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We have been divorced since my son was 3. His dad recently remarried and had twins all within 1 year. It's been a big adjustment for him, and he prefers being with me. His dad is not very emotionally available, and son states he feels he can't talk to him and that he is "mean and not... View More 
answered on Jan 6, 2017
Under these facts it may be difficult to modify custody and visitation. The court would probably order therapy first. If the father doesn't want to go to therapy, filing for modification may be appropriate. Discuss whether you should file to change custody with a family lawyer. Parents need to... View More
Our children in question are 11, 8, and 3 (2 boys and a girl, respectively). The studio is a converted 16x16 detached garage. It is insulated, has heat, a dining area, a refrigerator and freezer, a queen sofa bed for the boys, and my daughter is three and sleeps with me when they visit. I have... View More
answered on Jan 6, 2017
Children should have their own bed. The issue may be the living in a converted garage, which I doubt is permitted. Finding out if the city permitted the garage before doing anything. Although the court gives a lot of latitude when it comes to living arrangements, an unpermittef garage may not pass... View More
Am fully capable of taking care of her?
answered on Jan 6, 2017
There generally needs to be a substantial change of circumstances for a change in custody to be made. If the medical condition was factored into the original custody orders, it's unlikely a change would occur. Also, you state you're able to take care of your daughter, which is important.... View More
I have her ss # and possible bank accountsaccounts
answered on Jan 6, 2017
If you haven't done so, consider starting with propounding discovery, and then subpoena bank accounts if she is does not comply. Also, consider filing a motion to compel if she doesn't disclose the information. Hiring a family law attorney can represent you dealing with these issues.
answered on Jan 6, 2017
With automatic temporary restraining orders prohibiting the transfer of money and property except for ordinary daily expenses, you would most likely be in violation of temporary restraining orders. The orders are in place if a case is filed. There is more flexibility to make transfers prior to... View More
I need to file for conservator for my 91 yr old mother. She is consenting. Also, I am her successor trustee of her trust, executrix of her will and POA for both Health and Financial.
answered on Jan 6, 2017
The probate court assumes jurisdiction over conservatorships. If your mother had a family law case, a judge would require you to get a conservatorship in the probate court so the conservator could speak on her behalf in family law court.
My ex refuses to let me see my children due to a mix up between my employer and and ORS with my child support payments
answered on Jan 6, 2017
Your ex should not keep the children from you in violation of court orders for not receiving child support. There are other avenues to deal with the financial issues. Discuss filing a request for order and possible contempt charges with a family law attorney.
Me and my ex gf have two kids I pay child support before I moved from California I supported them 50 50 we share custody is it illegal for me to go get them from california so they can live with me in Alabama help I don't want to do any thing illegal
answered on Jan 5, 2017
You will probably need to file a request for order for child custody and visitation in the form of a move-away request. The longer the children stay in California, it will be more difficult to prevail on your request. The age of the children will be factored into the analysis. There are many... View More
Hi, my sister got impregnated by a married man, and he wants to keep it a secret. He lied to her about his other family, and has cut off all contact with my sister a few months before the baby was born. Right now, my sister is living with the family. But my dad's business is failing and about... View More
answered on Jan 6, 2017
Filing a paternity case and asking for child support from the court would be her avenue of relief. Although the father wants to keep the child a secret, he doesn't have much choice when it comes to child support. Your sister may file with the court and seek financial assistance. She can also... View More
Family Law/Custody
answered on Jan 6, 2017
Making the request in the request for order and a declaration about the circumstances surrounding the child custody issues would give the judge information that would be considered in determining whether the court appoints minor's counsel.
I am currently starting the divorce process. My husband of almost 5 years has been sexually and emotionally abusive towards me throughout our marriage. Our daughter (then 2) saw him in a violent outburst. What worries me is that he will have another violent outburst and he will seriously injure me... View More
answered on Jan 6, 2017
The court will decide the move away issue at trial if he does not agree to letting you take the children out of state. If the past domestic violence was documented and there were police reports etc, you may have a better chance of persuading a judge. However, the court will most likely look to... View More
answered on Jan 6, 2017
You may want to ask the local bar association in your county if they can refer a pro bono family law attorney. However, few attorneys perform pro bono work. You may want to see if a local lawyer will handle some or all of your legal issues on a limited scope basis instead of coming up with a... View More
On the custody agreement it states "the recieving parent shall pick up the child from the other parents home." does this mean the recieving parent has to always be there to pick up the child or are they able to send someone else to pick up the child?
answered on Jan 6, 2017
I see courts wanting parents to co-parent. Since work hours, for example, can interfere with picking up a child, relying on a grandparent, step-parent or other adult is important for the facilitation of the pick up and drop off. The short answer is a parent should be able to send another person if... View More
answered on Jan 6, 2017
Ask the Riverside County Bar Association if they know of attorneys that handle pro bono cases. Not many attorneys do. Consider hiring a family law attorney on a limited scope basis to reduce the costs.
My Name not even being on the birth certificate as the father or my kid having my last name
answered on Jan 7, 2017
The Department of Child Support Services filed with the court and obtained court orders. If you were not involved in the court process for whatever reason, you should look into obtaining a DNA test if you still have time to do so. It's irrelevant that you were never married nor have the same... View More
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