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she just served me with some paper work and we're going to mediation on the 28 I don't want her to take off with my kids what can I do?
answered on Dec 2, 2017
She made a move away/relocation request with the court. These are some of the most challenging cases in family Court due to the consequences of the court’s order. I’m confident her attorney knows the rules, etc. You should hire an attorney for this case since you may not know the details for... View More
best interests of our children. Am I required to pick up my children there or could a meeting place be arranged? The court order states the receiving parent picks up the children on holidays... Can this custody issue be revisited in court?? Thank you.
answered on Nov 21, 2017
It’s possible to revisit custody, but consult with a family lawyer before doing anything. Generally moves like this should be evaluated carefully. If he took the kids with him on a primary basis, you should probably act quickly. If you have primary custody, the judge will probably state that the... View More
Would this affect his custody rights if I was to submit an order to the court?
answered on Nov 20, 2017
Each case is unique. How he spends time with the children is critical. You can most likely come to a temporary agreement until he has a place to live. He has custody and visitation rights. Ask him where he intends to stay with the children if doesn’t have a place. The court will make temporary... View More
My wife and I own a home with equity. If we divorce does she have to split the equity with me?
answered on Nov 19, 2017
The parties can agree to any type of settlement they reach even if it doesn’t comply with California community property division laws, etc. If she doesn’t agree, you may have to split the equity. Determining whether the home is separate or community property is an important issue requiring an... View More
Drive out to her still now that she decided to move further away? Or does she need to meet me closer to where she used to live?
answered on Nov 14, 2017
The court will probably find that an hour away (especially for holidays) is not a huge issue considering the court can order people to travel to Arizona every other weekend to drop off the child if that parent lives in Southern California. Local traffic is bad and an hour is a very common drive.... View More
answered on Nov 12, 2017
Going to the Clerk at the courthouse is your best option. The custody orders should be in place, and you should have been notified if they were changed, but sometimes that doesn’t happen.
Both parties want a divorce there are no children involved assets have already been agreed upon and divided. Is it possible to go file for divorce without a lawyer. Both parties agree to not wanting a lawyer. How much would this cost?
answered on Nov 12, 2017
Based on your income, you may qualify for a fee waiver. The self-help center may be if assistance. Many offices handle these matters for a reasonable fee.
answered on Nov 4, 2017
There’s a possibility that the court will modify child support, and it’s possible you will be paying her.
answered on Nov 4, 2017
You should seek a consultation from a family lawyer. There may be a default judgment against you, and that could mean the case is over with no relief, but a consultation should help provide guidance. You may be able to respond and file,but more facts are required to provide a thorough analysis.
Court but she hired an attorney. What can the attorney have or say against me? I have not talked to her for 3 years so what can they have against me. I have proof of her and her boyfriend telling me and my girlfriend stuff wanting to fight my girlfriend because I have asked to see my son
answered on Oct 9, 2017
The attorney will advocate for the client. Attorneys are skilled at excluding evidence and making appropriate motions and objections. Courts will listen to the attorney for clear arguments. If the other side has a weak case, the attorney will help that person as much as possible. Both sides need to... View More
answered on Oct 8, 2017
Having a solid declaration is important. That attachment might be relevant to prove a specific point. However, analyzing the big picture is important. Sometimes litigants don’t always include every document for strategical purposes, but an attorney is in a better position to assess the situation.... View More
Am I entitled to anything. Or does he get to sell and walk away while I become homeless?
answered on Oct 7, 2017
You may have a community property interest in the house. In fact, it is likely that you have an interest in the home. More facts are required to provide a thorough analysis. Sometimes people sign away their interest in a property or something along those lines. These legal issues can get tricky.... View More
My ex and I share a child. I have physical custody. He is getting married and hasn't told me. He moved someone into his home where our child goes to visit him and did not tell me.
answered on Oct 7, 2017
It would be wise for a parent to notify the other parent about the marriage. Any parent needs to know about the people living in a house the child goes to. Custodial and noncustodial parents need to know about the occupants of the residence. More facts are required to provide a thorough analysis.
answered on Oct 7, 2017
There may be an issue with sole custody if the mother has sole custody without any court orders. If there are no court orders, it’s likely the court can order the dna test. There are circumstances when a court will not order a dna test, but more facts are required to provide a thorough analysis.... View More
answered on Oct 6, 2017
This area requires a thorough analysis of the facts. It’s possible that the court would preclude someone from being present if there are certain issues, but it really depends on what is going on. More facts are required to provide a thorough analysis. Many family lawyers offer a free initial... View More
His income:1,600 monthly
We have a baby on the way if she took him to court will they order more than 250 or decrease since we have a baby on the way. I dont work yet.
answered on Oct 6, 2017
It’s possible that his child support would decrease once his baby is born. However, he is not making minimum wage by making $1,600. The court can impute minimum wage to him which could potentially increase his child support since his is based off of a lower number. More facts are required to... View More
10 years I left the father of my children because of domestic violence. I went to live in a shelter with my children, and I never saw their father again. Now I am planning to apply for a passport for my children, but it seems that I need their father permission. Do I need to apply for their... View More
answered on Oct 6, 2017
If you were not married, you may need to file a paternity case. You may need to file a request for order for child custody and visitation seeking sole physical and sole legal custody if he has been out of the picture for ten years. More facts are required to provide a thorough analysis.
answered on Oct 6, 2017
More facts are required to provide a thorough analysis. Some people try getting out of support obligations, but that may or may not work. The court would need to look at the marital standard of living. The date of separation could be key, too. Filing for Divorce could provide a solid date of... View More
answered on Oct 6, 2017
Once his baby is born, it’s possible that your child support will be affected. Did the court make a child support order, and do you believe the court will order more? Do you believe the father is hiding income? More facts are required to provide a thorough analysis.
The children are 8 and 12 and the father has never been a big part of their life. Has never showed an interest in having custody of the children. Has only paid for court ordered child support 5 months in 8 years.
answered on Oct 4, 2017
The more significant reason is most likely not being involved and never showing an interest in the children. The children are older now and that has some weight. The court may order therapy, etc, prior to ordering custody. The court may order supervised visits to begin a visitation schedule. These... View More
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