My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »
answered on Feb 1, 2023
The PROBATION officer won’t but protective services may have issues.
I hope this is already in the works but, you NEED to have both legal and mental health professional assistance for your family. Seek that help right away.
My son is being convicted of CSC 1 and 2 counts CSC 2. The victims in the case are my younger kids. My younger kids are worried that they are going to be removed from the home. And the probation officer just scared them today by just showing up. So I was just wondering if a probation officer... Read more »
answered on Feb 1, 2023
The probation officer can't, but as Mr. Zichi indicated, CPS can. The probation officer can ensure that your son is not in the residence or having contact with your other children. This is likely already ordered as part of his pretrial release conditions; probation officers are charged with... Read more »
They have been in foster care for 18 months and talking about termination because their father is on drugs. But I have everything that was required in order for my kids to come home.
answered on Jan 30, 2023
If you are still living with the father after 18 months of your children being in foster care, the Court has likely determined that the children can't be released back into your home, if the father is not sober. There appear to be some details that have been left out if the Court is... Read more »
I have a sealed record from when I was under 18 and I am planning to travel to India for 2-3 months. This was originally a felony but got reduced to a misdemeanor and later sealed.
Also, Would I have to check the boxes that state criminal records? Because it is a sealed record?
answered on Jan 27, 2023
In general, if your criminal record has been sealed, it means that it is not accessible to the public, and it should not be considered when applying for most jobs, housing, or other opportunities. However, when it comes to international travel, the rules can be more complicated. It is possible that... Read more »
I fired my attorney, right in front of the "mediator", and she told me "all the lawyers here are interchangeable. They're going to tell you the same thing. " Had i only known i needed to say it to the judge. Maybe it wouldn't have made a difference at all.
answered on Jan 27, 2023
The Arizona Bar handles complaints about lawyers.
As for having their own firm, it really doesn't make a difference.
If you think of suing your lawyer, you really should speak to a legal malpractice attorney before you file anything.
Your children are considered property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to some... Read more »
answered on Jan 27, 2023
Children are not considered property in US jurisprudence. If a court order has terminated your parental rights and awarded custody to others, your remedy is to appeal that order.
Replevin is a legal remedy that applies to personal property, not to children. It would be frivolous to try to... Read more »
answered on Jan 25, 2023
A final peace order may only be issued after a hearing or by consent of the person against whom it is sought, after service of the interim or temporary peace order and notice of a hearing. The hearing is like a trial, and each side can testify or call witnesses, present evidence, etc. The... Read more »
I am 16 living in MS. My parents are non-abusive but I can not stand living with them anymore. Is there a way I can put myself up for adoption without parental consent?
answered on Jan 17, 2023
No. You cannot put yourself up for adoption, and you cannot be adopted without the consent of both of your parents, unless a Court has terminated their parental rights.
My son is in middle school and takes a controled substance after lunch daily. Nurse gave him 2 pills today instead of 1. She called and told me her mistake. My son said he asked why 2 pills and she said becayse his dose changed.. and came and got him later and said she made a mistake. She told me... Read more »
answered on Jan 16, 2023
An Ohio attorney could advise best, but your question remains open for two weeks. I hope your son is okay. It could depend on whether there were any significant damages as a result of the wrong dosage. I hope there were no serious consequences, but any lawsuit would be based on the severity of the... Read more »
You
My 13 year old sons person was searched, his backpack, coat, hoodie and locker. We were not notified. Then they find weed rolling papers. (Obviously he shouldn't have them) then they threatened to call the cops and said he'll have fun in juvie. He was so terrified that he... Read more »
answered on Jan 16, 2023
Your primary issue needs to be resolving any school administrative action or juvenile action against your son. Yes, schools can search students' personal belongings and lockers. The appropriateness of other actions described should be discussed with a local attorney.
answered on Jan 14, 2023
Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.
answered on Jan 8, 2023
No, you can't. It is a common misconception that the person who reports something to the police is "pressing charges." That is now how it works. You may report the case, but one you do it is out of your hands. The government (the prosecutor) is always the one who brings the charges.... Read more »
He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.
He was already going to court for smoking pot at school. This time they didn't drug test him to see if he was clean. He is on meds for ODD and ADHD.
answered on Jan 6, 2023
Likely he will have to answer the charge of unauthorized use of a vehicle. He could be detained by the court, but likely will not be unless he has an extensive juvenile record beyond what you’ve detailed here.
The prosecutor and judge said no contact with our children, can we still get supervised visitation through children services?
answered on Jan 5, 2023
If there is a no contact order arising out of a criminal case, or out a juvenile court case, children's services cannot override such an order and permit visitation because they would literally be facilitating a crime. It is against the law to violate a no contact order.
The 18 year-old and 16 year-old have been in a relationship for a year and a half now. The household of the 18 year-old is safe and no harm could come to the 16 year-old. The 18 year-old lives with their parents who are 50+, the house hold that the 16 year old is leaving is not safe for the 16 year... Read more »
answered on Jan 3, 2023
As long as the parents of the 16-year old consent, it is unlikely the 18-year old will get into trouble.
I strongly recommend getting the parental consent in writing in case one or both parents later change their mind.
Without parental consent, the 18-year old and his/her parents... Read more »
answered on Dec 31, 2022
File a petition for emancipation in the district court of the county in which you live.
This child lives in my home and his mother as well. His mother lets him get away with literally EVERYTHING and won't do anything about his behavior. He has broken things in my home, disrespectful, smoking cigarettes, walks the roads whenever he pleases, cusses all the time and back talks... Read more »
answered on Dec 30, 2022
It is possible that you could file a CHINS (child in need of supervision) petition in the juvenile court for your county. However, before you seek that remedy, perhaps you should talk to the mother and explain your frustration with the child's behavior while the two are residing with you.... Read more »
answered on Dec 30, 2022
Unfortunately, the age of majority is 19 in Alabama. If you are seeking to be treated as an adult, and be able to enter contracts (like leasing an apartment) you would need to be emancipated.
The parents can't do anything about it. When the issue is addressed the boy and girl cause a big argument. The girl is the one that talks the boy into how he's acting. Her parents put her on birth control because she's been having sex for awhile now with others. Her dad is in jail... Read more »
answered on Dec 30, 2022
Under Oklahoma’s “Romeo and Juliet” law, consensual sex between two minors is not a crime as long as each individual is at least 14 years of age and younger than 18 years of age.
If the girl’s family is as dysfunctional as you describe, you might turn to the boy’s parents or... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
