Mother keeps moving when I file anything through the courts. I have been paying for 4 years, will not cooperate with me and I have no clue where she lives.
answered on May 5, 2015
You need to see an attorney. This is not something you will be able to do on your own. Is this a Department of Child Support Services case? If yes, you can obtain address through them. Also, if child support has been ordered, the court has personal jurisdiction over your ex. You need help. This... View More 
We do not have the money for a California attorney. In Oregon if you do not have an attorney, and the case deals with custody of your child and rights as of when you see them, is your child provided an attorney?
answered on May 1, 2015
Not usually. In California, there is no right to a free attorney for family law matters. The court can appoint an attorney for the children in high-conflict cases, but the attorney will not work for free. The parents will be required to pay the fees of minor's counsel.
answered on Feb 18, 2015
No. A divorce takes a minimum of six months. The time begins to run once the initial documents are filed and served. This does not mean that the parties cannot enter into a judgment earlier than that. It simply means the parties cannot remarry before the minimum six-month waiting period has... View More
answered on Feb 16, 2015
Yes. If your new wife wants to adopt your children, you will first have to terminate the rights of Natural Mom. In order to do that, you must have a valid legal reason to do so. The most common reason is by far abandonment. This would require Natural Mom to have had no contact with the children for... View More
Both parties were working professionals during the marriage. Stbx has drug/alcohol/mental health issues and refuses to work since the separation and has been uncooperative and obstructive to the process, which has been ongoing but not even gotten to the preliminary settlement discussions over a 2... View More
answered on Jan 31, 2015
If he is a professional, you should consider requesting the court order a vocational evaluation of Husband to determine his earning potential. If the court finds Husband has the ability to earn money, this will limit the amount of support you need to pay him. After completed, set the case for... View More
answered on Jan 22, 2015
Where does your daughter live? If she has lived here for six months or more, California is the proper place to sue for custody. You do not state where you live or what the basis for the custody request would be. It would depend on the age of your child, what state you live in, and whether you pose... View More
He got arrested for meth, and I served him his custody papers in jail
answered on Jan 21, 2015
Ask for sole legal, sole physical custody of the children. Ask the court to award dad supervised visits only.
I had no knowledge of this either til she came back without our sons..We are married and living together.
I have visitation rights signed by court
answered on Jan 20, 2015
Child Support and visitation are not connected. The court cannot suspend your visitation just because you cannot pay support. However, if you lose your job and cannot pay support, you should immediately file court papers to modify your support. You still owe support even if you do not have the... View More
I have a support order stating $xxxx.xx a month for child support for 3 children. It is not broken down per child, and over time 2 of the children turned 18 and the ex-never filed until now to change it. He was failing to pay the stated amount and now we are going back to court and his attorney... View More
answered on Jan 17, 2015
Some orders are final when the divorce is final and cannot be changed. Orders regarding property and debts can rarely be changed later on. Orders concerning custody, visitation, and child support are always modifiable.A party can always go back to court and ask that these orders be changed, no... View More
We have had no contact with my ex for 4 years. My husband is the only father our son has ever known. Our son is very upset that he doesn't have my husband's last name (he currently has my last name) and gets very upset when anyone tries to say my husband is not his dad. My biggest concern... View More
answered on Jan 7, 2015
The only way to remove the biological father from the birth certificate is through adoption. If Bio Dad has not had contact for one year or more, he has legally abandoned your son. You can terminate the parental rights of Bio Dad and allow your husband to adopt your son.
My son is now 8. my son doesn't know his biological father and sees my now partner as his dad. I would like to legally get full custody of my son in case he comes back to the U.S. and try's to claim him after all this time. Can I get full custody? And how?
answered on Jan 5, 2015
You can get custody. It depends who is on birth certificate and whether you can find bio dad. If you are planning on marrying, an adoption may be a possibility. Seek legal advice.
Hep C is a potential sexually transmitted disease with little chance of cure. He assured me he had been fully tested and was completely disease free. We've been married 2 yrs.
answered on Jan 18, 2015
An annulment voids the marriage, and, in the eyes of the law, the marriage never happened. There is no six-month waiting period like in divorce actions, but a court trial is mandatory even if the other spouse agrees to the annulment. A short marriage is not automatically annulled, and changing... View More
answered on Dec 29, 2014
If your wife filed for divorce, the time to respond does not begin to run until you have been served. Once that happens, you have thirty days to file your response.
my daughter turned 18. I filed for and got order terminating child support. I took order & IWO to employer who took 4 months to process so I paid 4 months I didn't have to. I want this money back.
answered on Dec 20, 2014
You are going to have to file a request for order with the court. Your ex is responsible for refunding the money to you. You will need proof the child turned 18, proof the child is no longer enrolled full-time in high school, proof the employer deducted the money, and proof you attempted to stop... View More
i took some agreed items that she says did not. so she change the locks, an i got back in the house an changed them back. she to call cops and get a retraining order.
answered on Dec 18, 2014
If you are both staying in the house and no one has vacated the premises, neither one of you can change the locks on the other. However, if someone has a restraining order against you, stay away. Otherwise, you will be arrested!
I filed ex-parte for custody of my three children and after our hearing my ex filed exparte in her county. Can she legally do so?
answered on Dec 9, 2014
It depends. What is the ex parte for . Who is it against? What type of case is it? Are the two cases the same request against the same person? If yes, the court will not look kindly on the duplicate filling and will typically transfer the case back tot the original county with an admonishment to... View More
FATHER AND MOTHER WERE IN CAR ACCIDENT. MOTHER PASSED AWAY AND FATHER WAS IN A COMA FOR A MONTH. MATERNAL GRANDMOTHER HAS HAD HIS CHILD SINCE AND IS REFUSING TO ALLOW ANYONE TO VISIT OR PICK HER UP. SHE DOES NOT HAVE LEGAL CUSTODY OR GUARDIANSHIP OF CHILD.
answered on Dec 2, 2014
Go pick up the child. You do not need a court order. You are the parent. If grandmother refuses call the police.
they figured the amounts that i was going to pay per child, but for some reason when they gave us the final order it wasnt added. i didnt checked it until i thought i was done paying for my son, since it states there that i would payed it until he reached 18 or finished high school. contacted... View More
answered on Nov 25, 2014
If the child support does not specifically state how much you are to pay per child, you owe the entire amount of child support each month even if one of them is now 18. You must file a Request for Order to modify child support in order to have your support readjusted. The onus is on you to modify... View More
He also does not pay me any child support because during our divorce he was unemployed. He now makes a decent living. Can I revisit the child support issue in court so I can get the support I need for him? Again, we have 50/50 custody.
answered on Nov 24, 2014
Certainly not easily. In order to be allowed to move to Texas with your child, he will have to request the court order a child custody evaluation and convince the child custody evaluator that it is in your son's best interest to leave his friends, his mother, his extended family, his house,... View More
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