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Questions Answered by Anthony Regner
1 Answer | Asked in Family Law and Juvenile Law for California on
Q: If CP's has taken away rights from him how can I file to GI e him back rights

We had a cps case where my sons father lost all rights how can I get him to ha e them back

Anthony Regner
Anthony Regner answered on Feb 9, 2018

He can file a Request for Order (FL-300) in the court showing a change in circumstances and requesting a modification of custody.

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I have overpaid 30K in child support. Can the overpayment be applied to future spousal support?
Anthony Regner
Anthony Regner answered on Feb 9, 2018

Yes, you can also request a refund. But make sure you work this out with the Department of Child Support Services before modifying any payments in the future.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can the a judge order to cancel overnight visits with the dad?

My custody order is my son(age 7) gets alternate weekends with his dad. He gets picked up on Friday from school and I pick him up from his dad’s place on Sunday at 6pm. My problem is that his dad lives in 1 bed apartment. He has a wife and she has 3 kids. She has 2 girls(age 3 & 10) and 1 boy... Read more »

Anthony Regner
Anthony Regner answered on Feb 9, 2018

The short answer is yes, a judge can make that order. However, you would need to present more than you have here to convince most judges to make that order. The child's health, safety, and/or welfare must be at risk. Arguable, so many people in such a small place could fit that criteria. But with... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Can the child support office really see all the income that my child's father makes like income tax bank accounts Etc
Anthony Regner
Anthony Regner answered on Feb 9, 2018

Yes, this information is discoverable (meaning they are entitled to it), however, they cannot see money he hides. You may need to sometimes get creative in proving income

2 Answers | Asked in Family Law and Child Custody for California on
Q: Ex and I have court ordered visit schedule but he disappears for months and then expects me to honor it. Do i have to?

My ex is supposed to see my son every other weekend but will disappear for up to 8 months at a time and then out of no where he will call and tell me I need to meet him and give him my son (as it says in the court order) or he'll make a police report saying that i'm not complying with the order. do... Read more »

Anthony Regner
Anthony Regner answered on Feb 9, 2018

I agree with Ms. Waxman, the court order is enforceable until it is modified. The Request for Order (FL-300) would need a legal reason stated for the request to modify. It is absolutely not in the best interest of your child's health, safety, and welfare for his father to come and go... Read more »

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1 Answer | Asked in Contracts for California on
Q: Can i fght an attemp to levy my bank account 2/18 on a fraudulent lawsuit? Even after my statue of limitations debt 7/07

A finance Co took me to court, judgement was set on their favor. but court is unaware that falsified documents where used against me. now collection co is attemting to levy my bank account. Can i fight it n submit proof to judge of fraud. ?

Anthony Regner
Anthony Regner answered on Feb 8, 2018

You would need to submit a motion to vacate the judgment. However, there are statutory time periods that would prevent you from doing so long after the judgment was entered. Generally, you have to act fairly quickly after discovering the forged documents.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: second time I have had to take emergency custody of my 8-5yr sons in 2yrs. Will a judge now give me permanent custody?

I also have a restraining order on her, she also was released from jail 3 days ago for DUI child endangerment. Cops said she was past out in the middle of a Residential neighborhood who it a gal of vodka half gone. I think I should get full custody

Anthony Regner
Anthony Regner answered on Feb 8, 2018

Custody is a tricky beast in California. The courts have a public policy to make order for a minor to maintain "frequent and constant contact with both parents." This can sometimes mean that even parents who you personally feel should not have their kids, will end up with custody. One exception to... Read more »

1 Answer | Asked in Landlord - Tenant for California on
Q: I have been asked by the District Attorney to supply a copy of my tenants rental agreement. Can I do this legally?

I was contacted by the district attorney welfare division via phone today. THey have asked to me to send them a copy of the lease agreement for one of our rental properties. What is my legal obligation to my tenant and to the DA? Can I supply the rental agreement to them legally? Do I need to let... Read more »

Anthony Regner
Anthony Regner answered on Feb 8, 2018

You may want to ask the DA to issue a subpoena before you release the lease

2 Answers | Asked in Domestic Violence for California on
Q: What happens if I put charges for domestic violence but he has not been arrested yet?

I called the police for domestic violence but when they came he was no longer here they gave me only a list of domestic violence agencies and a report number to put a restraining order but I never went... my question is that he has not been arrested and I have heard that he has walk by police... Read more »

Anthony Regner
Anthony Regner answered on Feb 8, 2018

If no criminal protective order was issued when the police came the first time, then you may need to take steps on your own to secure one. Merely calling the police for domestic violence does not automatically create a protection to you. The next step would be to go to your local court and apply... Read more »

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