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Questions Answered by Gina Marie Famularo
1 Answer | Asked in Divorce and Family Law for California on
Q: If my ex filed for a divorce in California can she file another divorce in Texas if the case in California is active?

Also can parental abduction be charged against her if she filed the divorce and ive had them the last 6 years she came to visit. Left state and now has left again and won't let mW talk to them? Also I filed a police report when she left.

Gina Marie Famularo
Gina Marie Famularo answered on Mar 9, 2016

I am not sure I am understanding your question. However, if you have had custody of the children and they have lived in the state of California for six months or more, the children are residents of California. If you wife took the children to Texas and won't return them, you need to retain an... Read more »

1 Answer | Asked in Family Law for California on
Q: My wife took my child out of AZ, to CA, and filed for divorce 2 wks later. She does not meet state or county residence

She lied and said she did. The clerk of OC did not notice. How can I let them know she lied for CA jurisdiction purposes?

Gina Marie Famularo
Gina Marie Famularo answered on Feb 8, 2016

You need to obtain an attorney in Arizona and file for divorce there. You need to request a UCCJEA hearing by filing an emergency request in your local courthouse. Good luck.

1 Answer | Asked in Family Law for California on
Q: Can a father get joint custody of a child he has never seen?

I plan to file for child support and her dad has not seen her after numerous attempts to talk to him. And feels like if we do go to court a judge will grant him joint custody even though he is not on the birth certificate

Gina Marie Famularo
Gina Marie Famularo answered on Feb 1, 2016

If you ask for child sport, the typical legal response is to request a visitation order. You did not state how old the child is. By filing for child support, you are establishing Dad's parental rights. Depending on the age of the child, Dad will likely get some sort of visitation plan. The... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: My husband is talking about divorce but I do not want one. I know my husband loves me . Is there anything I can do ?

ie; marriage counceling . Communication classes ect.

Gina Marie Famularo
Gina Marie Famularo answered on Jan 27, 2016

You obviously cannot force your husband to remain married to you or seek the help of a marriage counselor. You may want to go to counseling on your own, though, to see if you can obtain some insight about the situation. You might also want to obtain a consultation with an attorney to determine if... Read more »

1 Answer | Asked in Family Law for California on
Q: I'm getting a motorcycle as a gift is it considered community property I have been seperated 6 years
Gina Marie Famularo
Gina Marie Famularo answered on Jan 24, 2016

Community property is anything that is earned through time, effort or skill during the marriage. If you received the motorcycle as a gift, and if you have been separated for six years, the motorcycle will be your sole and separate property.

1 Answer | Asked in Divorce for California on
Q: If my spouse filed an RFO in response to a default divorce,but hasn't served yet, would I be served if I got them myself

New court date is in three weeks, he is supposed to serve within 16 days, but hasnt.

Gina Marie Famularo
Gina Marie Famularo answered on Jan 22, 2016

Yes, you are supposed to be served. Please do not depend on your ex to serve you, though. If you know about the date, make sure you go to the court hearing. If you still haven't been properly served by the court date, you can always ask for a continuance of the hearing and buy yourself more... Read more »

1 Answer | Asked in Child Custody for California on
Q: My friend was previously denied custody of her girls missed C-date, dad went to prison just now, where will the kids go?

My friend lost custody of her two daughters previously for missing a court date. One kid went to her mother, the other went to her father/ex-husband. The father/ex-husband went to prison for possession of child pornography. Will the daughter go to said friend's mother or will it go to her? If... Read more »

Gina Marie Famularo
Gina Marie Famularo answered on Jan 20, 2016

Your friend needs to immediately consult with and obtain an attorney in Texas. I cannot advise her on the laws of Texas, but in California, she would likely obtain custody.

1 Answer | Asked in Family Law for California on
Q: If child support&custody is ordered in 1 county & now neither parent lives there, where would modification be filed?

The order was originally in San Bernardino County. Now mother lives in LA county and father in San Diego. Father would like to file custody modification. Does he have to do everything in original county?

Gina Marie Famularo
Gina Marie Famularo answered on Jan 19, 2016

You go back to the same county unless someone petitions to have venue changed and the order is granted.

1 Answer | Asked in Family Law for California on
Q: Hi i have a true default case and want to know if i have to put nunc pro tunc? i dont understand it.

so i have true default case up the the FL165 paper filed with ventura county, California... on my FL180 i filled it out wrong i now need to know do i check the box for nunc pro tunc? thank you let me know asap.

Gina Marie Famularo
Gina Marie Famularo answered on Jan 19, 2016

No- nunc pro tunc means that you are asking the court to back date your divorce for some reason. Usually that means that the time for the divorce to be granted has run and someone got married without realizing the judgment was never entered.

1 Answer | Asked in Family Law for California on
Q: I need a low cost attorney to help me see my granddaughter. I am being screwed by my ex son in law who recently got

Married and immediately cut off weekly over night visits I had had for over a year.

