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Questions Answered by Mike Darlington
1 Answer | Asked in Divorce and Family Law for California on
Q: (Shared Custody) My ex-wife just informed me she wants to move my son from O.C. county to LA county

We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to... Read more »

Mike Darlington
Mike Darlington answered on Apr 19, 2020

Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.

However, you need to take some immediate...
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3 Answers | Asked in Divorce and Family Law for California on
Q: Where can I go to get help getting restraining orders and a divorce when I can't afford to pay a lawyer?

I don't have any money. I need to get out of this relationship. I don't know where to start. I live in California.

Mike Darlington
Mike Darlington answered on Apr 18, 2020

Man, that is a tough one in these times. Most courts have a free service often known as the Family Law Facilitator, which is where I would normally suggest you go. But so many of the courthouses are closed and so probably are the facilitators' offices. You might check with your local court... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: In RO, judge says wait to collect money at hearing, husband wants to pay it before can he do that?will I get in trouble?

A restraining order for Domestic Violence. The temp order was granted , but the debt payment I requested for my tax return the judge says to wait til the hearing. Husband wants to give the money over now. Can I get in trouble for taking money against judges wishes?

Mike Darlington
Mike Darlington answered on Apr 17, 2020

I am guessing at some of this since I am not privy to the actual orders, but I am assuming that you asked, as part of your application for the TRO, that a tax refund be turned over to you. The judge probably indicated that he/she was not going to grant you that request on an emergency basis but... Read more »

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2 Answers | Asked in Family Law for California on
Q: Hello! Is palamony recognized in San Bernardino county?

I had HORRIBLE legal council who advised me wrong and I was screwed out of half of my money from the purchase of the house I shared with my boyfriend of 11 years. He took care of my girls and I almost 100% for 8 years. Is palamony something I can go after?

Mike Darlington
Mike Darlington answered on Apr 15, 2020

No.

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2 Answers | Asked in Animal / Dog Law, Divorce and Family Law for California on
Q: My husband and I are getting a divorce and are legally separated. I don’t want his dog here so what can I do?

We have been living apart for almost a year. He isn’t paying child support but he was helping with the mortgage until last month. Now I will take over mortgage payments. I have all of his stuff still here and two junk cars in my driveway. The dog is also an issue because I have three kids and I... Read more »

Mike Darlington
Mike Darlington answered on Apr 13, 2020

It is unclear what you mean by getting a divorce and legally separated. Has anyone filed a Petition with the courts for either a divorce or legal separation? If not you can dispose of a dog that you are no longer able to care for. I would suggest that if this is the case you give him written... Read more »

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1 Answer | Asked in Family Law for California on
Q: Does regular timeshare commence after a holiday is over?

This easter I had my daughter from 6PM 6PM Saturday until 6pm sunday. My normal visitation order is that I get my daughter every sundays at 930am. My ex called the cops on me saying I'm in violation because I didnt give up my daughter to her at 6PM. But no where on our order does it state... Read more »

Mike Darlington
Mike Darlington answered on Apr 13, 2020

The chances are that if you ask this question to five different attorneys/judges you would get five different opinions.

My interpretation of the order you quote is that after the holiday schedule for Easter then you get the time for the rest of your regular Sunday visitation....
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1 Answer | Asked in Family Law for California on
Q: What can a parent do if a 20 something y/o is romantically pursuing their 13 y/o daughter?

My sister met the 20 something-year-old guy outside of her taekwondo class she gave him her social media accounts (Insta, Snapchat, FaceTime ect.) so that they could communicate and when my parents found out my mother called him and asked him to back off because she’s only 13 and that she would... Read more »

Mike Darlington
Mike Darlington answered on Apr 8, 2020

Immediately file for a Civil Harassment Restrain Order to keep him from being the presence of or communicating with your child, because that is what she is. That situation is a recipe for disaster and needs to be addressed right away before something goes awry. I wouldn't worry about him... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Can my husband evict my adult daughter from our house against my will? My husband and I are both on the title.

My daughter pays rent and helps with food. My husband is an alcoholic and becomes verbally abusive toward her, because she will tell him off when he is getting out of control.

Mike Darlington
Mike Darlington answered on Apr 8, 2020

No.

1 Answer | Asked in Family Law for California on
Q: My boyfriend’s son is 13 the child’s parents were never married and have a verbal agreement of shared time with the

Stay-at-home order From COVID-19 the mother continues to allow her son to attend ‘play dates’ and attend birthday parties what can the father do to immediately halt these actions? Spring break begins 6 April for 2 weeks and all indications are that the mother will continue normal activity... Read more »

Mike Darlington
Mike Darlington answered on Apr 3, 2020

This is one you are going to have to have the courts weigh in on. It appears from the question the matter has never been to court since there are no current custody orders. You would either need to file a Petition for Custody/Support or a Paternity action depending on if there is a Voluntary... Read more »

2 Answers | Asked in Child Support and Family Law for California on
Q: Hi there, I have a 3 year old daughter and trying to do a DNA test on her father and get child support .

