She can. The forms for this type of case contain a box you can check if the child in question is not born yet. As a terminology thing, though, your SIL is not filing for custody in that she is seeking custody, but rather she is filing to establish support. The father's custody and visitation... View More

What property is and is not his as well depends on what you or he or the court determine to be the Date of Separation. I'm sure you'll argue that that date in 1989 was the date of separation (namely, you believed the marriage was over and acted in a way consistent with that). He may try... View More

If your final check had the extra 7 hours on it, then you may have a lawsuit for them paying late, but the damages there may be very small. I am unclear on whether your final check did include the 7 hours -- you say it did, but then you said you didn't negotiate it.

In general, every... View More

A person is free to leave their property to whomever they wish in their will, regardless of where they live, what country they are citizens of, etc.

Your question is confusing on this point, but if the husband did die overseas, then the first question is whether he had a will. There is no... View More

You probably can't stop the support b/c your kid lives with you 90% of the time, as opposed to 100%. Time spent is one big factor in determining child support so if the current support order is out of date in some way (e.g. it assumes you have 50/50, etc), then you should get the support order... View More

It depends what you allege Uber did wrong. If this was the first time the driver had a stroke, then you'd have a harder time doing it as Uber didn't know before hand that this was a risk. However, if Uber did know that your driver was prone to strokes and still allowed him to drive, your... View More

The precise answer here depends on what residency requirements Arizona has for divorce cases. In general, each state will have requirements you have to fulfill before you can file for divorce there. California's requirement, for instance, is living in California for the 6 months preceding the... View More

It depends on what your concerns are. You can remain with your husband, although you may have to get married again. If you don't want to, an annulment may be an option as well.

The more complicated part of a situation like yours relates to children and property rights since both... View More

Your son should see a lawyer to determine his options. Ali is correct in that California presumes a child should have frequent and continuing contact with both parents. Enforcing that right can be complicated, however, particularly in cases where the mother and father's romantic relationship... View More

Yes. If you or your wife caused an accident where either property was damaged or injuries resulted, either of you can be sued. The fact your wife was drunk at the time may make your defense more complicated.

He can certainly try, but it will be a matter of proof. He'll need to prove that you can't take care of your daughter b/c of your seizures or b/c of any other reason. You should be prepared to prove that he's motivated not by a desire to take care of his daughter, but because... View More

Sure. However, if you want to make it so that your new house is not dragged in to your divorce as an alleged community property asset, you should make sure your house is completely purchased with separate property. Doing that is not difficult, but it is too involved to be explained via an internet... View More

Overtime is not guaranteed for most people, but if you receive it often enough, it is essentially guaranteed. A common practice is to look at the payor parent's overtime over the last 6 months or year to determine the average overtime earned per month. If you work less overtime now compared to... View More

I'd say no. However, what ultimately matters is what date your notice expires on. The notice you received (e.g. 3 day, 30 day, etc) fixes the amount of time you have to vacate the premises before an eviction lawsuit is filed against you.

Yes. In California, a corporation has to be represented by a lawyer in order to participate in any sort of litigation. The facts of your case will determine who the real injured party is here, although it sounds like it is your corporation. If that is indeed the case, then simply removing... View More

You're going to have to deal with this case in California since your child lives here. You don't have to move here for several weeks or anything while the case goes on, but I would prepare to come to California for a few days (e.g. sock money away, etc) just in case the judge orders it... View More

It depends on what your landlord is willing to agree to. A 30 or 60 day notice serves two purposes - giving the tenant time to find a new place and giving the landlord time to find a new tenant. If the landlord has found a new tenant already, then your landlord may not want you back.

Go back to the court that ordered the father to have full custody and ask for whatever custody or visitation is appropriate for your situation. I have to phrase it like that b/c what you should ask for depends a lot on things like, what you were in prison for, what other criminal history you have,... View More

Without knowing more about the specifics of your particular case, I can't comment about whether the judge's decision in your case was correct or not. However, in general, it is permissible for a family court judge to order that a parent can or can't drive the children. It happens all... View More

In general, no. When anyone works in California, they have to get paid for every hour at whatever wage was specified. If there was no wage specified, then the worker has to receive at least the minimum wage for every hour worked. There are rules for when paychecks have to be distributed, but it can... View More