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Questions Answered by Gina Marie Famularo
1 Answer | Asked in Family Law for California on
Q: I rmoved to CA from GA 4 months ago. The father has filed for custody in GA but MN is home. How do I get out of court GA

I am sole provider and he never sees daughter

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 17, 2014

Georgia is the correct state, but the case can be moved.To have the case moved, you need to register the judgment in the state of California and request the court make custody orders in the state of California. The two judges in each state will set up a court date to determine where the case should... View More

1 Answer | Asked in Family Law for California on
Q: How can I get custody of my son back from my mom??

I was arrested at my home because they found methadone in my refrigerator, as I was trying to get clean. They charged me with child endangerment and posession the posession charge was dropped but I had to plead guilty to a M child endangerment. Custody was set to be temp its been about 2 1/2 yrs... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 16, 2014

Of course it will be very difficult to get your child back. You were convicted of child endangerment. You will need to jump through many hoops before the court will ever trust you again. If you and the childl live in different states, it will be even more difficult. Begin interviewing lawyers and... View More

1 Answer | Asked in Family Law for California on
Q: If a child is 12 years old doesn't she have the right not to see her father if she doesn't want to?

The mother is primary custody and father see her every other weekend. The daughter doesn't want to see him anymore. Will he still have to pay child support if the child doesn't want to see him anymore?

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 15, 2014

A child age 12 is usually too young to decide whether she wants to participate in visitation. She will probably have some say in her visitation schedule, however, the court will want to know why she does not want to go. Is this based upon a well reasoned decision? Is this because of parental... View More

2 Answers | Asked in Family Law for California on
Q: My husband wants a divorce. He is living in another state and we have a child togwther under 2. Looking for advice

Need to know what forms and if i can get this done cheaply? Or free?

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 15, 2014

If you have limited funds to complete a divorce, you can do the process relatively cheaply by going through a paralegal, an attorney is generally only needed when you need to go to court or you have a complicated divorce with lots of assets. Paralegals are at least half the price of an attorney.... View More

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1 Answer | Asked in Family Law for California on
Q: There's a court order I'm paying child support already and I picked up another job can they take money from second job?
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 14, 2014

Yes. If the court order is not enough to satisfy your support obligation, support can be garnished from both jobs. Furthermore, if you have additional income, even if it is overtime income, if the custodial parent takes you back to court, your support will go up based upon that additional income.... View More

1 Answer | Asked in Family Law for California on
Q: in ca when does the court aquire jurisdiction in a divorce proceeding
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 13, 2014

Assuming the case is properly filed in California, the court acquires jurisdiction over the petitioner upon the filing of the divorce. Assuming the Respondent is a resident, the court assumes jurisdiction over the Respondent once he or she is personally served.

1 Answer | Asked in Family Law for California on
Q: I pay child support and my ex wants me to pay half of an overnight field trip for my daughter. Do I have to pay?

I pay a good amount of child support and my ex wants more for school lunches and field trips. She has been on disability and now can return to work but hasn't because she doesn't want to work. Do I have to pay extra?

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 13, 2014

Legally, no. Child support is money paid to cover all expenses while the child is at the other parent's house. This includes food, clothing, and extracurricular activities. If you choose to pay half the cost of the trip, the money would be a gift, and not paid out of any legal obligation.

1 Answer | Asked in Family Law for California on
Q: lhow do I go about getting custody

father just recently got burned real bad and is fighting for his life he was making hash oil and is now facing legal trouble child went with his father how do I go about getting my son I got joint custody but because the father let my son I believe the girlfriend is his mother and I'm just a... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 12, 2014

Go into court by yourself if you cannot afford a lawyer and ask for sole custody based upon the facts you just described.

1 Answer | Asked in Family Law for California on
Q: Procedural questions in a Contempt Case….

1. After a contempt motion is personally served on the citee, can subsequent subpoenas and other filings be served on the citee's attorney, or by substitute service to the citee?

2. When a citee is subpoenaed to provide documents, emails and other "things", can they refuse if... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 11, 2014

Judges hate contempt actions. If you are attempting to prosecute a contempt in family court, there is something very wrong with this case. The first question I have is, why do you believe a contempt is necessary? Perhaps you should explore other options before proceeding.

1 Answer | Asked in Family Law for California on
Q: When you subpoena emails or cell phones of a minor children, do you subpoena? The child? The primary custodial parent?
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 11, 2014

If you would like to subpoena communications, the account holder would have control over those records, meaning the person paying the bill. That would usually be the parent of the child.

