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Recent DHS questions

An anonymous tip to police led to CPS doing a physical exam

Hi, an anonymous tip to police led to CPS doing a physical exam on our 11 yo daughter that found no evidence of abuse. we submitted without a court order.Now they want to do an interview with a psychiatric doctor. do we have let them ? If they have no evidence of abuse based on their investigation so far, it seems like they would not be able to get a court order and we could end this now and not take a chance on someones interpretation of the interviewJA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Michigan, currentlyJA: Has anything been filed or reported?Customer: by whom ?JA: Anything else you want the lawyer to know before I connect you?Customer: no that I can think of

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Ely

Counselor at Law

Juris Doctor

68,702 satisfied customers
We are preparing to relocate out of the country. We are

Hello, we are preparing to relocate out of the country. We are trying to understand how the law applies with the mother has presumed sole custody, e.g no court custody order in place.JA: Since laws vary from place to place, what state is this in?Customer: Michigan The court has advised that in this situation, since there is no court order for custody, the presumed sole custody status is in effect so the biological father has not rights. What I'm trying to understand is how we provide evidence of this to do a visa application.JA: Have you talked to a lawyer yet?Customer: Not yet, trying to understand if this will be necessary, or if a simple interpretation of the law is needed.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that's pretty much it, "How can the mother who has sole custody status since she had the child unmarried, provide evidence that she has sole custody, so that she can apply for a visa."

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LegalGems

Juris Doctorate

17,630 satisfied customers
I live in the state of minnesota I have a child and we have

I live in the state of minnesota I have a child and we have child support just through me and her father and he pays more then most people pay for multiple kids. I recently had to file for health insurance through the state and they told me we could leave child support between us and it would be find. Then yesterday we both received child support paperwork in the mail and saying he can no longer pay me child support. Is that possible? I had asked about it and they told me no i didn't have to file, otherwise we would have thrown out the paperwork. How can they tell me one thing and turn around and do that? Is that the lawJA: Because family law varies from place to place, can you tell me what state this is in?Customer: MinnesotaJA: Have you talked to a lawyer yet?Customer: we havent but were wondering if we shouldn't talk to a lawyerJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LegalGems

Juris Doctorate

17,630 satisfied customers
Our daughter-in-law and her current husband (our son passed

Our daughter-in-law and her current husband (our son passed away and she remarried) took custody of a niece from out of state around 7 years ago. She came from a really bad home. Both of her parents were in prison. Not a very well behaved child,15 years old now. They have 3 other children. The niece has a history of being violent and a perpetual liar. The niece just accused the grandfather of groping her to the school. The police came and asked that her grandfather leave. My daughter-in-law, Mare, said no the niece, Elaine, needs to leave. DHS said they have to pay for Elaine's stay in this facility they took her to. They have had her in counseling but to no avail. Mare and her husband is concerned for the safety of their other kids now and no longer want her in their home. DHS said for them to get a lawyer because they were going to charge them with abandonment. Can they do that? What recourse do the adults have? The police have since cleared the grand father of any wrong doing.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Has anything been filed or reported?Customer: Mare spent the afternoon with DHS and is required to go to court tomorrowJA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of. I'm sure they will have many questions.

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Bruce Schreiber

Juris Doctor

196 satisfied customers
I live in Iowa. I have Legal Guardianship of my Nephew with

I live in Iowa. I have Legal Guardianship of my Nephew with no restrictions on the Guardianship. The child's Father's parental rights have not been terminated. The father was granted unsupervised visits. Do I have the legal authority to restrict the father from taking the child out of state, the county or make the decision where he can take the child.

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Bruce Schreiber

Juris Doctor

196 satisfied customers
I just got appointed Legal Guardian of my nephew in Iowa. I

I just got appointed Legal Guardian of my nephew in Iowa. I also received the Letter of Appointment. There is an agreement though for unsupervised visits with the Father and his girlfriend. The Court Order is for the Department of Human Services to be involved to make sure that these visits are safe for the 8 year old child. The social worker has told me that since DHS is still involved that they make the decisions regarding what the Father and his girlfriend can do with the child. Specifically transport the child in the fathers car that has steering problems that can potentially be unsafe. She said he doesn't have to get it fixed. She also told me that the District Court order won't be enforced until the CINA case is closed. The Letter of Appointment that I have is not signed by the District Court Judge but by the Clerk of the Court/Designee. The Code of Iowa simply refers to "the court" in the statutes pertaining to guardianship appointments. Is this letter legal and has the district court order already been enforced making me the Legal Guardian instead of DHS?

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NYCLAWYER

Attorney

Juris Doctor.

