bottle. My wife and I immediately took her to the hospital. They found two fractures on her skull and she was hospitalized for three days. During our time at the hospital we were contacted by child protective services. We told them what happened and gave them information such as criminal background. My wife has a clean record and I have a DUI and misdemeanor cannabis charge, both from over five years ago. I also submitted a urinary analysis. I was asked if anything would show up and I told them possibly cannabis but probably not. They asked when was the last time i used cannabis and how often I do. I told them about two weeks ago and that I consume cannabis a few times a month (I live in Washington state where recreational use is legal). They asked me about my alcohol use and I told them I drink once or twice a week and a six pack or less. they asked me if i have ever had dependency issues or have been committed to rehab, I said no. They asked all of the same questions for my wife and she said no to all. She is currently active duty Air Force and we love on a military base. We both submitted to background checks. We also allowed them a walk through of our house which was found to be properly suited for a child and no issues. When it came time to be medically discharged from the hospital CPS put a 72 hour administrative hold on hour child, meaning she could not leave the hospital pending the house walk through and a family safety planning meeting in which we sit down with the case worker and her supervisor and discuss what happened again as well as in home services. It was also pending a medcon, which is an analysis by a third party doctor through the cps agency of my child's injuries to ensure the explanation of the accident was plausible according to her injuries. That doctor confirmed that everything looked plausible. Also two other doctors from the hospital confirmed it to be plausible. when we had the meeting the cps supervisor was very condescending and treated me as a criminal with no respect. They recommended an in home service which would require someone to come to our house once a week for 14 weeks.This is a description of the service that they provided to us:PFR is a hands-on therapeutic parenting intervention that is based on attachment theory for children from birth to three years of age. The program emphasizes that what young children need most is a caregiver who is nurturing, sensitive a, and representative of a child's needs. Promoting First Relationships uses strength based verbal feedback to help caregivers learn about child development. In addition, the caregiver and therapist use reflective practice to engage the caregiver in a dialogue that promotes the caregiver's understanding of their own emotions and needs, and the emotions of the child. Caregivers will gain the capacity to see the world through their children's eyes, identify their child feelings and needs, and how to meet those needs in a sensitive and responsive way. The service includes videotaping the parent and child.I told the supervisor that I did not feel the service would be neccessary and that we had plenty of resources through the military including parenting classes and agencies for helping families. This is when they became very rude. they said that i wasnt taking the situation seriously. then they said that during the 14 weeks they would be sending someone from cps to our house monthly for health and safety check. they also said i would need to submit to random urinary analysis for a month and that I would need to submit another sample after the meeting, which I did. None of this stuff was court ordered. After trying to refuse and getting forcible push back we reluctantly agreed because we did not want hem to keep the hold on our child. After the meeting we were finally able to bring our child home. She was recovered from her injuries and we are all doing well.So, finally my question is that do we have the right to still refuse the services, the random urinary analysis, and the monthly visits. And, if we do, what action can CPS take.

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Legalease

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Cps has legal and physcial custody of my 14 year old

cps has legal and physcial custody of my 14 year old daughter through a chips petition. They now have finished investigation on our family and found that i maltreated my daughter by not reporting a sexual molestation of her that she told me about a week after it happened and did not go into details. I am a certified nurse assistant and this will effect my job for ten years. I have 15 days to request reconsideration. my lawyer says that I should do that but we will most likely have to take it to state level. The problem is we dont want our daughter back home. We want her in a in-residental treatment facility where three mental health hospitals have recommended. CPS stated in court that their goal is reunification. I dont think cps is going to help her and follow the recommendations of the hospitals as they didnt for three years. What do I do?JA: Since laws vary from place to place, what state is this in?Customer: MinnesotaJA: Have you talked to a lawyer yet?Customer: yes but he is not helping and hasnt listened to usJA: What advice did they give you?Customer: admit to two sections of the chips petition and not the part where we were neglectful by not providing our daughter with food, shelter, clothing, etc....and we didJA: Anything else you think the lawyer should know?Customer: yes everything of the last 5 years of trying to get our daughter help.

