Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... View More 
answered on Feb 17, 2020
Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... View More
We are still married but separated for over 18 months. I want to move out of state. Am I able to move without giving notice to him or the courts being that I have sole physical custody? My son and I live in California where the courts granted me sole physical custody and joint legal custody.
answered on Feb 17, 2020
Depending on the wording in your custody order you may or may not have the right to move without the court's permission. Often times even a sole physical designation carries with it such a prohibition. If your's does not, to just up and move, even with notice, has a number of pitfalls.... View More
answered on Feb 17, 2020
You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.
answered on Feb 17, 2020
Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.
The simple answer to that is, "no, they do not." Unless there is some kind of provision... View More
answered on Feb 17, 2020
I'm assuming the other parents wants the child to live with them.
The biggest ramification is that you may be liable for child support. The hidden ramifications are that you may be creating a situation where it is difficult to visit with the child left behind; and that you may have... View More
I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't... View More
answered on Feb 13, 2020
I agree with the first answer in that you really need a family law lawyer that handles these type of cases. And you need one who practices in the court where your moving requests are going to heard. There are a lot of landmines in this type of case and even though the law is the same for the... View More
I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about... View More
answered on Feb 10, 2020
If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... View More
My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... View More
answered on Feb 9, 2020
Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.
If they do not cover... View More
I went to mediation before our hearing and the mediator asked hiw old the boys were I said one is 8 and the other is 1. He said there was a significant amount of years between them that there was no bond. I laughed at him and said they do have a bond. These boys have been togethwr since the little... View More
answered on Feb 5, 2020
The pure mechanics of getting the custody issue back before the courts, are that you would have to file a Request for Order FL-300 asking for a modification of the current child custody order. There will have to be a clear demonstration, by initial declaration, of what has changed since the court... View More
My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do
answered on Feb 4, 2020
Check with the family law clerk in the courthouse where the action would have been filed.
If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you... View More
Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file... View More
answered on Feb 4, 2020
Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... View More
Wife will be occupying our home until we decide resolution
answered on Feb 3, 2020
The short answer is that you are responsible for half the house payment. Conversely, you are entitled to half of the fair rental value - which is usually largely a push. However, there are a lot of rules that apply to these situations and each case is different so you need to get a consultation... View More
My ex and I had our daughter as teenagers. I took on all of the responsibility. I went to work full time. I was in high school still as well. Then I became wrapped up in drugs and stayed away to keep my daughter safe. But I have been clean and have a very stable life for nearly 4 years now. He will... View More
answered on Feb 1, 2020
It appears from your explanation of the exchange of a log book, and the fact that the father has the child, that would suggest. that there might be a custody order in place; either in California or Washington. If that is so, than you need to get into court and seek a modification that will allow... View More
answered on Jan 31, 2020
Are you asking if the court would award custody to the father? Of course they can. Custody is not gender based. However, if your husband is not the biological father of the children that is a whole different set of issues and there is no quick and easy answer to that.
There are just way... View More
answered on Jan 28, 2020
Limiting my answer to your specific question, you probably will not get the journals admitted for the judge to read. You can testify to the events in the journals, and have the journals with you while testifying to refresh your memory, but I doubt the court is going to admit the journals... View More
He is angry and even though he wants to divorce, he won't sign anything. We've been married two weeks
Our case was filed and ruled on in Mendocino County. My ex put a restraining order on me last year when I had a mental break down, I had no lawyer he did. He has full custody of our 14 year old daughter. I am now wondering if we could move the case to Sonoma County since he has moved to another... View More
answered on Jan 27, 2020
The venue of a family law case can be changed if none of the parties still are in the venue in which it now exists. This is done by filing a Motion for Change of Venue.
At the time the motion is heard the court is going to consider various things to determine if the venue should be... View More
I just want to take my daughter to Arizona to visit family, but her father doesn’t want her to go. I just want to know if I still take her with me, will that be considered illegal?
answered on Jan 27, 2020
That would depend on the current custody orders in place; which I am assuming there is. You should have an experienced professional look them over and explain to you any restrictions on travel that might exist.
If there are no custody orders at this time than you should get right to court... View More
We got our restraining order and judge granted and on the form we had asked that attorney fee paid by the other respondent.
How could we get the respondent pay the attorney fees? we had a trial and now we have to pay for extra fee.
answered on Jan 26, 2020
Actually, the statutes that provide for restraining orders (civil harassment and domestic violence) provide a provision for the payment of attorneys fees. From your question it does not appear this is a contract action which the prior answer deals with.
If properly plead the court can... View More
Trying to determine if I should obtain a court order to stop wife from calling sheriff’s when go home. She has placed retraining orders which are then removed by the judge for lack of evidence and she was admonished by the judge. My Lawyer said I will be entitled to 1/2 rent because she changed... View More
answered on Jan 25, 2020
Your headline question is how often is FC 2626 successfully enforced. This deals with the concepts know as Epstein and Watts credit, which allows for certain reimbursements and credit for post separation actions.
These are basic principles in most divorces and they are employed... View More
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