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Is a guardianship legal if biological parents were not served with petition for guardianship?
Wiki User
∙ 13y ago
Guardianship is legal when the judge says it is. An attempt must be made to serve the biological parents but if service is not possible for whatever reason an argument can be made to the judge to grant guardianship without it.
Additional: If the child was removed from the custody of the biological parents by court order due to some shortcoming or failing of the parents to 'nurture and protect' the child, and custody was awarded to a foster family, you would.should have been issued a court order to that effect. . . IF you could have been found. If the state Dept. of Children and Family Services (or whatever they call it in your state) initiated the petition for the safety of the child, you need not have been served with any formal legal papers prior to them taking this action.
Wiki User
∙ 13y ago
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Can your sister get custody of your child?
Your sister can request guardianship of your child through a petition to the family court. She would need to provide evidence that the guardianship would be in the best interest of the child and the parents are unfit. The court would appoint professionals to evaluate the situation and report back to the judge. The judge could approve the guardianship if there was clear evidence that the welfare of the child would be better served if the child was in the custody of your sister, rather than yourself. The father must consent or the court must rule over his rights also. The process would proceed quickly if the guardianship is voluntary and both parents consent.
If a person is served with a divorce petition and a set of discovery request What does that mean?
see related link below
Can you have your husband served a petition for divorce if he lives in another state than you?
Yes you can have him served in another state, you may have to ask your local attorney if it is served under his states laws or your own. Great question tho.
How does someone go about getting temporary custody after served a complaint of divorce?
File a petition in the court that has jurisdiction over the case.
You want to divorce your husband is in jail in Florida?
File a regular Petition for Dissolution of Marriage form with the courts and have the husband served in the jail. A call to the correctional facility to find out the correct procedure to have him served. The husband would have 20 calendar days from when he was served to file an answer.
How do i get a copy of the petition of divorce my husband filed against me in San Bernardino county California since he won't give me a copy of it?
If it is actually filed, you should have been served with it (or will be shortly.) If you haven't been served with it, he (for lack of a better way to say it) techinically hasn't completed all his requirements of filing. Long story short is he's got to get you a copy of the Petition. If he already served you with and and lost it, you can go to the records room of the Courthouse and get a copy of it.
How do you apply for clemency after court martial?
To begin the ball rolling, write a formal written petition to the Secretary of the Branch of the service in which you served officially requesting it.
What did Steinbeck's parents do?
His mother was a formal teacher and his father served as a montery counter.
What type of biological material is in the enzyme?
Enzymes are mostly proteins. However it was believed that first molecules that ever served as enzymes were RNA.
Does the grandmother has the right to put father on child support if they are still married and the nother is incarcerated?
Do you have guardianship? It sounds like (from your question) you are raising the child not the mother or father. If this is the case you need to file for guardianship which will then award you child support from both parents (regardless of whether or not they are incarcerated). If the mother is seeking support she can go to the state and they will impute his income (guess what his income would be if he were working) if he has no college education they will impute the income at the rate of 40 hours a week at minimum wage. The state will then do all of the legwork to have child support assigned and make sure he is served in prison
What did John Steinbeck's parents do?
His mother was a formal teacher and his father served as a montery counter.
What rights do parents have to stop a child from being emacipatd?
If you live in the US... In some states parents must consent to the emancipation. In other states their consent is not required, but they are served notice of the petition and are given the opportunity to contest it. If they contest it, then the minor better have a darn good reason (which needs to be proven) why emancipation would be in their best interest (ie abuse, neglect, failure to provide the basic necessities of life, etc). And in fact, even if the parents don't contest it, the minor still must have a valid reason. And even if the minor has a valid reason, the court will still deny the petition if the minor doesn't meet all the other requirements for emancipation. Only a *small* percentage of emancipation petitions are approved.
