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hey guys can you tell me more about asset protection trusts?? Who uses them and what are they used for usually? I inherited some assets and I would like to protect them from lawsuits, divorce, or whatever......would be really appreciated if you can help out..thanks a lot!
Your posts on this subject are getting crazier and more paranoid by the minute. Do you have anything to base these opinions on, other than reading the newspaper and watching t.v.? If you do, please share your experience with us.
I've seen it multiple times in multiple counties. You can find case histories on the web if you are really interested.
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The courts absolutely should be involved in a case like this. The system really has no other alternative in a case like this other than to temporarily remove a child until it can get a handle on what is going and try to fix things.
What happened before there were family courts, mark? Do you think parents simply let older brothers have their way with younger sisters?
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Whatever you might imagine, Djacques, terminating parental rights is extremely difficult. The state has to make all kinds of efforts before it can move to terminate a right which has been held to be constitutional in nature. The state has to provide the parents with legal counsel at the state's expense if they cannot afford counsel. The state has to show with strong evidence that termination is called for and other alternatives either have been tried or won't work. If you imagine this process is done "willy nilly" and capriciously than you truly don't know what you are talking about.
Oh, I've seen the caliber of the attorneys that poor parents are provided. I am witnessing a case right now in which a mother is being set up to fail by her attorney, who is not representing her as she wishes, and she has been denied the right to change attorneys. The judge appears uninterested in the case, and the attorney bullied her out of taking the termination to a jury which is her only chance. We are trying to get that changed. There are about a dozen specific exceptions to the "reasonable efforts" requirement and they will find a way to stuff almost any case into one of them if they really want to. Anyone who thinks they always make reasonable efforts even when the law requires it do not know what they are talking about. The rules only apply in cases where the parent can afford a decent attorney.
One mother I know was terminated when she was given mutually exclusive rules: they wanted her to work full time and stay at home full time. And once your rights to one child are terminated in Michigan, they are de facto terminated for life since the "reasonable efforts" requirement no longer applies.
Seems to me everyone on the thread has acknowledged CPS is a flawed system that could use some improvements and overhauls. However, it is the system we have right now. Apologists for those who have sexual contact with children make ME sick.
There are always posts in Parenting lamenting CPS. I hope when people have the opportunity via voting for increased funding, fundraising, volunteering, etc., that people do whatever they can to improve CPS.
Seems to me everyone on the thread has acknowledged CPS is a flawed system that could use some improvements and overhauls. However, it is the system we have right now. Apologists for those who have sexual contact with children make ME sick.
I'm going to have my nephew stay with me. The county authorities and the judge both agree that he is too young to be placed in the juvenile justice system and it will do more harm than help. I have a representative from the county authorities in this matter (I'm assuming CPS) come to do a home inspection on Monday and interview with me.
Apparently, they are going to have someone with a PhD in something relating to children, psycology, and sexual abuse do an evaluation of him. The evaluation is determine what the chances of him doing what he did again are. Based on that report, the judge will decide to A) let him stay with me and recieve counseling/therapy for X amount of time, or B) place him in a facility where he can undergo more intensive therapy, be released form said facility and live with me.
In either case, I'm still not sure how long he will be with me before he could go home again. I'm thinking worst case scenario 12-18 months. Who knows.
Truth be told, I'm scared as hell. I don't know how to raise a kid, I have no idea how to raise a kid. What if I screw up? What if I make things worse somehow because of my inexperience in this matter? I'm 28 and have a few friends with children but they are all 5-6yrs or younger. I volunteered for this even though I have not a clue how to be a parent, adding the fact that this is a special needs child which adds a whole new dynamic to the situation...
I knew you would step up to the plate from your first post. and your qualms are what any right thinking parent would have, or guardian in your case. congrats and good luck
I don't think that is something to be hoped for. Family "plans" are often set up for parents to fail. It would've been far better for this to be handled at home without court involvement, but you can't put the genie back in the bottle.
No, because likely he was molested by someone else. Maybe even a family member. This is a surefire way to pass on the problem to more generations. If you take him to a therapist and its reported, they are a manditory reporter. The police will be notified. If the police and social services find that the family knew and did not call authorities they will open themselves up to failure to protect charges.
Hard as it is, a twelve year old is old enough to take some responsibility. And if he is not treated for being an offender (regardless of the legal situation) by a program targeted for it, he is primed to keep offending. Boys who are molested have a high chance of molesting if its swept under the carpet. With proper treatment for sexual abuse, and finding the roots of it and helping them, he is already primed. Hiding it in the family is just going to make sure it keeps happening.
Girls mollested tend to seek out users, if they see themselves as violated. This is why it is equally important for her to recieve qualified treatment.
Note that seeking treatment will require authorities to be called so the right action was taken.
The parents need to get a good lawyer to represent themselves as well.
This is a tragedy, and will shake up the family like none can imagine, but he did it because of a reason and it should not be marginalized by anyone. Stop it now, and learn to see all the red flags which I'm sure someone missed since they are always there. To my thinking this subject should be taught to children and adults realistically with all the red flags so easy to see later so maybe it could be prevented.
There are always posts in Parenting lamenting CPS. I hope when people have the opportunity via voting for increased funding, fundraising, volunteering, etc., that people do whatever they can to improve CPS.
The only possible improvement is abolition. Actual child abuse is a crime and ought to be handled as such, by professionals who understand and respect their constitutional limits--not as an jobs program for otherwise unemployable busybodies.
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and your qualms are what any right thinking parent would have, or guardian in your case. congrats and good luck
