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Questions Answered by Susan G. Cohen
2 Answers | Asked in Divorce and Child Custody for California on
Q: Does it mean she can travel to outside the country with my 12 years son without my permission?

In the court order I can see the following line is checked:

"Neither party shall change the residence of any minor child for more than 30 days without the written consent of the other or an order from this court without giving written notice to the other party in the manner provided in... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 17, 2017

Since the existing court order does not contain restrictions as to where she can travel, she may be able to travel outside the country for less than a month. Contact an attorney in the county where the mother and child reside about seeking to file a Request to Modify Custody. You did not state... Read more »

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2 Answers | Asked in Employment Discrimination for California on
Q: I was attacked at work by a non employee in full view of employers .

I was attacked at work by a non employee in full view of employers . the injury was bruising on upper left side caused by ax handle. A police report was made. Injury was not serious. About 5 days later same person came on premesis and stabbed me just below rib cage and was life flighted out. My... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 16, 2017

You should contact an Employment Law Attorney who represents employees as soon as possible. There are some very short statutes of limitation in Employment Law cases for Discrimination and also for Occupational Health and Safety Claims. When did this incident happen? Do you still work for the... Read more »

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2 Answers | Asked in Family Law and Criminal Law for California on
Q: Run Away

Hey so my brother who is 17 ran away and the man who he left with is over 18 and won't tell us where he took him. Can I press charges against him for kidnapping since my brother is under 18? Please let me know we just want him home and they guy won't tell us what happened to him.

Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

If you believe that this person has taken your brother without permission from the parent or guardian, the parent or guardian who is the legal custodian of your brother should contact your local police department about filing a missing persons report and for assistance in locating the man who now... Read more »

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2 Answers | Asked in Family Law for California on
Q: When my wife and I got married she kept her maiden name. how can she now change it to my name?
Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

Your wife can file a Petition in the Superior Court in the County where she resides to change her name, if she wishes to adopt your last name as her last name. It is a simple procedure but it does require a court order.

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2 Answers | Asked in Family Law for California on
Q: Can courts grant & allow visitation to my inlaws if we are both against them having contact with my kids???
Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

Your question is missing information. Are you and the other parent still married and living together? If the answer is yes, then you probably can ask the court that enter orders that prevent the in-laws from getting any visitation or custody. Even if you and the other parent or separated or... Read more »

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1 Answer | Asked in Child Custody and Divorce for California on
Q: I am in Germany. How do I get my divorce papers from the California Northern District Court in San Jose?
Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

You will need to write to the Family Law Clerk, Santa Clara County Superior Court in San Jose, California. You should be able to look up the Website of the Santa Clara County Superior Court on the Internet, and find both the Address for the Family Law Clerk's Office and the telephone number. Even... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I have been paying child support for 4 kids that are supposed to be living with the mother for several years

But the kids were living with some other family and child support services was aware of this without my knowledge or consent and the mother was collecting the money and kids were not getting support department of child support services said that I was to pay the mother not the kids what due I do... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

Ask the court to Modify the Child Support Order for current Child Support. Do you have rights to have visitation with the child? If you do you may want to seek to Modify Child Visitation and Child Custody. Do you know why your children are living with another family? Is this a decision that the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I have been paying child support for 4 kids that are supposed to be living with the mother for several years

But the kids were living with some other family and child support services was aware of this without my knowledge or consent and the mother was collecting the money and kids were not getting support department of child support services said that I was to pay the mother not the kids what due I do... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

You may want to ask the court to Modify the Child Support Order and ask to terminate the order that requires payment of spousal support for the mother.

3 Answers | Asked in Family Law for California on
Q: What can I do if my husband walked out on me and 2 kids for another woman he got pregnant?

My husband walked out on me and my two kids leaving me with no money as he was the financial provider. He has been living a double life in another state with a woman he got pregnant. They also were illegally married as he and I are still legally married to this day. So while he isn't financially... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 15, 2017

You can file a Petition with the California Superior Court in the County where you live asking the court to provide orders for Child Support and Spousal Support. Do you want to have the court grant you a divorce? If the answer is yes you will want to file a Petition for Dissolution of Marriage.... Read more »

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1 Answer | Asked in Child Support and Family Law for California on
Q: I keep my daughter 3/7 days a week and I currently have been paying $250 a month in child support, should I be?

I have been paying child support for about 10 months and I don't feel I should be. I buy all the diapers and materials my daughter needs for my place and my ex has a Job to afford everything she needs. We have not gone to court for custody but should I be paying her at all or should it be equal... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 14, 2016

Child support in California is calculated using a Computer Program that uses a very complex mathematical formula to determine child support. The Dissonaster calculation factors in the income of each parent, certain special child raising expenses, a other special factors, as well as the timeshare... Read more »

1 Answer | Asked in Family Law for California on
Q: If my soon to be ex wife is trying to make me pay for two kids I did not father during our marriage because she cheated

How can I show the courts not to make me pay for these kids

Susan G. Cohen
Susan G. Cohen answered on Jul 13, 2016

It is possible in a California Dissolutuon or child support action to challenge paternity. But if the children were born during your marriage they are presumed to be your children under California law, in most cases.

