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We have a 4 year old daughter..no divorce paperwork has been filed as of yet. I came to California temporarily because i had an opportunity to be in a band that does Vegas shows and would've been very lucrative. I searched near my home in Michigan for a long time and could not find a job. I... View More 
answered on Jan 9, 2017
Since this question pertains to a hot issue in family law court (move-away/relocation) you need a consultation with a family law attorney. An attorney would need to explore your living situation in California, and it's a good fact that you're living in California now. There's a... View More
I have court tomorrow and I volunteer to get a restraining order on him and got a doctor note that I have able to watch my kids because I got surgery 2 months ago and he said I can't watch them I try to enroll in classes said I can't need court form any advice how to get my kids back ?
answered on Jan 8, 2017
Attorneys will need more information to answer this question since more facts significantly help attorneys answer questions. One fact could change the entire analysis. Here, it sounds like you were the victim of domestic violence. I'm speculating that the Department of Social Services is... View More
California, Ok my daughter had been living with her dad for 2 years and I was helping him with her with no court order involved now she lives with me and I just filed for child support because her dad hardly helps me, now he threating me that he is going to file for me to pay him child support for... View More
answered on Jan 8, 2017
It sounds like court orders will be needed in this case to alleviate the tension. There is going to be initial tension since it sounds like he is going to contest custody. The father is allowed to file for custody and visitation just like a mother is allowed to. Although the child was living with... View More
answered on Jan 6, 2017
The department of child support can collect child support from the father even if you don't want them to if you're receiving benefits. There generally needs to be a signature to receive benefits.
I am recently divorced and have decided to go through the DA for child support issues. We have court mid december. My ex pays nothing ($200 total) for our two young children. He bought a new bmw and has notified me of his new address where he just moved into his own apartment. How can I prove he... View More
answered on Jan 6, 2017
Consider propounding discovery for the application of the lease. Ask the department of child support what their position is on that, and if they will look at it.
In California, a domestic dispute occurs between a boyfriend and girlfriend living together and the cops are called by a neighbor. Both the female and male had injuries (female had red marks on butt and bruise on arm and male had scratch marks all over) both did not want to press charges however... View More
answered on Jan 6, 2017
Unlikely the police will face misconduct or negligence charges since this occurs all of the time and there are some government immunity protections they have (but not all). The police generally arrest somebody when they come out to a scene and see alleged domestic violence. Neighbors call the cops... View More
I have proof of my sons fathers anger as far as recordings, letters from witnesses, & pictures of abuse and I would like the judge to see them before we have court.
answered on Jan 6, 2017
Although you have been to court by now, filing a declaration with the court and serving the parties is the way a person can communicate to the court. Attach exhibits to support any evidence in case you have future court dates.
Sons dad has filed paperwork to take me to court for Custody
My boyfriend and I have lived together off and on for 2 years and currently reside together.
My ex and I have been separated for 6 years.
My boyfriend and I have had a rocky relationship at times and there has been... View More
answered on Jan 6, 2017
The court does not want children to be around domestic violence abuse. There is a possibility that custody could be limited if he has enough evidence to prove his case. The facts need to be explored more thoroughly, but he may have difficulty proving his case based on what has been said in the... View More
He does pay child support. I got married and want to give her my married name. we are having a child and I dont want her to feel left out.
Not asking for adoption just change last name
answered on Jan 6, 2017
If the father does not agree to change the name, you may need to file a request with the court. The longer a parent waits to change the name, the more difficult it is to change the name since the child gets accustomed to the name. Name changes are difficult issues with the court. Seeking an... View More
I have filed for divorce and both names are on lease of rental. But i been sleeping on the couch and i can only sleep in bed if she is at work but if she is sleeping i cant come to the bed. Now we not doing intimacy or even touching but she feels at this point we r separated and i am invading her... View More
answered on Jan 5, 2017
This is a delicate situation. If she doesn't want you in the bed with her, you may want to avoid conflict and take the couch. Although the bed is a community property asset, your wife could make up an allegation and possibly obtain a restraining order. Although there is a possibility of a... View More
The judge gave 30 days to respond back if I didn't he make any decision of he'd choice
answered on Jan 5, 2017
If you did not respond to the divorce, your ex probably filed for default. Default is the procedure used when one party does not respond. If you did not receive any paperwork, perhaps your ex did not default you. Check the courthouse with the case number on the paperwork you do have. Ask the... View More
I did class in it got dropped so canthe family court still find me domestic still in can I get physical custody of my child
answered on Jan 5, 2017
Although I see this question was asked a while ago, a parent can still get custody of a child with domestic violence on the record. It may take some time to get a lot of custody and each case is unique with specific facts. Consult with a local family law attorney for more guidance.
answered on Jan 5, 2017
As each day goes by, the reporting period gets weaker. Some people have not reported right away, and a case can still be made. The facts and evidence of a case are specific and need to be analyzed. Sometimes reporting violence is important and seeing what happens will have to be the way it goes.
We have joint custody but he lives with his dad and makes about 2,000 more than me a month. I live on my own. Will I still qualify for child support?
answered on Jan 5, 2017
The short answer is that it sounds like you would get child support since he makes more money than you. Even if there is 50/50 custody, it's possible for one parent to pay the other when one parent earns more money.
Her can I report her or what can I do? Because she doesn't buy her diaper or food . We do. She lives with us not her
answered on Jan 5, 2017
It sounds like he may need to file a request for order to modify or change child custody and visitation and child support. Seek a consultation with a family law attorney. Visit the court's self-help center if he can't afford a lawyer. He should probably hire a lawyer at least on a limited... View More
I recently re-opened a child support case where the judgement indicates the father of my children needed to pay $601.00; however he has only been paying $250.00; therefore there is an outstanding balance for the difference of what he should have paid and what he actually paid. The father is... View More
answered on Jan 5, 2017
It's unlikely a judge would dismiss the child support arrears unless there was an agreement that can be proven. If there was no agreement and no evidence, it's unlikely the arrears will be dismissed.
answered on Jan 5, 2017
Consider contacting a local bar association for a referral, but there are not many lawyers that handle pro bono cases. You may want to consider hiring a lawyer on a limited scope basis if it is the type of case that limited scope would be appropriate on.
I filed a court order with the department of child support services against my husband who no longer lives at home, when we both go to the court hearing, do I need to have a lawyer or can I go to the court hearing without a lawyer
answered on Jan 5, 2017
You are able to go to court without a lawyer, and many people do this because not showing up to court at all could jeopardize your interest. The short answer is yes, you may go to court without a lawyer. If you think you need a lawyer, consider hiring one on a limited scope basis for the hearing... View More
answered on Jan 5, 2017
Taking immediate action to set aside any orders quickly is critical. If you have been paying child support for a significant period of time, you may be unable to set aside a judgment. Seek a consultation with a local family law attorney immediately.
We have not finalized our financial settlement yet. He doesn't think he has to pay the mortgage. He makes twice as much income that I do.
answered on Jan 4, 2017
If you have exclusive use and possession of the home, he would most likely claim the rental value of the house. However, you state he makes twice as much income as you do. You may want to consider seeking spousal support, and the support may be in the form of the mortgage payment. This area gets... View More
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