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JD 1992

Juris Doctor

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I'm checking to see if my 16 year old can stay home alone

I'm checking to see if my 16 year old can stay home alone for 3 days.We don't have any neighbors that are closer than a half mile. We live in Michigan.JA: Have you talked to a lawyer yet?Customer: No.JA: Anything else you think the lawyer should know?Customer: We've got a adult relative who is willing to stay with our teenager but of course the teen isn't too happy about it. She did steal our car and runaway when she was 15. There was police and court involvement. She's not on probation or anything like that. She was given a ticket and has to pay fines.JA: Since laws vary from place to place, what state is this in?Customer: Michigan

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Samuel II

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Is it against the law mother to take the children and not

Is it against the law for a mother to take the children and not let the father see them nor hear from them before visitation has been decided

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Roger

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My brother has undiagnosed mental disorders - bipolar, ADHD,

My brother has undiagnosed mental disorders - bipolar, ADHD, and, in my opinion, antisocial personality disorder with extreme narcissism. He has always been mentally unstable and a social outcast. He's admitted to me recently that he's used LSD for over 20 years and does not plan to ever stop. He also abuses alcohol and no doubt other illegal drugs.His wife died a couple years ago, and he's now the sole parent raising two young daughters (8 and 9). The girls have told me about physical abuse (hitting, verbal). The girls told me that their grandmother (my brother's deceased wife's mother) has recently called CPS, and they interviewed the children and my brother. I've been wanting to call CPS for a while but know they don't always do the right thing.My brother is a compulsive liar and can put on his "normal" hat to fool most people. Without documented proof of his mental instability, I'm afraid CPS won't do anything. I've been afraid to call CPS because, one, they probably wouldn't do anything but interview my brother and, two, they would tell him I'm the one who called. And if he knew I called, he would never let me see the girls again. That is exactly what happened with their grandmother. He found out she called CPS and won't let her see the girls anymore.I don't know what to do. Do I get a lawyer and fight for custody? We don't have a lot of money to spend on a lawyer. But I have zero doubt my husband and I can provide a much more stable, loving environment than my brother. Do I just call CPS, give them what information I know (drugs, abuse, etc.) and hope they do more than just interview him? Do I call some mental institute and suggest he be committed/treated?Since his wife died, he's had several people move in and move out of their house, which is in one of the worst neighborhoods in Oakland, California. He's dated and moved in girlfriends (one was a transgender who ended up being very violent and had to have the cops called on her more than once). He's moved in his drug dealer (who's currently living there now).Please help.

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Alex J. Esq.

Managing Attorney

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A good friend has asked that I petition guardianship of her

A good friend has asked that I petition for temporary guardianship of her 5 year old daughter (for whom she has been the primary care giver since birth).About three months ago the child's father sought out and received emergency custody and a restraining order against the mother (after a domestic dispute in which the mother became violent). The father wanted to allow the child to finish out her school year, but, because he lives about an hour away, asked the maternal grandmother to care for the child during the week (The maternal grandmother and the mother are not on good terms, and mother wants grandmother to have nothing to do with the child). The grandmother then unexpectedly filed for guardianship. This is not desired by EITHER parent for a myriad of reasons.The mother has requested my petition for guardianship to ensure that the grandmother is not granted hers. The child has been living with grandmother 5 days a week for the past 2.5 months and seems to be doing well. However there is concern that grandmother's husband is an alcoholic and has lost rights to his own children. Additionally, the Grandmother has lied in her statement to seek guardianship (making claims against the mother) and we have on record from several other family members her admittance of lying. Mother and Father both believe that Grandmother is manipulative and trying to take child away from them.My main question is this: I am only able to care for the child 2-3 days a week, and I live 2.5 hours away. However, I do have a positive relationship with both parents, a safe clean home with a bedroom for the child, and can facilitate conversations around custody and visitation issues that the Grandmother cannot. Is this sufficient for a judge to warrant a guardianship? Or would I need to show that I am able to meet the needs of a child full time? Would I even be considered against a biological grandmother? I am trying to figure out whether it is worth my time and effort to try.

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NYFamilyLawyer

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JD

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