41,508 satisfied customers
My 7 year old daughter told me in may of 2016 that she was

My 7 year old daughter told me in may of 2016 that she was being abused by her stepbrother and that her full blood brother was witness to numerous times of the abuse taking place while under there fathers custody I immediately called the police the step brother was charged cps investigated and ruled on the case substantiated and put a safety plan in order for 6 month the children to be put into my care my lawyer entered a motion to modify custody but the judge failed to notice that there was a motion entered to modify custody ordered me to hand my children back to their fathers custody the father has also hired his attorney to defend the stepbrother and has put my daughter on anti depressents which I was not informed of until my daughter snuck over to me on one of the 10days that I receive on my visits the stepbrothers biological mother is the one giving the pills to her and now she is making her take more of them i fear for my daughters mental state of mind she is not in need of such medication the six months that I had her and my son in my custody she was attending counseling every week recovering from the secret of the abuse taking place in her fathers custody she showed no signs or extreme behavior for her to be prescribed any medication of that manner while under my custody her counselor never seen such medication needed either DHS has recently opened another case in regard to my children as well over there father and stepmother recanting the story of the abuse not happening I cannot allow them to be put threw this over everything that has happen they shouldn't feel like they did something wrong when they did not do anything wrong they told the truth

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Lucy, Esq.

Juris Doctor

33,108 satisfied customers
If a stepbrother rapes his younger sister in the home of

If a stepbrother rapes his younger sister in the home of there father and DHS removes the sister due to the substantiated evidence of failure to protect and neglect found DHS places sister in Biological mothers care then stepbrother is removed and placed into a psychiatric evaluation center. Then how biological mother goes to civil court for custody of sister but denied mother and places sister back into fathers home.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,356 satisfied customers
My husband all but used force to get me to quit my career

My husband all but used force to get me to quit my career after our now 6year old daughter was born. Since then I've been stay home mom. Last July she came to me with disturbing things regarding "games" they played and now she's too big . I won't go into more detail as it was investigated and unfounded. But even so I knew he would retaliate for challenging him as that is how this man has responded to me historically. I didn't leave him but 3 months later he was able to get an emergency protective order on me through the help of my 19 year old son who has been aligned with my husband for the past 4 years. The two together are terrifying. I never reported all this to police before because aside from the recent allegation the last time I notified law enforcement about my husband taking my son 16 at the time to smoke m.j. when I tried to remain anonymous the police were very rude and said it was like giving your kid champagne at a wedding. He said he would tell my husband it was me or he would call CPS. Neither worked for me but I opted for the latter. Sure enough DHS came and the two of them lied through their teeth. I've been punished since and my husband even took my daughter for 2 days to a hotel room while my son kept post outside my bedroom door. So speaking up equated to me losing my daughter. I stayed because of that and was conditioned to use self incrimination as my only form of control to keep from him doing it again. Back to the protective order. I was asleep on my couch in the living room. My son called police stating I was overdosed. Police came barging in and I woke immediately. I took them into the garage where I had been cleaning and on the table was my prescription medications some crushed with straws. He also gave them my bottles of pills that were way low on count. I was in shock. My son stood there smirking while I tripped all over my words. I admitted to 4 years ago doing that with one of my meds but no more. It was not believed. They took my daughter opening a case on me now but little did I know the protective order was already underway and subsequently granted by the judge. I have not seen my daughter in 4 months now as I have done what I was told. I did an assessment and at first was told I was not at risk for addiction treatment then told an hour later nevermind I do have to because the report said I had low pill count. Last 3 months now taking tests...But still denied supervision since my husband apparently had the cash to hire an equally narcissistic attorney. I finally got phone calls but the third one was the last as he said I was inappropriate on the call. Without continuing my novel I will just ask you to trust me that never once have I said a disparaging remarks about my husband to my children even if I feel it because I know it's important not to talk about these matters with the kids. OK so I did after firing the first attorney got another one that although smart doesn't match the opposing counsel in aggression. My husband did take my daughter out of our house and I've been staying here but since I'm a stay home mom and now finding out he somehow refinanced the mortgage taking my name off it his attorney is filing for him to get the house back in the interim because I am not maintaining it and I can't refinance anyway and he needs to prepare it for sale. Well I can get a good paying job and I don't want to sell. He has 2 business he owns one and the other he owns half. He also fraudulently put me down as an employee and I even got a w2 making almost 9k. He told me to file unemployment on it. I never worked for him. He picked the money himself. My attorney now is just family law but this is only tip of the iceberg of his shady business dealings. I know I'm sporadic with my questions bcuz this case is complicated. He is a liar, thief, criminal and he is a registered sex offender to boot. It was when he was 18 and I tried to help him apply for a pardon and post conviction relief all the way to theJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Oregon. And I meant he pocketed the payroll money on the w2JA: Has anything been filed or reported?Customer: Just my current attorney asking I get my daughter back because we complied with going to treatment and random drug tests. All the drug tests have shown just my oerscribed medication. Also the family house I asked for exclusive rights to use it but so did he for the reasons he statedJA: Anything else you want the lawyer to know before I connect you?Customer: No I think that's it for now

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,264 satisfied customers
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