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I am a US citizen living in the US and my husband and I married in Canada and he moved down here with me to begin immigration papers to become a US citizen. I became pregnant a few months later and then he left me and flew back to Canada. Can I be legally forced to put our baby on an airplane for... View More 
answered on Dec 31, 2019
I am assuming you are in California and the baby will be born in California, for the purposes of answering this question. He cannot legally force you to send the child to Canada for visitation barring a court issuing such an order. I do not know about Canada, but I am pretty sure that California... View More
my children's mother has a new child with the relative of a judge believed to be in the family law division.
answered on Dec 25, 2019
Sounds rather nebulous at this point. If the Judge is only believed to be in the family law division; I do not see where that would cause a conflict.
If the case ends up being assigned to the Judge in question and you raise the issue with the court it would seems that the judge might... View More
Without violating the court order cpo.
answered on Dec 25, 2019
There is a lot of information missing from your question, but I can give you some generic ideas. First of all, if there is a criminal protective order in place (I'm assuming against you) you are bound by the terms of that Order and if the protective order includes the children as protected... View More
I have a friend who's husband basically hijacked the kids from her several years ago. He claims she abandoned them and is suffering from mental disease. She had been the victim of emotional and physical abuse from him for many years and was scared to fight for the kids because of threats he... View More
answered on Dec 18, 2019
You are correct, she needs to see a lawyer since she is obviously paralyzed by his actions. I cannot begin to give you any suggestions because there are so many unanswered issues involved in the fact pattern you set forth. If your friend lives in California then she has the absolute right to a... View More
I given up my parental rights, in family court so my mother would be able to adopt my daughter, also because the state took her from her mother,
My daughter's mother got her back, all though I signed over my rights, can her mother file for child support against me
answered on Dec 17, 2019
I am sure there is a lot more behind this story just do to the fact pattern you did give.
However, the generic answer to your question is that once one parental rights are terminated by the court then that parent is no longer responsible for support.
Be aware though that many... View More
I haven't worked in 15 years. he worked on his job for for 35 years.
answered on Dec 17, 2019
There is no way to tell, from the information you gave, if that would be a wise decision or not. One important factor is the length of the marriage. If it is a quite long marriage that pension could be a significant asset that would help support you in the years to come. If this is a long term... View More
He won’t let me see or hear from her an he filed for full custody we live in separate states
answered on Dec 13, 2019
Even though your question is really short, it invokes so many different issues that you need to immediately sit down with an attorney and lay out the facts. At initial glance this is going to be a UCCJEA matter. The UCCJEA is a federal law that the courts use to decide jurisdiction between... View More
My sons mother left us two years ago, she left him with me willingly and has not seeked custody or tried to implement much effort in seeing him she sees him from Saturday to Sunday every other weekend. Does this give me any rights or does she alone have custody even though she left him and has not... View More
answered on Dec 12, 2019
There is some information missing from your question that could be quite important. The first being, are you on the birth certificate? If you were at the hospital when the child was born and completed a Voluntary Declaration of Paternity, there is a good chance you are. That being the case you... View More
Hello! I'm in Los Angeles, and I'd like to know my options for removing a Family Law Judge from my case. The Judge has consistently shown prejudice and makes orders that abuse the court's power. I can document all allegations and prove with evidence using the Judge's... View More
answered on Dec 12, 2019
If the Judge you wished to recuse had never made a judicial decision in your case you could have filed what is called a 170.6 affidavit and they would be recused from hearing your case. You are allowed to do that for one judge without stating anything more than you believe he would be prejudiced... View More
I have not seen my daughter since a year ago when her mother took her away from me, my daughter is afraid of me now and the judge is aware that her mother had been coaching her and put her against me. Since my daughter doesn't want to see me how can I get her back. Is it instant after I file... View More
answered on Dec 12, 2019
An FL-305 is the form for emergency orders granted by the court. They are normally filed with the FL-300 where you are making application for an emergency orders. Each court has their own rules for obtaining emergency orders and you should check where you live as to what they are. Depending on... View More
My son was on a visit with the other parent and he came home reeking like cigarettes. I asked him why he smelled like smoke and he said the (other parent and girlfriend) were smoking cigarettes in the car with him. He also has told me in the past that they vape in the car also...Isn't it... View More
answered on Dec 11, 2019
You probably need to file a Request for Orders asking that the father be ordered not to let anyone, himself included, to smoke or vape in his presence or in the home in which he lives, or the vehicles used for his transportation. You will have to go court in San Bernardino where the case is... View More
My 3 youngest children have lived with their father their entire life (including before we seperated) when we split up 10 years ago they went to live with him and his new girlfriend (whom 10 years later are still together). My youngest 2 children are biologically his children however the oldest of... View More
answered on Dec 11, 2019
There are so many variables at play her that you really need to sit down face-to-face with a Family Law professional. This is not a discussion to hold by email as the answers to each of your questions engender more questions. So it is going to be very much of a back and forth conversation. There... View More
We've been in a serious relationship for a little over a year. I'm in the Navy, currently stationed in California, but she and her son still live in Iowa. Our ultimate goal is to be together after her job contract ends in April 2020.
She split up with her ex over 3 years ago.... View More
answered on Dec 9, 2019
Even though you are a resident of California, there is nothing the California courts can do for you at this time.
Both your girlfriend and the child live in Iowa and are residents of that state so this would fall under their jurisdiction. Unfortunately, I cannot give you any advise as I am... View More
My husband has a daughter who is 3 years old. He and his ex have not been together since she was 1 years old. They have no court ordered custody agreement for her, but he does pay child support. His ex will not let her come visit our home, he isnt even "allowed", per the ex, to take her... View More
answered on Dec 8, 2019
Your husband can, and should, file for joint legal and physical custody of the minor child. Since there is no custody order in place what mom is doing is not legal since absent a custody order dad has as much right to custodial time with the child as does mom.
That being said, there are a... View More
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