Get free answers to your legal questions from lawyers in your area.
N/A
answered on Aug 14, 2020
You need to contact an Employment Discrimination Attorney who handles claims under the Americans with Disabilities Act (ADA) as soon as possible. You also need to be sure that you contact an attorney who handles Workers Compensation Claims for Assistance. There are provisions in both of these... View More 
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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... View More
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.... View More
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... View More
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.
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... View More
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.... View More
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... View More
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... View More
How can I show the courts not to make me pay for these kids
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.
answered on Jul 13, 2016
in California, none, unless you and the adopting parent enter into an agreement as part of an open adoption.
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?
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... View More
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... View More
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.
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... View More
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.... View More
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... View More
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.
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... View More
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... View More
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
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.... View More
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?
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... View More
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,... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
