Making him leave the residence is tricky because of the marital status. There's a presumption that the home is community property subject to evidence it is not. Filing for dissolution of marriage (divorce) is a critical step. You don't want a man that will rack up debt that you could be... View More

The judgment should explain notice requirements when one parent wants to move away with the child. You may need to seek permission from the court if the dad doesn't agree. However, it would be difficult for him to challenge a move since he's so far away. It's unlikely he can take the... View More

More facts are required to provide a thorough answer, but if you were married in the U.S., it is unlikely there is a reason to prevent a divorce from being obtained in the U.S. If you believe that you are not eligible for some reason or need to include more facts, consider consulting with a local... View More

If there is a domestic violence restraining order against you, it is unlikely that you can go back to the house, at least temporarily, if there was a kick out order. Also, property is presumed to be community property until a final determination is made. If community payments were made on the... View More

Your wife can technically deny visits (just as you could too if you had the children), but that's not a smart move on her part. The court will frown upon her conduct. Parents need to work together on a parenting plan. Unfortunately it sounds like you will need to file with the court to obtain... View More

If she is leaving your son with her husband, she may be finding suitable care for him while she is gone under her timeshare. You should look at the court order to see if it addresses this issue. There may be a right of first refusal when one parent is gone, but more facts are required to analyze... View More

Although you are not legally married, the judge will still order child custody and visitation for you. More facts are required to determine whether you would obtain sole custody. The fact that you are doing the things that dad's are supposed to do is a good fact on your side. I see that the... View More

You should be able to get your child exactly when the judge said you are able to get the child. However, there you may be a bit confused if you are asking this question, and perhaps the court did not make a clear order. If you don't recall what the judge ordered, visit the courthouse... View More

The short answer is that the license can be suspended for nonpayment of child support. Recreational licenses can even be suspended or revoked. Take a look at the link I am attaching from the National Conference of State Legislatures:... View More

More specific facts are required to provide a thorough answer. However, in general it is possible for a parent to pay the other parent child support when the paying parent has the child a substantial portion of the time based on the income of each parent. If the court ordered guideline child... View More

Consulting with a family law attorney is a great start, and most offer a free initial consultation. The question posted here is not very specific. An attorney would need to know if the parties are in agreement or whether this will be a contested case. There are multiple judicial council forms to... View More

The children will each need their own bed. There is no perfect answer when one parent has small living arrangements. The amount of bedrooms is not necessarily key. There may be some zoning regulations too in the jurisdiction. Also, each county is a little different with their positions. Consulting... View More

It is likely that there are protective orders in place pending litigation. Therefore, staying away is probably a good idea. More facts are required to provide a thorough analysis, but posting detailed facts on a public forum is not a good idea in case statements, etc can be traced back to you.... View More

There are many facts a family law attorney would need to analyze. It is unlikely that your ex could take the child out of state, but there is more of a likelihood if there are no court orders. If there is a case, automatic temporary restraining orders prevent a parent from taking the children out... View More

It would be difficult for the ex to file a divorce case against him if he has already filed. Perhaps she means she will file a response. Also, the ex is probably thinking of filing for a restraining order, but there are no facts posted here to analyze the case. People can't file to obtain a... View More

He will probably want to file for dissolution of marriage (divorce) instead of legal separation with the court (Hemet if that's where they're living). If they don't want to go to counseling to try and fix the relationship, divorce is likely the way to go. There are forms to fill out.... View More

When you file for divorce (or if she does), filing a request for order with the court for custody and visitation will be the initial step. Full custody is not guaranteed since the court will look to the best interest of the children. The fact that you are in California with the children appears to... View More

You may need to change the child custody and support that is ordered since current orders need to be complied with. Discussing the case for any probate question should be discussed with a probate attorney. More specific facts would need to be ascertained to discuss some legal issues. Obtaining a... View More

The first hearing was probably a request for order (RFO). RFO's are not trials. You may need to request that the case be set for trial. It sounds like negotiations have been going on, but when negotiations fail, litigation is generally necessary to move the case forward. It's not unusual... View More

There are circumstances when a concerned parent would be permitted to check out the other parent's residence. Failure to allow a check could give rise to suspicion as to why not. Each child should have their own bed. Therefore, bunk beds might have to do.