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Questions Answered by Mike Darlington
1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My 13 y/o son wants to move in with his dad but my 7 y/o wants to stay with me. I have full custody

The dad hasn't had any communication with the kids for 4 years and hasn’t paid a penny in child support and I don't want him to pay because all he does is give me grief. My son is very rebellious and all he says is he hates me and wants to live with his biological father. Is it possible... View More

Mike Darlington
Mike Darlington
answered on Mar 14, 2020

You have so many issues here that this is almost impossible to respond to through this medium. My first recommendation is to sit down with a local family law attorney that does a lot of custody issues in your area. You really need an expert's analysis of your specific problem.

As to...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Will I get my share of retirement funds if I’m not the beneficiary?

My spouse and I are separated and he has given me a spousal consent form to remove me from his retirement funds as the beneficiary. We’re going to be divorcing. If I sign do I not get any of the retirement? We have a child together. Not sure if I should sign them or not.

Mike Darlington
Mike Darlington
answered on Mar 12, 2020

There are a lot of details missing which makes it hard to give you definitive response. However, it is not in your best interest to sign the consent form at this time. If the retirement, or any part of it, was earned during the marriage you are entitled to one-half of the community share. As... View More

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: How can I prove that my estranged husband is lying about his rent payment where he lives with his aunt?

He states in court papers he pays $900 but I know he only pays $200

Mike Darlington
Mike Darlington
answered on Mar 11, 2020

This may be a little complex, but first request the production of all cancelled checks or cash payments receipts for rent for the period of time in question. Analyzing the requested information may require skills you do not currently possess, such as sequential numbers on printed receipts etc.... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband's 16yr old decided she would like to live with her mother full time. Can his ex get more child support?

There are no rules at her mother's compared to our structured home. Her mother has bad-mouthed my husband since his daughter was 6 yrs old. Now, the daughter has this "Eff-U" attitude towards her father. The reason for her decision to stay at her mom's was that she was... View More

Mike Darlington
Mike Darlington
answered on Mar 9, 2020

She will certainly have the right to request more support. I do not have any financial information that would allow me to indicate whether she would be successful or not, but considering he is already paying support it would seem likely.

The courts do not look into the reason why she wants...
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1 Answer | Asked in Family Law for California on
Q: my daughter is going to be 18 in May does she still have to visit her dad He was just released from prison fo a drive b

My daughter and I live in California he moved to arizona. Arizona is also where he committed the crime he has been in jail for about 3 years. My one daughter is 20 but my youngest turns 18 May 15th. We are all scared of him and unsure if she still has to follow the court order. She has already... View More

Mike Darlington
Mike Darlington
answered on Mar 8, 2020

On May 15th she will be an adult and can do as she pleases. If she doesn't want to see him she doesn't have to, and should he try and force the issue she could probably get a restraining order against him.

1 Answer | Asked in Family Law for California on
Q: If a client files a state bar complaint against his attorney, is that enough grounds for the attorney to conflict off?
Mike Darlington
Mike Darlington
answered on Mar 5, 2020

Obviously I don't know all the facts of the underlying problems, but if they have progressed to the point of a client filing a complaint against their attorney it would seem that the attorney/client relationship is ruptured and irreparable. It would appear that that would probably be enough... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello, I wanted to know if Intend to get custody of a sibling, does it have to been done through courts?

This is not a custody battle. My mom (in California) is of older age and she wants me to take my brother to live with me In Colorado so it can be easier on her. We both are in agreement. However, for purposes such as school enrollment and health care, does this have to be done through courts or can... View More

Mike Darlington
Mike Darlington
answered on Mar 3, 2020

What you probably want to do is get a guardianship so everything is legal. However, that raises several issues. First, will the biological father consent?

Additionally, the California courts can only grant a conditional guardianship since you intend to move the child out-of-state and you...
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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: I wanted to know if I can pursue a restraining order on a family member that had posed threats to physically hurt my son
Mike Darlington
Mike Darlington
answered on Mar 3, 2020

Yes you can. It would be a civil harassment restraining order most likely. Each courthouse has a Family Law Facilitator's Office that will give you some guidance and help you with your paperwork for free.

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2 Answers | Asked in Real Estate Law, Family Law and Probate for California on
Q: My understanding of "Quasi-Community" is that it is property out-of-state. Am I incorrect in this understanding?

I am trying to further understand the California Probate Code and the term "Quasi-Community" has taken me longer to understand than expected. May someone please explain this term in other words? I would greatly appreciate any assistance. Thank you for your time!

Mike Darlington
Mike Darlington
answered on Feb 29, 2020

The simple definition is:

Property acquired by a married person or couple in a non-community property state that would have been community property if it had been acquired in a community property state.