Gina Marie Famularo
Gina Marie Famularo answered on Jan 19, 2016

Hello- grandparent visitation is very difficult to obtain, but is still possible under limited circumstances. If you have limited funds, you might want to start by consulting with the self-help center at your local family law courthouse. You might also be able to find an attorney who will give you... Read more »

1 Answer | Asked in Family Law for California on
Q: Hello there, I'm wondering if I can get some advice.

I bought a house 3 years ago and i will be having my boyfriend move in with me in March (we are expecting a baby boy in June)

My question is will my boyfriend have any kind of rights to my house? Also, if things somehow don't work out between us, will he have any rights to my house then?

Gina Marie Famularo
Gina Marie Famularo answered on Jan 19, 2016

Hello- As long as you do not place your boyfriend on title to the house or marry him- it is your house and will always be your house!

1 Answer | Asked in Divorce for California on
Q: I accidentally put the wrong date for date of legal separation. Can I modify that or do I have to refile?

I put 2012 instead of 2015 for our date of legal separation in california. Its exactly 3 years off. How do I go about changing it?

Gina Marie Famularo
Gina Marie Famularo answered on Jan 19, 2016

It depends. If your ex has already answered the pleadings and he or she put the proper date you need to do nothing. You can also amend the pleadings before your ex is served by simply preparing a new petition, putting the word "Amended" near the top of the paper, and refilling. You will... Read more »

1 Answer | Asked in Family Law for California on
Q: What happens if one of the parents gives false info. at court to collect more child support with any supporting document
Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

If one party swears under penalty of perjury and the judge believe him/her, the burden shifts to the other side to disprove the information. Go see an attorney and get a consultation to determine if it is worth the fight.

1 Answer | Asked in Domestic Violence for California on
Q: I have a DV order that I am in process of having lifted and I was arrested, can she go with me to court?

I was arrested after an officer brought her to our mutual home as I was leaving and arrested me for the violation. I have court tomorrow and wanted to know if it would benefit me to have here there to say that she is trying to lift the RO.

Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

Yes it would, but if you were arrested, there may be a restraining order against you and speaking to your wife may be a violation!

1 Answer | Asked in Domestic Violence for California on
Q: How do we get rid of a so-called son-in-law who bullies us (my wife and I) constantly?

He bullies us for any tiniest incident and makes it into a major argument whereby he gets up into our faces (6 inches or closer) and starts to yell. My wife and I (I'm 78 and my 72) are afraid he will do something physical because he has beat his wife (my daughter) in the past. He wants us... Read more »

Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

This sounds like elder abuse. You need to get an attorney as soon as possible to protect you. Get a restraining order. If your son-in-law is living with you (and it sounds like he is), you can kick him out in a day or two. Please do not try to do this on your own. The situation sounds volatile.... Read more »

1 Answer | Asked in Domestic Violence for California on
Q: My boyfriend is in jail for domestic violence and he has priors. Will he do prison time?
Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

He could. It probably depends more on if he is on parole. If he is, it will be a violation. If no, they will likely have him spend a few days in jail and place him on probation.

2 Answers | Asked in Family Law for California on
Q: My husband has just been ordered to pay 1000 a month in child support. We have been paying it with my income included.

We just found out that a step parents income does not need to be included in the state of CA and we would like to modify the support. Are we likely to be able to have the support reduced? I have not yet met his daughter because of the complication of their situation and don't feel that I need... Read more »

Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

If you have a question about child support, your husband should seek a consultation with an attorney. It is common to include the new spouse's income in a support calculation, but that does not mean your husband will pay more support. On the contrary, your included income usually results in a... Read more »

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1 Answer | Asked in Family Law for California on
Q: I have been in another city with my child for about 8 years, had another child and got married.

1st dad may see her once a year, but that is not a guarantee and as of today, he doesn't pay child support (I filed recently). Can the biological father of my first child get legal sole or joint custody and make us move back to the same city he is in?

Gina Marie Famularo
Gina Marie Famularo answered on Jan 18, 2016

No- it is too late. Your ex should have done something many years ago if he wanted to contest the move. He will probably go back to court and ask for more time with his child, though, in retaliation of you asking for child support.

1 Answer | Asked in Divorce for California on
Q: divorce by default with no agreement. my 401A opened when we were married. Will it be divided If he doesnt want it?
Gina Marie Famularo
Gina Marie Famularo answered on Aug 15, 2015

California is a community property state. That means all assets and all debts are jointly owned. However, if the two of you agree, either of you may waive this right. If the two of you were to go to court, the judge must divide the assets and debts accordingly. If you spouse does not want an asset,... Read more »

1 Answer | Asked in Family Law for California on
Q: What should I do if my daughter wants her body back

She is 10 years old ands wants her body back

Gina Marie Famularo
Gina Marie Famularo answered on May 15, 2015

That's a very interesting question. I am not quite sure how to handle that. It doesn't sound like it would be a family lawyer that you need. What about personal injury?

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