Tuesday, June 28, 2005

NOTICE REQUIREMENTS FOR MINOR SETTLEMENT

Had an interesting experience today in Probate Court. There to get Guardian appointed and have settlement approved for minor in a med mal case. Minor's mom has addiction issues, is estranged from child and hasn't seen him in 10 years. Dad, who never married mom, hasn't been around for 15 years. Grandma, bless her heart, adopted the child and has given him a good life. I simply assumed that in light of these circumstances, that mom and dad weren't entitled to notice of the proceeding. WRONG! I learned today that under the Probate Act[yeah, probably should have read that] unless a parent's rights have been officially terminated, that parent is entitled to notice. Thankfully adoptive mom is very organized and keeps good records. She had a copy of the adoption order from 10 years ago which provides that the parents' rights were terminated. The judge agreed to accept that order, which meant tthat I didn't have to go searching for a 15 year old order in some warehouse over in the Juvenile Court Bulding basement. Dodged a bullet there.

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