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1 Answer | Asked in Family Law for California on
Q: If my wife used part of her inheritance to purchase a family home, is that regarded as comingling assets?
Mike Darlington
Mike Darlington
answered on Feb 27, 2020

Not in the sense you mean it. It is not a gift to the community and actually may be reimbursable if she can make a direct connection between her inheritance and the purchase of the home. You really need to consult with a professional who can look at all the relevant paperwork to figure out your... View More

1 Answer | Asked in Family Law for California on
Q: How to update Name and address change from out of state during an ongoing custody battle, judgement is already in place.

I live in north oregon, custody juridiction in place is sacramento, California. I have changed my legal name and address and I can't find a way to update it online with the Sacramento court.

Mike Darlington
Mike Darlington
answered on Feb 26, 2020

Most courts will not allow such changes online. You should use form MC-040 Change of Address or Other Contact Information. Fill it out and file it with the court. Make sure you send the other side in your matter a copy.

1 Answer | Asked in Family Law for California on
Q: Can an Order to Show Cause Hearing in CA be canceled if the respondent fulfilled his part of a settlement agreement?

I filed contempt paperwork last fall against my ex-husband due to him disobeying a court order to pay a debt. In October, the judge had us meet with a mediator where we agreed upon a settlement amount and payment plan. Also apart of the agreement was that when he made his final payment to me that... View More

Mike Darlington
Mike Darlington
answered on Feb 26, 2020

I'm not sure why you should be paying any fee. You should be able to file a CV-110 (Request for Dismissal) for no cost.

1 Answer | Asked in Family Law for California on
Q: I live in California & my children are now adults. I'm paying back child support payments.

Do my kids have the right to collect the arrears or does payment still go to my ex?

Mike Darlington
Mike Darlington
answered on Feb 25, 2020

To your ex.

1 Answer | Asked in Domestic Violence and Criminal Law for California on
Q: DV R/O files on me by my child’s father but he’s on my social media stealing her Pictures through a fake profile

Can I file a Restraining Order too? To protect my daughter and I from the Stalking?

Mike Darlington
Mike Darlington
answered on Feb 24, 2020

You can always file for a restraining order, but it would appear you would need a lot more to obtain one. I am not sure what you mean by he's "stealing her pictures through a fake profile." If you are indicating he is merely copying pictures of his child from your profile, that... View More

1 Answer | Asked in Family Law for California on
Q: I worked out a deal with DCSS, 15 years ago. Paid all the arrears off. Ex is in a care home. Kids are 36 and 32.

They are off living their lives. I remarried but lost my husband 2 years ago. Out of nowhere they sent me an email wanting payment? Why??

Mike Darlington
Mike Darlington
answered on Feb 23, 2020

DCSS normally doesn't send emails out of the blue, so you should contact them in person to determine the validity of the email. Normally, if they think you owe money, they send a letter explaining the basis of the claim. I would not respond to the email in case it is some type of scam and... View More

1 Answer | Asked in Family Law for California on
Q: I have been having supervised visits with my son for 7 months. We recently changed to home visits which mom hasn’t shown

A

Mike Darlington
Mike Darlington
answered on Feb 22, 2020

She is only in contempt of court if she does not follow a court order; not a suggestion from the supervisor. Unless the order specifically allows for that. If it doesn't than she is not. If you want to change the custody/visitation orders than you should file an FL-300 that requests exactly... View More

1 Answer | Asked in Family Law for California on
Q: baby last name for a married couple in CA

If a married couple in CA have 2 different last names and can’t come to a conclusion on which last name to use for their child, what is the next step?

Mike Darlington
Mike Darlington
answered on Feb 22, 2020

I've been doing family law for about 35 years and this is the first time I've come across this as a sole litigation issue.

I'm assuming the child has not yet been born or there would already have been a selection of the last name for the birth certificate. Of course the...
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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can a person go to a family law hearing if it's not theirs?
Mike Darlington
Mike Darlington
answered on Feb 21, 2020

Hearings are open to the public unless it is a confidential case, such as an adoption, paternity, CFS, etc. For those type of cases they normally close the courtroom. Other than that you should be able to attend.

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?

Just issued a RO against ex boyfriend who verbally, physically, and psychologically abused me, using my supposed cheating as reason why he treated me in abusive manner. Was granted temporary RO and now completing forms for permanent. While we were together, I'd placed a recording device in... View More

Mike Darlington
Mike Darlington
answered on Feb 20, 2020

Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.

1 Answer | Asked in Family Law for California on
Q: My husband filed divorce but now refuses to proceed in effort to prolong the process. Do I have any immediate recourse

He served me himself via certified mail and did not include the notice of acknowledgement. I believe this is not a legal service because he sent the paperwork and he is a party in the case. He later sent the notice of acknowledgement but was blank. Nothing was filled in. I inquired about it and... View More

Mike Darlington
Mike Darlington
answered on Feb 19, 2020

I am assuming that this is a California divorce for the purposes of this question. You do not need to wait on him to move the case forward. You should file a Response to his Petition requesting a divorce. When your response is entered that will become the jurisdiction date and the six month... View More

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