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
This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More
answered on Jul 17, 2023
You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More
We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More
answered on Jul 13, 2023
He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the... View More
Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in... View More
answered on Jul 7, 2023
Speaking from the perspective of an attorney who practices in California (which is where this question appeared), location of marriage, citizenship, and/or country of origin of each spouse is not determinative of where you can file for divorce. In the United States, you file for divorce wherever... View More
I have out of state custody orders that will allow me to take my child from California where her mom lives, to Oregon. This needs to be amended due to the disruption to her education and social life if she were to enroll back and forth between Oregon and California every year. My question is that... View More
answered on Jul 7, 2023
If you want to amend/modify existing custody orders you will have to do so in the court where the case is venued. It is not clear from your question whether your case's origin is California or whether it was filed in Oregon. That being said however, I seriously doubt a court would grant a... View More
I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you
answered on Jul 7, 2023
Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results... View More
My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More
answered on Jul 6, 2023
A court order is a court order. It remains enforceable until and unless it is modified. In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of... View More
I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More
answered on Jul 5, 2023
Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment... View More
answered on Jul 5, 2023
You never file disclosure documents with the court, except the declaration regarding service of the PDD. You are also not expect to or required to file an Income and Expense Declaration with the court unless you have filed a motion for some kind of financial relief, such as a request for order for... View More
My spouse has not provided spousal support since we filed for divorce. My past lawyers have not pursued it even when I had asked them. I want to know if I am entitled to it and backpack from the time we filed.
Also, are there options I can ask the judge to put holds on or other options to... View More
answered on Jun 27, 2023
Without knowing any details about your case or the financial aspect of your marriage, it's impossible to say whether your request for spousal support would be granted. I'm curious why your previous counsel did not "pursue" support on your behalf. If you file a request for... View More
I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the... View More
answered on Jun 25, 2023
Depends on the kind of change you want to make. If you want to make a substantive change, for example if you originally asked for joint legal custody in your petition, but now you want sole legal custody, you can file an amended petition. If you originally proposed some kind of parenting plan and... View More
Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any... View More
answered on Jun 22, 2023
When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true... View More
Hi,
my sister has been divorced since 2017. She has physical custody of her daughter and she shares legal custody with her ex. She's moving out of California to Nevada. Does she need to file with the court to take her daughter out of the state? her ex is in india right now, would that... View More
answered on Jun 20, 2023
Depends on what her custody orders say, what visitation rights Dad has, whether Dad is exercising those rights, whether he relocated to India, lives there and therefore does not see the minor child regardless of what the orders say.
Also depends on how old the child is and what she... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
