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I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More 
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answered on Apr 7, 2024
She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More
My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More
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answered on Dec 30, 2023
If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More
If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials.
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answered on Dec 17, 2023
There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible... View More
My step son was born in mexico mom has not been involed in his lfe for a little over 2 yrs i am married to his bio father
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answered on Oct 27, 2023
If biological Mother has abandoned the child then you can apply for stepparent adoption. Biological Mother must be informed of the action and receive the opportunity to be heard. If she consents then the process is much easier than if she contests. In my experience biological parents who have not... View More
Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More
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answered on Sep 30, 2023
You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.
So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More
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answered on Sep 12, 2023
You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More
He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.
He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More
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answered on Sep 5, 2023
If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect.
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answered on Aug 17, 2023
You have to make diligent efforts to find him, i.e. friends, family, social media. If you can't find him, you could file a motion for substituted service to provide notice through publication in a newspaper. The court would not be able to handle support matters or divide out of state property... View More
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
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answered on Aug 4, 2023
Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.
My ex is asking for extra money to pay for daycare fees. I am already paying child support. Am I expected to pay for half the daycare expenses too? My child is in the state of Colorado
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answered on Mar 2, 2023
Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.
My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.
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answered on Feb 13, 2023
A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More
Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?
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answered on Jan 24, 2023
Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be... View More
How will the respondent know the jurisdiction is changed?
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answered on Jan 22, 2023
It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.
The other party has to be notified of every document filed in a case.
My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... View More
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answered on Jan 5, 2023
One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... View More
She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More
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answered on Dec 21, 2022
It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.
My children have had cell phones for a few years, with screen time limits and certain apps blocked. Their mom never approved and told the kids not to take them to her house on the weekends. They've always been able to contact her on my phone whenever they want. Now that they are in high school... View More
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answered on Dec 13, 2022
There are no laws about when phones have to be available and parents are generally expected to be able to reach agreement. There are parental coordinators and decision makers who can assist parents in reaching agreement on matters that do not rise to the level of court intervention. The general... View More
So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... View More
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answered on Nov 27, 2022
You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... View More
I just need to know what forms to fill out to send in to get it on the docket for a judge to hear. I am hoping that my son will come with me but his father wants someone else to decide if he can come with me.
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answered on Oct 31, 2022
You will have to have consent or a court order and will have to file a motion to relocate. The Court has to consider several legal factors with a relocation so you will not find a standard form to complete.
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answered on Oct 31, 2022
All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.
He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... View More
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answered on Oct 31, 2022
It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.
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