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The parties have been separated for 2 years husband resides in home has until 2020 to buy Xwife out. Xwife continues to come over unannounced and has her things stored in a garage refusing to move them. She says it's her right because her name is still on the house.
answered on Aug 25, 2017
The judgment should provide guidance about access rights. There is a term called exclusive rights to the community residence, and it sounds like the occupant of the home has the exclusive right to use the home without the other person coming over, but without more information we do not know what... View More
According to everything I've read I should have sole custody since we never married but my ex won't even let me near my son. Can I get a stand by assist from an officer to have my son returned to me?
answered on Aug 24, 2017
You may need to file a paternity case and request for order for child custody and visitation. Law enforcement will have difficulty helping if there are no court orders, but it's at least worth asking. There are many factors to consider for sole legal and sole physical custody. More facts are... View More
May I legally see them
answered on Aug 23, 2017
If there is a domestic violence restraining order order in place or a temporary restraining order, you cannot see them under most circumstances. You need a lawyer to review the orders, if there are any. You may need to file a request for order for child custody and visitation. If this is just an... View More
answered on Aug 23, 2017
I don't think lawyers will contact you for being hired since there are some ethical concerns. If you're in Los Angeles County, consider getting a referral from the bar association. I just don't think lawyers will be contacting you due to ethical concerns. Also, there are not many... View More
i am a low income mother and i wanna get a full custody of my 4 year old son after getting my marriage terminated. then will my ex be supporting our child even if i get the full custody?
answered on Aug 23, 2017
If there is a good reason for the court to award full/sole custody to you, then it's possible to get it. However, the court will not grant it if there are no circumstances justifying it. It's very common for parents to receive joint custody in average circumstances. It's possible... View More
for any extracurricular activity that will interfere with the other parent's parenting time without prior consent. This year is the first year that THAT has been in effect. The ex though still signed up their daughter for sports even after they have both discussed and he had said no. She... View More
answered on Aug 23, 2017
One obstacle your husband may encounter is that he didn't object and immediately take action, such as a request for order since it sounds like this occurred two years ago. The court might have a hard time taking the child away from the extracurricular activities she has been engaged in. Also,... View More
answered on Aug 21, 2017
If you need to file for a domestic violence restraining order, visit the court's self-help center online or at the court. There may also be a legal aid nearby that may help. If you're a victim of a crime, call your local police department. More facts are required to provide a thorough analysis.
Child support is still being deducted from my husband's pay check for both children. We just want to know if the 18 yr old support automatically terminates, how long until it happens, or does he have to petition to gave it removed? He wants to send her money for college directly now that shes... View More
answered on Aug 19, 2017
Carefully read the court order in place since the language may not be specific. It's possible that he needs to file to terminate it. More facts are required to provide a thorough analysis.
He admitted to putting his hands on me & also can i give The courts the pictures of my injuries so they can use it against him in his court case ? Also how can I get full custody of our son
answered on Aug 19, 2017
It's possible he could serve jail time, but it depends on what his criminal defense lawyer negotiates with the district attorney. You may want to call the district attorney's office to let them know you are a cooperative witness and your desire for punishment, etc. You may need to file... View More
we have been married 14yrs,and i have not filed the divorce papers yet,but i am loosing my job and going broke.
answered on Aug 19, 2017
You may need to file for divorce with the court and request a trial date. Since it sounds like you are unable to hire a lawyer, visit the court's self-help center at the court and/or online. They may provide some assistance. More facts are required to provide a thorough analysis.
Me and my wife are seeking a divorce but lost on what is the best, fastest, most time efficient and less complicated approach? (I know it's six months wait either way)
We both have been married less than five years, no children and only a car loan debt we have. Is it better if we both... View More
answered on Aug 19, 2017
The link should be helpful from the court. http://www.courts.ca.gov/1241.htm
California uses the term judgment and not decree.
Accusing me of when the judge doesnt even bother looking at evidence i have that proves they are lies and mother never has evidence/proof to back up her claims. The mediator initially made a very inacurate report for the judge based on heresay and was incredibly biased due to the mothers... View More
answered on Aug 19, 2017
You may not have presented your evidence pursuant to the local rules, etc. If the judge recently ruled on the case, you will be facing an uphill battle. Consider retaining a local family lawyer to represent you. More facts are required to provide a thorough analysis.
& that father is giving the mother money for the child without a court agreement?
answered on Aug 19, 2017
Without court orders a parent can technically move to another state. However, that doesn't mean the moving parent will be successful with the move if the nonmoving parent files for immediate court orders. If the nonmoving parent acquiesces in taking action with the local court, the other state... View More
He owes over 15 thousand already in back child support..he pays then a year later quits his job and moves out of state..I wanted to see if there is a way to hold in contempt of court?
answered on Aug 19, 2017
Intentionally quitting a job will not get him out of his child support responsibilities. You may need to file an affidavit of contempt. If the Department of Child Support Services is collecting, discuss the issue with them. More facts are required to provide a thorough analysis.
I won sole legal and physical custody in 2012 of my then 11 and 13 yr olds. Father got court supervised visits which he attended 3. We heard nothing from him until he served me for custody in Oct 2016. The girls had not seen or heard from him in 4 1/2 yrs. He asked for a 730 and it was not granted.... View More
answered on Aug 19, 2017
Mediation is usually required prior to making orders or modifying orders. I suspect the judge will order the parties to attend mediation. Anything is technically possible, but mediation sounds appropriate prior to orders being made. Since the child is 17, I think that is an important fact. More... View More
answered on Aug 19, 2017
You may need to file a request for order for child custody and visitation. You may need joint legal custody orders to deal with school related issues. Consult with a family lawyer or visit the court's self-help center. More facts are required to provide a thorough analysis.
Two months with the father who served her as the petitioner take the child cause there is no court date set yet and keep the child away from father And what should a father file or do when mother won't communicate at all and now it has been 10 days since the sheriffs served her and she... View More
answered on Aug 19, 2017
You may need to set a court date to obtain child custody and visitation by filing a request for order. Consult with a family lawyer or go to the court's self-help center. More facts are required to provide a thorough analysis.
Im allowed by the court to take him on mondays to school on my weekends. Is that mon, tues like my weekend so i can take him Wednesday to school?
answered on Aug 19, 2017
The language of the court order is controlling. If you don't have specific orders, it probably ends in Monday or Tuesday. More facts are required to provide a thorough analysis.
i have already filed for my divorce and asked for 50/50 but the father isnt coming around at all, we have a court date coming up. He also hasnt responded and isnt planning on paying to file a response
answered on Aug 19, 2017
You may need to amend your paperwork and proceed through default if he doesn't respond. Depending on when the court date is, you may need to let the judge know of the current situation and you may be able to obtain temporary orders. More facts are required to provide a thorough analysis.
answered on Aug 8, 2017
More information is required to provide a thorough analysis. Domestic violence cases in general cover a broad area of the law. In general, it's possible to "open" a domestic violence case even if the facts arising out of the issue occurred more than six months ago.
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