I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I... View More
answered on Dec 8, 2023
If you are referring to actual court orders (as opposed to an informal written agreement between you and the other parent), you would need a court order modifying your existing custody orders so that you can "move away" with the minor child. You can do this by filing a motion, or by... View More
I need a low cost lawyer that can help me.
answered on Dec 5, 2023
You do not need his permission or consent to proceed with a divorce. You can file the petition and have him served. If he does not respond, you can proceed by default. In terms of finding a "low cost lawyer" - "low" is in the eye of the beholder. You'll need to make... View More
Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?
answered on Dec 5, 2023
Just call the courtroom's clerk and let him/her know that the attachment was missing. You also have the option of obtaining a copy of the stipulated agreement from your mediation and drafting your own Findings and Order After Hearing. But first, just call the clerk. That may resolve your... View More
answered on Dec 1, 2023
Depends on what you mean by “case closed”. Dismissed? Or are you now post judgment? If judgment has been entered, whether you can now ask for support depends on what your judgment says. Was support waived? Was the issue of support reserved? Have an attorney review the terms of your... View More
I am represented by an attorney and my husband is representing himself.
answered on Nov 9, 2023
Before any judgement can be entered by the court, there must be a declaration filed with the court stating that each party served at least there "preliminary declaration of disclosure". There is a Judicial Council form that can be used however, for waiving financial disclosures. Both... View More
He signed our house over to his brother. Lied about the worth of our company. He made me give him custody of our kids. He also started paying me from the company so it would look like we made the same money. We still lived and work together. Now he wants me to move out after leaving me with... View More
answered on Nov 9, 2023
"forced" ?? How? There are ways to set aside a judgment when there is proof of fraud, duress, and/or various other statutory grounds. There is a time line (deadline) for seeking such a set-aside. You should consult with an attorney to find out if you have sufficient evidence to... View More
Our credit card debt is in my name only. I have someone who will pay it off for me but I want to get some kind of judgement that shows he owes me for his half. He does not have any money now but will sometime in the future. Is it possible to get a judgement against him in the divorce?
answered on Nov 3, 2023
Debts incurred during the marriage are community debts, regardless of whose name is on the account. Debts acquired and/or incurred at any time from date of marriage to date of separation are considered debts of the community which are then shared 50/50 between the spouses. The court however, can... View More
Is it appropriate for a superior court judge outside of county where childs established residence is to grant a request for emergency temporary custody orders, ex parte? What constitutes an emergency in this situation? And where should I file my DVRO? In my county where child was removed from? Who... View More
answered on Nov 3, 2023
It sounds like you already have an open/existing case. You say "where temporary order is" - that tells me you have an existing court order. If not, and there is no open case, i.e. no one has filed anything related to this child, then you file in the county where the child lives. You... View More
Mom and Dad’s divorce was finalized in Alaska back in 2022 (dissolution w/ minor). Mom and child moved to California and have been here for one year. Mom would like to file a Motion to change custody orders. Would she need to file the motion in California or Alaska ?
answered on Oct 23, 2023
Mom probably should have filed a request to modify custody in the Alaska case before moving to California. Assuming Mom had Dad's permission to move with the minor to California, Mom should now file a motion in Alaska requesting change of venue to California.
My aunt was operated in April for a bypass surgery and another heart complication, the combined surgery lasted for about 5 hours. The surgeon and team left a sponge behind. The negligence was detected 3 days later when an X-Ray was done. They had to re-open the incision (around 12 inch) to take out... View More
answered on Oct 10, 2023
Yes, your Aunt can sue for the negligence resulting from leaving behind a surgical sponge. This is what is known as a "retained foreign body" case. It's not clear from your question whether the subsequent complication had anything to do with the retained sponge. That's... View More
my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4
months
answered on Oct 9, 2023
Contact the District Attorney's child abduction unit in your city/county. File a parentage action (I'm assuming your ex is not your spouse?) and request custody orders and concurrently file an ex parte application to get immediate/emergency orders for custody, no visitation, and for... View More
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
My daughter was stillborn at 40 weeks in California due to a missed diagnosis earlier in the pregnancy. At my anatomy scan, her abnormal umbilical cord insertion was missed and wrongly marked as "normal." The standard of care is to closely follow growth with more ultrasounds in the case... View More
answered on Sep 18, 2023
It would be wrongful death resulting from medical malpractice. Your problem however is the fact that there is no treatment for abnormal or marginal cord placement. To have a claim based on malpractice, you would have to prove malpractice caused the injury (i.e. your daughter's death). If... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
answered on Sep 5, 2023
Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address... View More
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge... View More
answered on Aug 15, 2023
If she wants to file a motion with the court requesting child support, she can. You can likewise oppose it. You can file a motion to modify your current custody orders so that you get more custody. Sounds to me like they are not well cared for while staying at Mom's residence. Your failure... View More
Through reciprocity I brought back into CalPERS in the 1990’s for my time with Santa Clara County Fire from 1972-1977.
answered on Aug 10, 2023
The community's interest in your pension is based on contributions made during the marriage and the earnings on those contributions. The terms of marriage is from date of marriage to date of separation. All other contributions and earning on the other contributions would be your separate... View More
The attorney representing the plaintiff purposefully and with malicious intent translated my email from Chinese, providing a translation certificate, which was then submitted to the court. Within this translation, she inserted offensive language ("hell") nine times. Additionally, she... View More
answered on Aug 9, 2023
A better plan would be to respond to this submission with your own certified translation with a declaration advising the court as to the incorrect and improper translation. As far as legal action, I would think it would be against the certified translator; not the attorney who retained him/her.... View More
Do I have anything to worry about since she makes more money than me? For example, if next year I make twice as much money as her can she then go after me for spousal support?
I want to avoid responding to the divorce papers because if I ask for the judge to remove the right for either... View More
answered on Jul 31, 2023
There are several statutory factors that are considered before spousal support is awarded and which impact the amount and duration of support. One such factor is the life style to which the parties became accustomed during the marriage. Post separation earnings or increases in earnings generally... View More
We have a temporary emergency custody order in place since my ex-spouse's DVRO was denied due to a lack of credibility. My 3-4 yo child with Autism urgently needs a dental procedure under anesthesia due to cavities, according to our pediatric dentist. I have always brushed his teeth for 10... View More
answered on Jul 28, 2023
Yes, this may very well be a proper basis for seeking an ex parte order. What do you current custody orders say in terms of legal vs. physical custody. Who has legal custody and who has the ability to make medical decision for this child? If you don't have such orders, it is probably time for... View More
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