1 Answer | Asked in Family Law for California on
Q: How can I take custody of my son and move to a different state?Not married
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 11, 2014

Not enough information to answer the question provided, the answer is it depends on the facts. Does Dad have any involvement? Is he on the birth certificate? It is always dangerous to move out of state with a child without a court order. Seek legal advice before doing so!

1 Answer | Asked in Family Law for California on
Q: IF CHILDREN ARE BORN OUT OF WEDLOCK DOES THE MOTHER HAVE FULL CUSTODIAL RIGHTS ?

MY FOSTER DAUGHTER IS IN JAIL BECAUSE OF A LIE, SHE WANTS ME TO HAVE THE KIDS WHILE SHE IS THERE, THE KIDS ARE BORN OUT OF WEDLOCK AND THE FATHER IS NOT A CITIZEN HERE DOES THE MOTHER HAVE FULL CUSTODIAL RIGHTS AND CAN SHE SIGN THE CHILDREN OVER TO ME SO THAT HIS FAMILY DOES NOT LEAVE WITH THEM ?

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 10, 2014

So long as e child is born out of wedlock and the father is not on the birth certificate, the father has not established rights to the child. The mother at that point would be the only one with custodial rights. Depending upon how long the daughter is in jail, she can leave the baby under your... View More

1 Answer | Asked in Family Law for California on
Q: My wife's father has just started paying his back child support for her. Does the money go her or her mother?

My wife is 23, and didn't have support from her mother to begin with and we just want to make sure it doesn't get spent frivolously.

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 10, 2014

The money goes to your mother-in-law. It is to compensate her for all those years she paid for and raised your wife without any financial compensation from your father-in-law.

1 Answer | Asked in Family Law for California on
Q: My son is with his big brother and now big brother wont give me my son back, what do I do
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 10, 2014

Go pick your son up. You are the parent. The brother has no legal right to keep him. Call the police if you have to. However, you should probably ask yourself, why is Brother doing this? Does your son want to come home . Is there any abuse in your household. Perhaps you should examine the situation... View More

1 Answer | Asked in Family Law on
Q: Hi.. Do i need to get a consent if im gonna bring my baby to california? Me and my boyfriend are not married yet..

Me and my boyfriend are not married yet..and i want to bring my baby to california

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 9, 2014

There is not enough information to answer this specific question, but generally speaking, yes.

1 Answer | Asked in Family Law for Georgia on
Q: If I have primary custody and my ex wants to take the kids out of the country for a vacation, what do I need to do?
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 9, 2014

Do you agree with the decision? If yes, sign the proper documents. This includes obtaining a passport for the children and providing your ex a notarized letter authorizing travel. If you do not agree, do the children already have passports? If so, who holds them? If you do, do not release them. If... View More

1 Answer | Asked in Family Law for California on
Q: Do judges in California have a basic guideline to determine what amount of time is considered 50% in custody agreements?

My ex and I have a pre-arranged mediation that was set up when my daughter was 2 yrs old. Now she is in grade school and I have her only during the week while she attends school (Sunday evening through Friday morning) They get every day off and weekends. Is this considered 50% custody?

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 8, 2014

It sounds like a 60-40 split depending upon what happens during the summer and the school holidays.

1 Answer | Asked in Family Law for California on
Q: Does a contempt of court proceeding stop all other ongoing proceedings in a specific case (Family Law, California)?

I have a pending RFO with a scheduled hearing date regarding a custody issue. A contempt of court issue has since developed. If I file a motion for contempt now will the custody hearing still proceed on the date currently scheduled? Or does the contempt need to be resolved before the custody... View More

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 8, 2014

If the contempt action is concerning custody or visitation, the court will typically continue any pending custody matters until the contempt action is resolved.

1 Answer | Asked in Family Law for California on
Q: What should i take to court. For me to be able to get fu custudy of my kid
Gina Marie Famularo
Gina Marie Famularo
answered on Oct 7, 2014

If you believe you are entitled to full custody of your child, you must provide information to the court why the other parent is a DANGER to the child.

1 Answer | Asked in Family Law for California on
Q: I live in California I have court order my daughter is already 19 my son is 16 their father threatens to cut childsuppor

But my son is in sports it's more expensive now that he is a teenager also the father has declined to pay health insurance when it was court ordered .

Gina Marie Famularo
Gina Marie Famularo
answered on Oct 7, 2014

Child support in California is paid until a child is 18 years old and a high school graduate, or until age 19 years if still a full-time high school student. Thus, child support for your daughter has already terminated by operation of law. As for your 16 year old, if your support order is a few... View More

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