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Questions Answered by Mike Darlington
3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

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2 Answers | Asked in Family Law for California on
Q: Im a mother and I want to file to terminate guardianship but have misdemeanor warrants in that county will that come up

Its been 6 years now that her grandparents filed for and where granted guardianship i want it terminated but the misdomenor warrants hold me back can i file without taking care of the warrants

Mike Darlington
Mike Darlington answered on Jul 5, 2020

You can file, but there is almost no chance you would be successful. Get up this Monday and start working on your warrants. You may take some lumps to clear those up but if you really want your kids back you will do anything you have do to make that possible. The longer you wait the harder it is... Read more »

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1 Answer | Asked in Family Law for California on
Q: Is it legal for CPS to remove my children from my custody because I tested dirty for marijuana. Im in Fresno CA

The mom gave birth and tested dirty for meth , I was unaware. Upon finding out at the hospital I didn't let her come back to the home. Social worker asked if I was willing to test and I did. I came back positive for marijuana. In California it's legal for recreational use. And I thought... Read more »

Mike Darlington
Mike Darlington answered on Jul 1, 2020

Yes, you should definitely get an attorney. There is something missing from your story and you need to sit down with a professional who can sort through all of the facts.

2 Answers | Asked in Family Law for California on
Q: My sons father is threatening me saying that if our son happens to get COVID that he will take him from me for a long

Time and take legal action. Can he say that to me? Is that allowed

Mike Darlington
Mike Darlington answered on Jun 23, 2020

To answer the question you asked, he can certainly say that to you people are allowed to say any dumb things they want. That does not make the statement true.

The courts are taking cases involving the coronavirus crisis on a case by case basis and not giving exceptional orders at this...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?

Mike Darlington
Mike Darlington answered on Jun 22, 2020

That's really a question for an attorney in Idaho. However, you should contact a California attorney before you move to make sure you are doing so legally.

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2 Answers | Asked in Family Law for California on
Q: Is there a way to make my children mom allow me to see my children without going to court
Mike Darlington
Mike Darlington answered on Jun 21, 2020

No. If she is refusing you time with the children you will have to get a court order for specific periods of time with the children.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hello, I want to make a mutual legal agreement/document with my spouse. Do I need a family lawyer or a mediator?
Mike Darlington
Mike Darlington answered on Jun 17, 2020

You should use a family law attorney. An agreement outside the court in a mediator's office has no legal significance until approved by the court.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California

If I have finished transfer the money in my bank account to someone else under their title to minimize the amount of money split with my wife when divorced and I want to file a divorce after that, how long does it legally take for the transfer to take place so that if the divorce is successful, the... Read more »

Mike Darlington
Mike Darlington answered on Jun 15, 2020

It's probably not the best idea to go on a public bulletin board and declare that you are going to defraud the judicial system and cheat your wife out of what is at least half hers.

The only advice I can give you is to do the right thing and be fair to your former partner; otherwise,...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My son lives in ca. His x lives in wa. State with 3 kids theres no parenting plan how does he go about getting custody

He gives her money just about every week, she's allowed them to come visit twice, shell tell him they can come again and now won't let them, he feels bad and doesn't think hell be able to get custudy of them the oldest isn't his but hes raised her from birth and he doesn't... Read more »

Mike Darlington
Mike Darlington answered on Jun 11, 2020

If mom and the three kids have lived in Washington for more than six months that state will have jurisdiction of the custody issues with the kids.

That being the case you should consult an attorney who practices family law in Washington.

1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
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1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Can a judge grant child custody and visitation to a man who has never seen my child due to restraining order?

I had a child with a man who wanted to kill me and the child while I was pregnant. The child is 8yrs old and the man has never seen him due to restraining order from me and my child. The restraining order ended in 2017 and I never bothered to renew it because I moved and thought I won’t deal with... Read more »

Mike Darlington
Mike Darlington answered on Jun 9, 2020

Couple of things, first, do not send anyone to court for you other than a lawyer. A layman cannot represent your interests. Second, you need to sit down with a professional that handles family law cases in the court where the case is filed. Third, if you have not already done so you need to get... Read more »

1 Answer | Asked in Family Law for California on
Q: My ex filed a Request for Judicial Notice . She has been found in contempt. What exactly is she trying to do?

I filed a contempt for order against my ex because she violated a court order. She refused to drop off my daughter and kept her. The next day I filed the order. Tomorrow is our court date, and today she filed a request of Judicial Notice. What exactly is she trying to do?

