Angelina Bradley's answer If you’re saying the custodial parent is not actually on physical custody of the children, you may have grounds to request a modification of support. But that facts aren’t entirely clear here. You’ll want to consult with an attorney in the state that issued the support order.
Angelina Bradley's answer You will need to consult with both a California attorney and a Kansas attorney to determine what your rights are given your specific situation, and then make a choice for yourself which you believe will be in your best interests.
You can find many attorneys in the San Francisco Bay Area who can provide you a consultation.
The issue you're going to run into is jurisdiction. There is a law that states that only one state gets to make child custody orders: the state where the...
Angelina Bradley's answer It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?
If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...
Angelina Bradley's answer Bring your order to a family Law Attorney for a definitive answer. Generally, “reserving jurisdiction” means the judge is saying she can still make decisions on the issue later. All “present orders remain in effect” means that any orders that were already in place stay in place. “except as provided below” are the changes the judge made to the orders”.
Angelina Bradley's answer The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have good arguments for why those should be supervised.
If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you...
Angelina Bradley's answer Go down to the court's business office/clerk's office with your case number. They can pull up your case and allow you to view your file. If you'd like copies, they can make those for you for a fee.
Angelina Bradley's answer If you refuse to go to court, then yes, you have to keep paying child support and they can keep denying you custody.
You need to make a choice. You can go to court, get the child support modified, and ask for custody back. Or you can keep things the way they are. Child support will continue to be due, and if you don’t pay it, they can freeze your bank accounts, suspend your drivers license, and take your tax refunds.
If all during the marriage, and payments made with employment income, then regardless of title, it’s community property. You could keep the car and pay an equalization payment to her for her share of the value.
If possession of the vehicle is at issue, you should file a request for order for property control. Head to your local family law facilitator’s office for assistance, or, reach out to an attorney to help. If...
The permanent order has already been entered. This means you need to either file a motion to reconsider or an appeal. But since you didn’t show up to your hearing, you’re going to a have a rough time of it succeeding in an appeal.
The usual methods of setting a rehearing don’t sound available based on your description of the facts.
So you should get an attorney who specializes in family law...
You should consult with a family law attorney for the jurisdiction your order was written. I see you're in South Carolina but you're posting to the California family law section. Find an attorney that practices where the order was written, bring a copy of your order to the consultation, and discuss what is happening and what you would like moving forward. The attorney can give you the best advice...
Angelina Bradley's answer You should consult with an attorney about the specifics of your case, but, to answer the question "What form...", the answer is a Request for Order to modify child custody and visitation.
You'll be ordered to counseling to try and work out a custody plan, and, if you don't agree, then the counselor will send a report and recommendation to the court. At the hearing, you'll make your arguments and the father will make his, then the court will make the final custody order.
Angelina Bradley's answer If you are an active duty service member with a cancer diagnosis, you will be processed through the Physical Evaluation Board process. The Navy will determine whether your cancer significantly interferes with the performance of your duties. Depending on how disabled you are determined to be (by the VA) you could be either retired or separated with a severance.
My office practices in this area. If you need additional assistance, please reach out to me.
Angelina Bradley's answer The only way to be dishonorably discharged is if it is awarded at a general court martial. Is it possible? Yes. Each missed drill is an Unauthorized Absence. They could choose to refer the charges to court-martial.
More likely is that they’ll administratively separate you, asking for either a General or Other Than Honorable discharge.
If they’re offering you to makeup your drills, you should ask if they’re going to make those UAs into AAs or if they’re just going to...
Angelina Bradley's answer You’ll want to check your judgment. In most cases, the court will retain jurisdiction over enforcement of the judgment, and your 401k was probably divided as part of that judgment. Assuming that’s the case, you should be able to submit at stipulation and order signed by both parties that confirms the 401k as your separate property. As it probably holds some value, I’d recommend you consult with an attorney to make sure what you submit to the court will be sufficient. If it’s an...
Angelina Bradley's answer It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.
As for what you can do, if she refuses to comply, and the order doesnt bar travel out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of...
Angelina Bradley's answer Can you? Yes. Your odds will likely be better with an attorney on your side. And the family code (FC 3557) permits you to recover attorney fees because you had to bring a motion to collect court-ordered support.
You will need to file a Request for Order for enforcement of support and setting of arrears. You should probably ask for an income withholding order. You may have additional options.
If you must move forward without counsel, please go to your county’s family law...
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