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Recent Parental Consent questions

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

Licensed Attorney for 36 years

JD

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Can my 9 year old son be adopted by my comon-law husband of

Can my 9 year old son be adopted by my comon-law husband of 8 years if my son does not carry his biological fathers last name on nothing not even birthcertificate or anything. And if so would we have to marry legaly?

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LegalGems

Juris Doctorate

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I have lived in the state of years with my 2 children since

I have lived in the state of Ky for 10 years with my 2 children since my divorce which took place in Georgia. The move was part of the divorce agreement. The children's father (my ex) wants to modify the child support agreement due to a reduction in his salary due to a drop in oil prices ( he works on a drill rig) and to include reductions for the time the children spend with him or if he has to travel to visit them during the school year. the children are currently with him and he will not pay the current support when they are with him. Am I responsible for his attorneys fees? Do I need an attorney? and in which state is this handled?

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Loren

Juris Doctor

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I'm 16 years old, 17 on August 29th, in South Carolina. My

Hi, I'm 16 years old, 17 on August 29th, in South Carolina. My mother took in my boyfriend in early August of 2015, when I was still 15. She cared for him, being that at the time he had nowhere to go. She has just recently kicked him out. But I am pregnant. I want to be with the father of my baby, for him to help support me and the baby and so that my baby has both parents, not just one at a time, but my mother won't let me see him at all. I have wanted to go up and visit his family but I cannot because of my mom, and I don't want to do it behind her back, partially because of legal consequences, if there is any. I have read that it is not an offense to "run away" persay at 17 in SC, and that police cannot bring me home, but she can file a lawsuit against his family for harboring a minor? I want to be with him, because I'm looking out for the baby to have both parents, and I love him of course and don't want to be separated. How can I legally get my mom to let me live with him and his dad and sisters? They have an extra bedroom, and at my house, there is 2 bedrooms for me and 3 other kids. The 3 other kids share one bedroom with one twin bed they all sleep on. I cannot raise a baby by myself there in such a crowded space, and at his dad's I have a guy who will support me, his family will also support me, and we have our own room there. I just want to know what I can legally do when I turn 17. If I can go to his dad's house, without having to necessarily come back to my moms house? Or if I can marry him, his parents would approve, my mom I'm not too sure. Please help, I need to know what I can do!JA: Because family law varies from place to place, can you tell me what state this is in?Customer: SCJA: Have you consulted a lawyer yet?Customer: NoJA: Is there anything else the Family Lawyer should be aware of?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

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29 YEAR OLD MALE WHO TRAVELED TO EL SALVADOR TO VISIT MY

HI IM A 29 YEAR OLD YOUNG MALE WHO TRAVELED TO EL SALVADOR TO VISIT MY GIRLFRIEND SHES FROM NICARAGUA SHES 17 AND WILL BE 18 THIS FEBRUARY I HAD SEXUAL RELATIONS WITH HER AND THERES A HUGE CHANCE SHES PREGNANT WHAT ARE THE CHANCES TO BRING HER TO LIVE WITH ME IM A US CITIZEN

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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I am asking a question teenager who lives near me in

I am asking a question for a teenager who lives near me in Rockledge (Brevard County) Florida. This is his question:I am 17 years old and live with my father. I have just finished my 10th grade in high school. My school hours are five hours per day and I am free to work on my job the remainder of the day. I am a mechanic at my best friend's father's golf cart shop. We build golf carts and I work full time in the summer months and part time during the school season. I net $10 per hour. The owner of the shop (my friend's father) hopes that both his son and I can continue to work in the shop until we graduate from high school. He then plans to open up another shop in the Brevard County area where we will also work. During the past year, my father tried to open his own "handy man" business. It was closed down because he did not have a contractor's license. Because he has a felony record and because his driver's license has been suspended due to a large amount of money owned to my Mother for another child, he cannot find employment. During the past year we had our electric turned off numerous times and on one occasion our water was off for over 2 weeks. We are being evicted from our apartment on March 31st and he has not been able to find another apartment that will accept us. How can I proceed to be emancipated? One of the young men at the golf cart shop that I work with has invited me to come live with him in his small house. I will continue to attend school in my area and I have a Jeep that my grandfather helps me to maintain. Please advise.This is an exceptional young man with great mechanical gifts. Is there any way that I can help him proceed with this process?