How can I got about starting the process in finding him even if he blocked me from social media. He knows of her as well, I tried even reach out through his girlfriend,but no luck.

Mike Darlington
Mike Darlington answered on Mar 30, 2020

Contact the Department of Child Support Services in your county and they will assist you with this free of charge.

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1 Answer | Asked in Family Law for California on
Q: Can an Emergency Protective Order be cancelled? I feel like I no longer need one.
Mike Darlington
Mike Darlington answered on Mar 29, 2020

Yes, you can file a Request for Dismissal. Each court though has a different way of handling the dismissal. Some will just dismiss your case, and vacate the order, upon you filing the proper document. Others will want you to appear to assure themselves you are aware of the consequences and doing... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: What form do I file to change visits

My daughter has supervised visitation three times a week with father and Butte county The virus has been confirmed twice she is known for febrile seizures I have a note from doctor stating to stay out of Butte county I am in Glenn county how do I change the order with the court to allow the visits... Read more »

Mike Darlington
Mike Darlington answered on Mar 23, 2020

You would have to file an FL-300, and probably a request for emergency orders. You would need to file those in the court where the custody order is located. Either get represntation or call the court first as each court is upside down right now because of the corona virus.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have my abusive boyfriends daughter who is 15 he refuses any responsibilities as a parent no support and always drunk

Is there any way I can get rights for her she need medical and dental care and insurance i cant do anything for this child

Mike Darlington
Mike Darlington answered on Mar 22, 2020

You can file for guardianship of the child. You will have to convince the court that it is a detriment to the child to stay with the father. I am assuming you no longer live together.

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1 Answer | Asked in Family Law for California on
Q: I’m almost 7 years paying alimony (10 year court order) . She got everything... $800,000.00 Tahoe Home

I’m unemployed. Can’t afford my own rent. We’re Ca. residents. Do I have to pay her during these times?

Mike Darlington
Mike Darlington answered on Mar 19, 2020

Yes, until you go back to court and get the order modified. I would immediately file a Request for Order for modification of spousal support. You need to do it quickly because you cannot ask for retroactivity past the date you file your RFO (FL-300).

1 Answer | Asked in Family Law for California on
Q: Visitation during Covid19

Both parents have joint custody, mom has primary. Visitation is every 2,4,5 the weekend with dad. Summer vacation is 1 week on 1 week off. How is visitation handled during a pandemic?

Edit. Father wants to enforce summer vacation schedule. I have twins who fall in the high risk group so I... Read more »

Mike Darlington
Mike Darlington answered on Mar 18, 2020

That is a really good question, and I wish I had a really good answer for you. The truth is that this is an entirely different situation than we ever seen and I've been doing family law for 35 years. My initial inclination was that the orders should just be followed as if there were no... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I'm being falsely accused, I'm the victim of his abuse, do I need a lawyer for court
Mike Darlington
Mike Darlington answered on Mar 18, 2020

Sounds like that would be an excellent idea. There is too much at stake and if you can afford representation you should absolutely get it.

1 Answer | Asked in Family Law for California on
Q: I'm a minor is it legal for my dad to put a restraining on my boyfriend because he doesn't like him.
Mike Darlington
Mike Darlington answered on Mar 17, 2020

Obviously I cannot give legal advice to a minor. However, I can say, in general, that your dad cannot "put" a restraining order on anyone. He can only apply to the courts for a restraining order and it is up to the court to determine if he has sufficient legal basis for the order to be granted.

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: If there's already a domestic violence case and an restraining order still active, can the restrained party file a

Restraining order towards me, too?

Mike Darlington
Mike Darlington answered on Mar 17, 2020

They certainly are allowed to file it; doesn't necessarily mean they will be successful with it.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex and I have a court order custody/visitation schedule. His weekend is this weekend coming up. We split her holidays

Since this national emergency because of coronavirus the schools are now out until the end of the month maybe more. Do I have 2 let her go for this hole week? Even though this is not a scheduled time off of school? I am home and she doesn't want 2 go

Mike Darlington
Mike Darlington answered on Mar 16, 2020

This question is coming up a lot and there is no black and white answer since it is a new situation.

I feel like the courts would enforce the timeshare as if the child was still in school and not counting the closure as a holiday or vacation schedule applies.

But that is just my...
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1 Answer | Asked in Family Law for California on
Q: Do mandatory school closures constitute a holiday for parenting time for child custody?

My temporary custody order states that I have my kids until start of school Monday or 5pm if a school holiday. With the mandatory school closures for the next two weeks, when does my parenting time end?

Mike Darlington
Mike Darlington answered on Mar 15, 2020

This is such a new subject that I doubt any court has even seen it yet. But my guess, based on years of experience, I would say that the Order will be interpreted as not taking into account the school closure.

In other words, I would think that the court would expect that the exchange to...
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