I want the sole custody of our daughter, however I was just informed he was not free to marry per child support and he need to establish paternity. Bad divorce he is with the mistress and giving me and current partner hard time. Mediation he only wanted 50% legal because he doesn't want her to... View More 
answered on Sep 13, 2017
It doesn't sound like what he was asking for is unreasonable since it's not a lot of time, but more facts are required to provide a thorough analysis. Keep in mind judges could potentially grant him more time if the facts justify it, but more facts are required. The restraining order... View More
My ex and I had a 50/50 verbal schedule for my 3 year old daughter. Until mediation, she will not return my daughter on days that I should have her and will only allow supervised visitation in her house. I bought my daughter an iPad for Christmas last year, I allow for her to take it to... View More
answered on Sep 13, 2017
The good fact is that you made a 50/50 agreement. The lack of follow through on the other parent will be questionable to the judge unless there is a good reason for supervised visitation. Filing a request for order for child custody and visitation is likely the necessary action to take which it... View More
I have the bank statements how come she got it
answered on Sep 12, 2017
You may need to file a petition for probate in the probate court. That's the court that deals with property issues upon a person's passing. The following link should be helpful. http://www.courts.ca.gov/8865.htm
Definitely seek a consultation with a probate lawyer. Time is of the... View More
So my wife and I are separating. She is more than likely filing for divorce. We've already been to court back in April this year as she filed for a restraining order against me. The restraining order was denied in court and we were both given joint legal custody of our 1 year old daughter. We... View More
answered on Sep 12, 2017
The domestic violence conviction does not help your case, but it's still possible to obtain joint legal custody and physical custody. It's difficult to predict what a family court will do, especially with limited information. In any event you are not seeing your child and would like to.... View More
guardianship until he finished required visits, which have been fulfilled. The grandparents filed an EX parte for custody. Can a judge reverse his decision once he has made it? The mother of child is a felon and drug addict, who originally had custody. My son has never been arrested or had drug or... View More
answered on Sep 8, 2017
The judge will do what's in the child's best interest. If there is an ex parte emergency, the judge will have to determine if it is truly an ex parte. More facts are required to provide a thorough analysis.
and instead of moving in that direction i'm asked for more money and bank statements.
answered on Sep 7, 2017
The other party might be asking for this information, and this is the discovery process. Your attorney could be preparing for trial. If you know your ex wants to settle the case, and the terms are acceptable to you, the case should be settled quickly with a stipulated judgment. However, if your ex... View More
Contact them she filed a restraint odder left me for homelless what can i d o
answered on Sep 7, 2017
You may want to visit the court's self-help center for help with filing legal documents. You may need to file a request for order for child custody and visitation. Delaying filing paperwork with the court probably is not a good idea. Homeless people can still file paperwork with the court, and... View More
My wife and I got into a verbal altercation while vacationing in our previous city of residence. She stayed there and took my son and is not allowing me to visit him unless I'm supervised by her. Assuming I don't want a divorce quite yet, what are my options for seeing my son again... View More
answered on Sep 7, 2017
Filing for legal separation might be an option. Filing a request for order for child custody and visitation is probably a good idea to obtain the relief being sought. There are judicial council forms to fill out. Preparing a declaration will also be necessary. You may visit the court's... View More
I am not sure what to do. I have no money and I live at my uncle's house. I have a room for my kids with all the necessities. She is saying I can not have the kids spend the night until I have a job and a place of my own. I was the primary parent in many ways and I went from doing almost... View More
answered on Sep 7, 2017
You might be able to receive spousal support (alimony) from her. If she hasn't filed for divorce, you might be able to file for divorce and file a request for order for child custody and visitation along with a request for spousal support. Consult with a local family lawyer to determine... View More
My soon to be ex wife is a family law attorney, and has told me that we do not have to have the child custody written out-is that a good thing or is it better to have it written down? Or does it matter?
answered on Sep 3, 2017
Parents that are able to coparent well may not need to have a detailed parenting plan. However, some parents need one for law enforcement to enforce. You may not need one now, but it could be possible that you need one in the future if issues arise. If there are support issues, having a written... View More
My newly ex husband sent divorce papers to his mom in which gave them to my mom & than gave them to me. Decree of dissolution of marriage w/out minor children, filed 4/17/17. I was never served or signed anything ever. Is this even legal ?