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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Is it legal to give parental consent to allow my 17 year old daughter to live with

Is it legal for me to give parental consent to allow my 17 year old daughter to live with friends during the school week? I am ok with it and give my consent. Is there any problem with that? Everyone is in favor of it and would like it to occur since she will be closer to school. Just want to know that there isn't any law being broken.

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Loren

Juris Doctor

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I was trying to see could maternal grandparents adopt a child

I was trying to see could maternal grandparents adopt a child without paternal consent. The mother passed away 3 months ago.JA: The Lawyer will need to help you with this. Please give me a bit more information, so we can help you best.Customer: My husband has a child that he was being kept from seeing when we first were dating. The child lived with his mom who lived with her parents. Her parents put the daughter out after a while and told my husband that she signed over her rights which I thought was kind of weird because I thought you needed both parents consent. The mother died in January and now they are asking to adopt the son. They claim my husband isn't going to have to give up his rights which I feel is a lie.JA: Anything else I can tell the Lawyer before I connect you two?Customer: What I just typedJA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.

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JD 1992

Juris Doctor

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The other night my 16 year old son and I got into a heated

The other night my 16 year old son and I got into a heated argument because he's been lying, stealing, and bringing drugs into my home. At some point he decided to take a swing at me, and then tried to tackle me. I wrestled him to the ground, but he's a big kid (at least the same size as me, if not bigger), and we bounced off a lot of things. In the process he ended up with a couple of bruises. I did too. We finally separated to cool off, and then talked and apologized to each other. He went to school the next day and one of his High School teachers sent him to the nurses office. He told them that he fell down some stairs, but then changed his story several times. I was called to pick him up and told to bring him to the doctor to be examined for a concussion. While I was there, no one asked me anything. I made the doctors appointment and we went home. I was called about an hour later by a DCF worker who came to the house almost immediately to discuss what had happened. Apparently the school nurse alleged that I abused him. The worker came, we talked, and she didn't seem too worried about it. I didn't tell her what actually happened because I did't want to get either one of us in trouble, I also have an 8-year-old daughter living with me and I didn't want to risk them taking her even for a night. I took my son to his doctors appointment after that, he was examined, and basically told to take it easy and stay home from school for the next few days. While I was at work the next day, a police officer called me to ask if we could meet up that day or the next to discuss what had happened. I told him that I wouldn't be home until after five. He said that was fine. Then, knowing I wasn't home and that my son would be home by himself, he and another officer went to my house and basically tried to coerce my son into writing a statement against me alleging that I beat him up. My son told me that he panicked and told them whatever they wanted to hear, but did not write a statement. I called the DCF worker to ask if police involvement was normal in situations like these, and she said that she had never had the police involved in a case like this before. Now, the police officer never did meet up with me that day, but called me on Friday to ask me to come to the station. I told him that I couldn't do that, and asked him what he needed to talk to me about. He wouldn't say anything other than he would try to get out here early next week. One important thing to note is that in Connecticut, where we live, DCF considers him a minor until he turns 18, but the police consider him an adult once he's 16. Another important thing to keep in mind is that in the almost 12 years that my son has lived with me, and the 8 years that my daughter has lived with me, I have NEVER felt the need to discipline either one of them physically.I have several questions: A) Should I speak to the police next week? B) Should I ask for an attorney when I do? C) Can what my son said when the police questioned him be used against me? D) Can the police showing up to question him, knowing that his parents weren't home be considered coercion? E) Do I need to be worried about the DCF taking my daughter from me? I assume that if they were going to do that, they would have done it the day that they were here. F) At this point, would it be in my best interest to tell either the police or the DCF worker what really happened, or should I just keep my mouth shut? I really don't feel like I did anything wrong.

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Zoey, JD

Doctoral Degree

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