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Questions Answered by Mike Darlington
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 »

3 Answers | Asked in Family Law for California on
Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?
Mike Darlington
Mike Darlington answered on May 18, 2020

If you are going file it with the court you have to serve the other side. Each court is different though in that some courts do not even allow responses at this time, the exparte is a ruling just on the moving paperwork and no hearing is set. You should check with your local court rules where the... Read more »

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: Do I have grounds to get a temporary restraining order?

My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the... Read more »

Mike Darlington
Mike Darlington answered on May 17, 2020

While the below answer sets forth the law for you, as a practical matter your question does not make clear who stepmom is sending the texts to. If she is sending them to you, then, yes, you can probably get a restraining order granted. If she is sending them to your daughter, it depends on... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: Married Less Than 3 Months...Divorce or Annulment?

I had applied for Confidential Marriage License applied at the Santa Clara County, CA back in Feb 2020. I have yet been back to purchase the Marriage Certificate. Since married, we do not share bank accounts, money, or have purchased any tangible assets. She and her young 18 months child does... Read more »

Mike Darlington
Mike Darlington answered on May 8, 2020

To obtain a nullity in California depends on meeting certain criteria, most of which have to do with issues that occurred or where present prior to the marriage. It does not appear from your question that the necessary elements exist to have the marriage nullified and you would be better off... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Will I encounter issues obtaining a marriage license if my fiancé married in CA, and got an annulment in Washington?

My fiancé was first married in San Joaquin County, California (where we currently live), and then moved shortly to Washington (State). Her ex-husband (recently remarried himself) claims he petitioned for an annulment in Snohomish County back in 2011. Will I encounter problems when going to apply... Read more »

Mike Darlington
Mike Darlington answered on May 6, 2020

If the marriage was annulled legally in another state, California would honor that Judgment. However, you do not sound sure it was annulled. I would get proof of it being annulled legally; otherwise it may cause troubles for you down the road - such as making your new marriage invalid.

1 Answer | Asked in Family Law for California on
Q: How do you get partial custody of your kids when they are living out of state with their other parent?
Mike Darlington
Mike Darlington answered on May 6, 2020

First you need to define what you mean by partial custody. In California there is legal custody which means that you share in major decisions concerning the health, education and welfare of the minor children. The court can grant you joint legal custody no matter where the children live. The... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: If he died was deported never married I have a child can I still get money
Mike Darlington
Mike Darlington answered on May 6, 2020

What I am getting from your question, and I may be wrong, is that you and the father of your child were never married, that he was deported and then died. Your question is, I believe, can you still get child support? If the father is deceased, of course, you cannot get child support from him, or... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Am I likely to receive sole custody when the father homeless but I have a jail record? I'm the primary caregiver.

I'm the unmarried mother of a 6 year old son. His father and I haven't lived together for over 2 years. I've been the primary caregiver for that time, arguably longer as he has never held a job and I have always been the primary breadwinner and responsible for his education and... Read more »

Mike Darlington
Mike Darlington answered on May 4, 2020

Reading between the lines there is way to much information that has been left unsaid to make an attempt to give you advice on how to proceed. You best bet is to get a consultation with a local family law attorney that can spend the time with you to get all of the information needed to make an... Read more »

2 Answers | Asked in Family Law for California on
Q: How would a grandparent, with the parents cooperation, go about getting guardianship?

There was an incident and the child is currently in their care. The goal being not to separate parent and child entirely but to give the grandparent some sort of legal claim to the child. As their parent for various reasons cannot care for them properly and need not be the sole decision maker.

Mike Darlington
Mike Darlington answered on May 4, 2020

The grandparents would file a Request for Guardianship. If both parents consent it should be granted without much trouble. You can pick up a packet with all the paperwork needed from the courthouse.

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1 Answer | Asked in Family Law for California on
Q: I live in North Carolina now but have two of my children in Lake Elsinore .i need to file for new visitation rights

can i file that online and when are the courts supposed to open back up?

Mike Darlington
Mike Darlington answered on May 4, 2020

You would need to file an FL-300 to request modification of the visitation terms of the current orders. Each individual court has their own local rules as to electronic filing so you would need to check with the court where the case is located. Likewise, each court is fashioning their own set of... Read more »

2 Answers | Asked in Family Law for California on
Q: How can i modify the exchange location for my sons visits with his dad?

We have an order in place stating my residence is the exchange point. Dad is starting to bring drama to exchanges. He's starting to record the exchanges. He's threatened to "cause a scene" at my home, not sure what he means but i dont want to find out. I've suggested to him... Read more »

Mike Darlington
Mike Darlington answered on May 4, 2020

You need to file an FL-300 requesting the change. You are right in that under the current circumstances it will probably be a couple of months to the first hearing date. However, depending on the local rules, you could file it as a request for temporary emergency orders based on his threats to... Read more »

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1 Answer | Asked in Family Law and Probate for California on
Q: Does F.C. 3044 apply in a probate guardianship matter, where the mother of children has been abusive?
Mike Darlington
Mike Darlington answered on May 3, 2020

No, not as far as the presumption is concerned. While the act itself is certainly relevant to the issue of guardianship; it is not a family law custody matter and so 3044 would not apply.

1 Answer | Asked in Child Support and Family Law for California on
Q: My ex wife wants to restructure the remaining Spousal Support/Child Support so it’s consistent. Is it legal?

Basically she wants to add up the remaining amount of Support and divide that by the remaining months so it’s a consistent amount instead of it titrating down. What are your thoughts?

Mike Darlington
Mike Darlington answered on May 1, 2020

I think you are better off following the present order. When you start fooling with the order, like you are talking about, it could lead to future problems when it comes to paying your payments and in case of a subsequent modifications.

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: can anyone object to a guardianship or just the parents of the child? does that person have to serve the other party?

a good friend of mine who has seen me parent would like to object to it as well.

Mike Darlington
Mike Darlington answered on Apr 28, 2020

Normally only someone with a relationship to the child can object to the guardianship. However, your friend can file a declaration on your behalf as a witness. Anything filed in the action has to be served on all parties, especially the petitioner.

2 Answers | Asked in Family Law and Elder Law for California on
Q: Could I gain legal guardianship over my mother who has alzheimer's even though she's still married to my father?

My mother has alzheimer's and wanders out of her yard into the neighborhood but my father is in denial about her condition and puts her in dangerous situations. He refuses any help from the family. Is there a way where my brother or I could get legal guardianship over my mother?

Mike Darlington
Mike Darlington answered on Apr 24, 2020

You can apply for conservatorship, but should consult a professional in that area as they can be complicated matters in certain situations.

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