If a contract can be rejected by one of the parties on legal grounds, it is called a voidable contract. A voidable contract is valid and binding unless the entitled party (the party who has legal grounds to reject the contract) voids it. A defect exists. The defect may be cured by ratification of the entitled party.
The three basic components of a contract are the offer, the consideration and the acceptance. The following are six elements that are to help to determine whether or not the basic components are present and meet legal criteria for a valid contract:
1. All parties must have capacity to enter the contract.
2. An offer must be made.
3. Consideration must be exchanged.
4. The parties must be in mutual agreement.
5. The contract's object and purpose must be legal.
6. The form of the contract must meet the legal requirements.
Capacity to Contract
The ability to know and understand the terms of contract is known as capacity. For a contract to be valid, all parties must have capacity. Corporations and most adults have capacity. Minors, mentally incompetent persons and those who are intoxicated do not have capacity.
You will need a lawyer to help you here, but if you signed a contract while under the influence, it may be voidable.
2007-12-24 06:34:18
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answer #1
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answered by Peter B 2
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I'm no lawyer, so this is just my thoughts.
I would recommend that you get your life VERY together, as in you stay clean for at least a year, you hold down a job at the same employer for that amount of time, you show lots of progress in your life. That means you pay your bills on time, maybe you're enrolled in college courses or at least get your GED if you haven't graduated high school. You don't have ANY run-ins with the police - no noise complaints, no speeding tickets, no shoplifting charges, and definitely nothing drug-related. Any outstanding issues, like bench warrants or unpaid tickets, need to be dealt with and put behind you. Your income tax returns are filed on time, and your taxes paid. Your credit cards are nowhere near maxed out.
The idea is to have overwhelming evidence that you have turned your life around. If you go to the judge and say that you've been pretty sober for a month now, and he finds there's a bench warrant out for you, you'll set your case back at least 6 months.
And then you start by asking for visitation rights, maybe a day every 2-3 weeks, and supervised. Then work your way up from there.
Sounds hard? You bet - but only you can say if it's worth it.
2007-12-24 14:27:32
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answer #2
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answered by Ralfcoder 7
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Call an attorney and ask about your right to appeal. If the children have already been adopted out, then it's probably too late, but you may be able to get some Open Adoption visiting rights if the adoptive parent agrees. If the children have not been adopted, you may be able still to work with a social worker to get them back.
2007-12-24 14:22:45
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answer #3
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answered by Brigid O' Somebody 7
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Depending what state, possession is 9/10 of the law, they will not remove them unless there is a valid reason, if not your looking to wait until they can decide for themselves which can be anywhere between the age of 12- 13 depending once again on which state.
2007-12-24 14:24:50
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answer #4
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answered by krennao 7
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>> I need them home <<
You will have to go to court to petition to change custody. The court's decision will be based on what is best for the kids. Your needs are essentially irrelevant.
2007-12-24 14:25:43
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answer #5
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answered by Anonymous
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You mean your kids?
I'd get a lawyer to handle it for you, but you probably can just petition the courts on your own if you'd like.
2007-12-24 14:20:28
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answer #6
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answered by A W 5
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Get a lawyer, but I gotta tell you that you're facing an uphill battle.
2007-12-24 14:20:15
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answer #7
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answered by Freethinker 5
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You will need an attorney.
2007-12-24 14:34:24
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answer #8
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answered by notyou311 7
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