answered on Sep 3, 2017
You may want to ask some pro bono/legal aid agencies in Phoenix if they can help you. However, I think a lot of the agencies require that you live in their jurisdiction, but it doesn't hurt to ask them. California lawyers who are not licensed in Arizona won't be able to comment, and... View More
Wife wants to file the paperwork for divorce. If she files, instead of me, will it affect my being able to negotiate child custody, spousal support, etc?
answered on Sep 3, 2017
The person who files the case, known as the petitioner, does not gain an advantage in a divorce case. If she is in another jurisdiction it could be an issue as far as what court has jurisdiction when a moving party files, but it doesn't sound like that's an issue. Being the respondent or... View More
My fiance went to jail on a 2 year ago issue. He had joint legal custody and visitation. Now the ex girlfriend wamts to take full legal and physical custody will the judge grant that knowing he will be out in 2month
answered on Sep 1, 2017
Since your husband will be out of jail in a couple of months, I suspect the court will make orders when he is out of jail. The mother would have been in a better position to ask for this two years ago when he was in jail, but making this request now appears to be late. However, a judge could still... View More
Emergency stop move and it was denied. Can I move? Will I be in contempt of court?
answered on Aug 31, 2017
I know you will not want to hear this response, but more facts are required to provide a thorough analysis. Uncertainty exists with the court denying his request to stop you from moving. You could be in contempt of court for violating a court order since most orders require permission from the... View More
MY 22 YR OLD DAUGHTER LIVES IN CA. SHE HAS A 2 YEAR OLD. BOYFRIEND LEFT HER SEVERAL TIMES STRANDED WITH NO MONEY. HE IS NOT SUPPOORTING HIS CHILD EITHER. SHE WANTS TO MOVE HERE WHERE HER FAMILY IS WITH THE BABY. THEY HAVE NEVER BEEN THROUGH COURT FOR CUSTODY AND THEY ARE NOT MARRIED. HE DOES NOT... View More
answered on Aug 31, 2017
The ideal situation occurs when one parent asks the other parent if he/she can move with the child to another state. In general, the parent not requesting the move will most likely file to establish custody and visitation in his/her home state (CA). Some parents learn that if they allow the other... View More
answered on Aug 31, 2017
Your ex wife can ask, and she will probably receive an increase in child support since you are allegedly not spending time with your daughter. Spending time with a child is a very important factor in determining child support. The amount of time a parent spends with the child will impact child... View More
Due to neglect from my ex wife. My children have had access to alcohol, causing ER visits. As well as access to a marijuana oil smoke pen of some kind. I am seriously considering trying to get 100 percent custody of my children with supervised or limited visits from their mom. My children are... View More
answered on Aug 31, 2017
If you have not spoken with a social worker about this issue, you will probably need to file a request for order to modify/change custody and visitation. There are many factors to consider, and more facts are required to provide a thorough analysis. It will be difficult to find a pro bono attorney,... View More
National certification. I have a signed contract that is contingent upon my successfully passing my boards. If I apply for a legal separation from my husband, is he entitled to half of my contract or do I need to be legally divorced? Can he sue me for alimony? He is now retired. How long would I... View More
answered on Aug 31, 2017
I agree with my colleague. More information is required surrounding your contract issue. I suspect your concern is paying spousal support (alimony) to your soon to be ex husband. It is possible that you may pay spousal support, but a complete analysis is required to determine whether you would pay... View More
i filed . he responded . but he didn't fill out a form. he hasn't truly spent time with our child for 2 years now he wants 50 50 custody and isn't doing anything about our divorce
answered on Aug 31, 2017
The link here might help you find a pro bono attorney in your area. https://www.justia.com/lawyers/family-law/california/stockton/legal-aid-and-pro-bono-services
If a legal aid doesn't accept representation, it may be difficult to find a pro bono attorney since a lot of pro bono... View More
My issue is my ex is moving about a hour out of town from me not to much of a issue but she didnt tell me or anything I found out she was moving a week before by someone else. At this point she is not responding to my calls or texts to see my son before the move she also went and set a mediation... View More
answered on Aug 27, 2017
It sounds like there is a request for order for child custody and visitation, but you probably want to file one if it's not for custody and visitation. You should look further into about filing a request for order withba sooner date and not necessarily listen to what someone tells you. Further... View More
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