Mike Darlington
Mike Darlington answered on Jun 8, 2020

A Request for Judicial Notice is merely asking the Judge to take notice of some document, filing, article, most anything she wants the Judge to be aware of and accept into evidence. A proper Request for Judicial Notice should contain a description of what she is asking the court to take notice of... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Child custody psychological evaluation results

My ex was ordered to undergo a psychological evaluation. He is not willing to sign the consent form giving me access to the results. I’m in pro per. The evaluator said he typically sends one copy to each party and one to the judge. Can the judge make him consent? Knowing his diagnosis is... Read more »

Mike Darlington
Mike Darlington answered on Jun 8, 2020

Since it was a court ordered exam the Judge can order that it be released, even without consent.

1 Answer | Asked in Family Law for California on
Q: Can I deny A visit if the fathers planning to keep child longer and has provided itinerary because I denied time?

We have an order in place. I violated the order denying time now the father wants to make up time since he hasn’t had a spring break with our daughter but I don’t want him to make up that time.

Mike Darlington
Mike Darlington answered on Jun 8, 2020

If there is an order in place designating certain time to the father you need to follow that order until the court modifies it. While it is probably not in the order that father would get make up time, if he went back to court he would could get it unless you have a very good reason for denying... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I want to change custody and visitation with my EX.

What are my next steps to deal with this legally ? I have tried talking to him and solving it on our own but he has stopped accepting my call. Even when I go to see my son he is always there. I'd like to spend time with my son without being chaperoned. And i'd like to have at least... Read more »

Mike Darlington
Mike Darlington answered on Jun 8, 2020

In order to change custody/timeshare of your child you would have to file an FL-350 requesting modification of the current orders. This should be filed in the same court as your custody orders. You will need to be specific as to what type of orders your are seeking and the reason the court should... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello good day I have a question can I take my child out of state on vacation if I let the other parent know what dates

Back and were we are headed to and he says no I did text him and have all the text between us. I told him it will only be for 2 weeks we don't have any orders in place can he say I abducted our child even though I said only for that amount of time

Mike Darlington
Mike Darlington answered on May 29, 2020

That would depend on the terms of the custody/timeshare orders in place. You need to read them very carefully to determine what time you are allocated for vacations, if any, any restrictions on destinations/travel, and notice provisions. Such as requiring advance written notice. If you are... Read more »

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2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can the judge separate me and my boyfriend if there was domestic violence with kids involved ?
Mike Darlington
Mike Darlington answered on May 29, 2020

Like the prior gentlemen I also think you should be sitting done with a professional to discuss these issues so any advice can be tailored to your specific needs. However, I think this is the proper forum for discussion of these general issues as long as no confidential information is posted. I... Read more »

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1 Answer | Asked in Family Law, Juvenile Law and Social Security for California on
Q: can my father refuse to give me my social security benefits until I’m 18 even though he kicked me out?

months ago I was kicked out,my father didn’t really care but I didn’t tell them where I was going so my fathers sister reported me missing. I still had the missing person report even though everyone including my dad knew where i was at. we got that resolved and both of them stated it was fine... Read more »

Mike Darlington
Mike Darlington answered on May 25, 2020

Call or get online with the Social Security Administration; explain the situation to them and they will head you down the right path. May be a slow process but just take one step at a time and don't lose your patience.

2 Answers | Asked in Family Law for California on
Q: I want to know If I file for a legal separation , can I seek Income from my husband?
Mike Darlington
Mike Darlington answered on May 22, 2020

You are, I assume, asking about spousal support. In a legal separation you have all the same rights as you do in a divorce action; except you cannot dissolve the marriage. Consequently, you can seek spousal support. Being able to seek it though may be different than being awarded it. That will... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How can a mom get child support but lives in a two person income household, & I struggle as a single dad to pay?

I have 4 kids. 2 by 1 mom & 2 by another mom. The 1st mom wants child support even though she lives in a household with a new partner who she has lived with for over 8-9 years, has 3 more kids with, & only refuses to marry him so she can collect more child support from me. While I struggle... Read more »

Mike Darlington
Mike Darlington answered on May 19, 2020

Actually, if she were to marry him it might increase your support. New spouse's income is not disposable to payment of child support. The only thing a new spouse's income does is put mom's income in a new tax bracket so she nets less income for the child support calculations. The... Read more »

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