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answered on Apr 20, 2024
Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More 
if i text them to take me away form my home to their house could they face legail consequences
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answered on Apr 18, 2024
In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More
until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.
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answered on Apr 18, 2024
Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More
During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:
1) Retroactively from the time the income changed,... View More
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answered on Apr 18, 2024
Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:
1. Retroactively from the time the income changed: Generally,... View More
I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.
"The Court therefore finds that... View More
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answered on Apr 17, 2024
When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More
Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
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answered on Apr 17, 2024
Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:
1. The length of the marriage
2.... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
answered on Apr 17, 2024
"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
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answered on Apr 17, 2024
In California, custody decisions are made based on the best interests of the children, not solely on the size of each parent's home. Courts consider various factors when determining custody, including:
1. The children's ages and health
2. Emotional ties between the parents... View More
She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More
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answered on Apr 16, 2024
I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:
- Even without a formal court order, both legal parents have equal rights to their... View More
Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.
Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??
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answered on Apr 15, 2024
I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.
Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
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answered on Apr 14, 2024
I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More
My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More
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answered on Apr 11, 2024
Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
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answered on Apr 10, 2024
In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:
1. Establish paternity: If you haven't already done so, legally establish... View More
I don't want to get stuck with paying child support. I want to take care of my kids.
answered on Apr 10, 2024
The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More
I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More
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answered on Apr 6, 2024
As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:
1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for... View More
I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More
answered on Apr 6, 2024
It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More
I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More
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answered on Apr 3, 2024
I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:
1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who... View More
My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she... View More
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answered on Apr 2, 2024
Cases involving minors, sex offenses, and custody are very complex legal matters.
That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex... View More
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