This is a good question. A lot may depend on other circumstances. If Husband is in a significantly better position than Wife, a Court might try to find a way that this is community property. It would be important to research the case law to see if this issue has been addressed before. One way... View More

He does not have legal grounds because it generally is against the law in California to remove one's child from school early. You ought to file a motion with the court to define what the custody schedule is, or should be, now; and, assuming you get custody, to get child support.

No, not as to ownership rights. It is possible, however, that your husband could be awarded temporary possession of the house until the divorce is over, but only if he knows to ask the Court for it.

If you filed a request for order ("RFO"), absent a more specific order from the Court, the other side's responsive pleadings are due nine court days before the date of the hearing. "Court" days are different than calendar days.

This is a broad question, but I would start off with whether you are still living together and whether there have been any allegations of, or actual incidents of, domestic violence. If you are not living together, who are the kids primarily with and who is the high earner? Have you or your spouse... View More

You do have rights, particularly in the area of spousal support. I handle cases all over the state, but if you want someone based out of Fresno, contact Rhonda Murphy @ 559-497-5555, email murphylawfirm22@gmail.com. I've known her for over 28 years and have worked with her before.

No, you can just file a regular divorce. In fact, based on the facts as you relayed them, that could be your only option.

Probably yes. Under California Family Code section 3042, a person age 14 or older has the right to "address" the court. That doesn't mean that the court has to do what the child wants; the court still has to evaluate the maturity of the child, the nature of what he or she is asking... View More

If the case was actually dismissed by the court, you may file in any California county provided that you have lived in California for six months and that county for three months (or your husband has). If the case has been abandoned, or if the case for some other reason was not formally dismissed,... View More

By law, the person who has the child more than 50 percent gets to claim the child as a dependent, unless the parties agree otherwise and fill out the proper government form to formalize their agreement; or a judge orders the party who would otherwise get to claim the child to fill out the form so... View More

It is not necessary to file an income and expense declaration when filing for divorce.

Assuming the parties live in California, a petition for divorce could be filed here. If your mother files for divorce, there could be an issue as to her mental competence, but usually the party challenging competence loses except in extreme cases.

Of course, nothing prevents you from... View More

This one could go either way. You'd have to look at what he was earning working full-time. If it was a substantial sum, a judge might "impute" the income that he was earning. But to do that, the judge should first find out what his abilities are and whether there are... View More

It depends what the court order says. Where are you writing from? Are you trying to file for divorce?

I would need to see the proof of service to see if there was valid substitute service. Generally, in California, the rules are that three attempts have to be made at the address to serve you personally. The attempts must be made at different times. For the fourth time, the server must give it to... View More

If there is an existing child support order, it will be enforced for the past months even if he wasn't working. In other words, he needs to file a motion to modify child support if he wants to lower it. In DCSS cases, the judge has a lot of options. For one, he or she can "impute"... View More

You need admissible evidence of his ability to do certain types of work and additional evidence that there are openings in the geographical area where he lives that match those abilities. Also, you need evidence as to what those jobs would pay. You may be able to point to his prior job or jobs... View More

You could make an ex parte application for the judge to sign the order "on the spot", so to speak, provided that you have one prepared that has been sent to the other party and are ready to submit to court. Or, you could make an ex parte application for clarifying language that the... View More

Until there are court orders (and assuming he's on the birth certificate or that there is no dispute that he's the father), either parent (at least under California law) could take the child. The best thing to do is to file a paternity case in the county where you and the baby are... View More

It sounds like you have a strong case. You might want to ask the Court to either deny his request or to have any limited amount of visitation supervised.