1 Answer | Asked in Family Law for California on
Q: If I give up my rights to my son and his mothers husbands adopts him what rights and obligations do I have?
Susan G. Cohen
Susan G. Cohen answered on Jul 13, 2016

in California, none, unless you and the adopting parent enter into an agreement as part of an open adoption.

1 Answer | Asked in Family Law for California on
Q: I have visitation/custody modification hearing coming up.

After I filed my ex told me he wants to move my son out of state. I am not sure if I want to allow this just yet. How can I delay this for more time. Does my ex need to file anything with the court before the hearing?

Susan G. Cohen
Susan G. Cohen answered on Jul 7, 2016

There are pieces of your case that are missing from your question. If you have filed for a Dissolution of Marriage in California, AND if your husband has been served, there are Automatic Tempoary Restraing Orders that prevent him from removing the child from California. But you should still file... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: I signed my divorce decree almost 2 yrs ago while under extreme emotional distress. Is it too late to do ANYTHING??

I was divorced 8/25/2014 after 23 years of marriage. The day I put my signature on those paper's I had just gotten out of the hospital/treatment center for depression and anxiety. I was home no longer than 30 minutes when the papers where given to me and demanded to sign. I didn't even read it as I... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 7, 2016

You need to contact an attorney as soon as possible about whether it is still possible after two years to challenge the Decree as the product of fraud or duress. Tragically you may have waited too long to challenge the Decree. But at least make the effort as soon as possible.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: What steps to take as an (adult) daughter living with parents and the father is extremely abusive?

Important to note the parents speak little english and are chinese. Family is comprised of parents+two daughters, one 23 one underage.

Theyre technically legally divorced but live together.

The mother is hesitant to take action out of fear for her life.

The father is... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 4, 2016

From the way you have worded your question, it sounds as if you are a friend or family member. You are describing a very dangerous situation. If a minor child is at risk, you may want to encourage the mother or adult child to reach out to either the police or Children's Protectve Service. This... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Does a court still retain jurisdiction over someone if due process was violated but caught later in the case?California

I was lured to court by an improper ex Parte notice of a fraudulent complaint. While there for the complaint, I was then served a summons for child custody. I had no time to reward docs before judge heard the case and said this at the time. If the complaint is proven fraud, does the summons have... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 2, 2016

Your question is unclear. If family court gets jurisdiction because someone has appeared in court, the court may have jurisdiction for that case or hearing. Usually due process issues have to be raised by a party immediately. Could you provide more details, please.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: How can I proceed in keeping custody of my child in CA? Im a fit mother with a 2 yr old girl. Im from Ohio.

I have lived in CA for 10 years and left my ex due to abuse. I showed up to court on an ex parte with he and his attorney and its been downhill since. I am loosing custody to an abuser who has hired an attorney to abuse the system to obtain orders. Im a fit mother who has done everything right... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jul 2, 2016

Was there a trial in Ohio? If the Ohio Courts have already held a trial and entered custody orders, unfortunately the California Courts are bound by that order or judgment. It is very difficult get California even to accept jurisdiction if there is still a case pending elsewhere. Your local... Read more »

1 Answer | Asked in Juvenile Law, Criminal Law and Domestic Violence for California on
Q: If a 14 year old girl gets into a fist fight with her 48 year old mom what are the consequences.

The 14 year old doesn't have any bruises but the mom was scrapped by nails on arm. But mom did bang the girls head into the house wall multiple times. Would either of them go to jail

Susan G. Cohen
Susan G. Cohen answered on Jul 1, 2016

The 14 year old child would be subject to Juvenile Court Jurisdiction. Juvenile Court has discretion about how to deal with the child. The mother is an adult. Given the level of force you describe, it is likely that the local District Attorney might bring serious charges against the mother.... Read more »

1 Answer | Asked in Family Law for California on
Q: I have visitation on Wed for my girl--her mom blocked my cell phone, and not sure where her whereabouts would be. Help

Also, my gf and I are planning a vacation (which happens to be on 2 of my visitation days) I let my daughters mom know 3 months in advance and she's threatening to file something against me. Is there anything I can do?

Susan G. Cohen
Susan G. Cohen answered on Jun 29, 2016

A lawyer will need to review the exact wording of the existing court order. Does it say anything about girlfriends? Send the Mom a letter by priority mail, so it can be tracked. Say in the letter what you believe your visitation rights are, and state the specific date and times you want to pick... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: How to handle a case that is dragging due to my ex requesting many continuances and not cooperating w/ an order?

I have an 18 month old, my ex manipulated me into accepting a support based on my base salary vs his base salary and smith-ostler on his additional income ( he makes between $250 - $350k in annual commission and has for years). However, he has broken the order and has not paid Smith-Ostler,... Read more »

Susan G. Cohen
Susan G. Cohen answered on Jun 28, 2016

An attorney should review the court file to see what the exact language of the court order says. You may be able to ask the court to give you a judgment for any unpaid arrears. If you have to bring on a motion to enforce the existing order, you or your attorney should ask for Attorney's Fees as... Read more »

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