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Questions Answered by Mike Darlington
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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2 Answers | Asked in Family Law for California on
Q: How do I get a minute order/ notes concerning a guardianship case

I am the respondent

Mike Darlington
Mike Darlington answered on Apr 24, 2020

Guardianships are not confidential cases and are open to viewing by the public. In many courts the Minute Orders are available on the court website. However, a large number of courts have still not caught up with having a website that will allow it. First go to the court website in the county in... Read more »

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1 Answer | Asked in Criminal Law and Family Law for California on
Q: Rule 5.98 Meet and Confer (a)

In short the rule states towards end of (a) within rule 5.98 "The requirement to meet and confer 31 does not apply to cases involving domestic violence"

Now the questions is, what is this?

The only exception is when both parties are self-represented and there are... Read more »

Mike Darlington
Mike Darlington answered on Apr 24, 2020

Your question is a little unclear. This rule very simply states that the parties, or their attorneys, are to meet and confer prior to the hearing. It doesn't indicate anything about both parties being unrepresented as an exception.

The only exception is where there is domestic...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: A no contact order was placed between my husband's daughter and her mothers boyfriend. They violated it. Now what?

We called the police to perform a welfare check on the child when we obtained an unknown address by looking at my daughters phone location. We recieved confirmation from the mothers aunt that they were indeed with the boyfriend.

Mike Darlington
Mike Darlington answered on Apr 23, 2020

File an emergency Request for Order (FL-300) with a Request for Emergency Temporary Order for an immediate suspension of visitation pending further hearing. Due to COVID-19 orders on the courts you should probably consult with a local attorney to find out what the local rules are regarding... Read more »

2 Answers | Asked in Divorce and Family Law for California on
Q: My estranged husband is saying that he can file for visits for my children that are not biologically his. Is this true?

We separated four weeks ago and he has threatened to kill himself. I called the cops to do a wellness check on him and the police stated that I shouldn't allow my children to go over there anymore and that if they get called out again that CPS could possibly get involved. I have severed all... Read more »

Mike Darlington
Mike Darlington answered on Apr 21, 2020

People can file for anything they want, that does not mean he will be successful, and it is highly unlikely in this case.

You have a perfect right to withhold your kids from him and judging from the context of your question it appears to be in the best interest of the children that you are...
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1 Answer | Asked in Family Law for California on
Q: when does an emergency guardianship expire in california?

my mother in law took my daughter on 3/24/20 she was granted temporary emergency guardianship on the 24th and our first court hearing isnt until 4/27/20 but then for some reason court got posponed until 6/15/20. Doesnt the petition expxpire after a certain amount of days

Mike Darlington
Mike Darlington answered on Apr 21, 2020

My guess is that the temporary order was extended, if it was, due to the numerous court closures due to the emergency orders related to the COVID-19 crisis. The state emergency order allows the court to extend temporary orders when necessary. What you are going through has nothing to do with the... Read more »

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