Get free answers to your legal questions from lawyers in your area.
Daughter is 17 and in her last year of high school. A few months ago, her father (and his then girlfriend) declared she was no longer welcome in their home (residence at that time). They have since broken up and he left. My understanding is he has relocated to Nevada, but I have no further details.... View More
answered on Aug 8, 2017
You may need to file a request for order with the court to change court orders. Consult with a local family law attorney. More facts are required to provide a thorough analysis. Ask the local family law attorneys if they offer limited scope legal services, especially on a case that doesn't... View More
With no custody order in place and I've had my child do I have to give her to her mother I want my child to go to the first day of school and have some normalcy in her life and the mother is being difficult telling me things and expected me to listen because she said so where do I stand, I... View More
answered on Aug 8, 2017
Parents should attempt to work out their own agreements. However, that can be difficult when each parent has differing viewpoints. Not having custody orders certainly places the parents in a difficult situation. The police will be unable to enforce child custody issues without court orders, but the... View More
I paid her more than I had to for years, I lost my job, cashed in my 401k and still paid her. After a year of unemployment, I ran out of money and my wife paid the child support for months. I started working again, but way less money. Either way, she has limited my contact with my son. We are in... View More
answered on Aug 4, 2017
Your request seems reasonable. Filing a paternity case in California along with a request for order for child custody and visitation appears to be your next steps. More facts are required to provide a thorough analysis, including confirming California has jurisdiction, etc. Having court orders... View More
My oldest son was living with my ex for the school year but will be living with me next year. I requested tax returns and paystub from my ex for the purpose of having the child support modified. we usually do this out of court. he is now telling me I have to give him my financial info if I am to... View More
answered on Aug 4, 2017
Parties to an action may file discovery to obtain pay-stubs and tax returns. There is an informal discovery procedure where parents can exchange said documents. Both parents have a right to inspect these documents if requested.
I been on child support through the county for the past 13 years its been taken out of my paycheck. I come home yesterday and received a packet in the mail from the child support services department that a court hearing for this case has been scheduled for me. In the packet i have FL-685 i am not... View More
answered on Aug 4, 2017
The other parent could be trying to modify or change child support. The other parent may be trying to increase the amount of support. There could be other legal issues to address, such as if you are not paying something that is required. More facts are required to provide a better analysis. Do not... View More
answered on Aug 4, 2017
Parents may still be ordered to pay child support to the other parent even when there is a 50/50 custody order. Some parents are surprised to find this out, but it is certainly possible if one parent is earning a higher income than the other.
The due date for payment is still 100 days away
answered on Aug 4, 2017
More facts are required to provide a complete analysis. The filed agreement probably contains an order of the court, but it really depends on what the agreement states. The person may change his/her mind and honor the agreement. There are possible contempt of court remedies or possibly filing a... View More
I filed for child support with my sons dad and he was ordered to pay but the judge brought up the fact I haven't filed for it with my daughters dad...do I have to file with my daughters dad? Is it recommended?
answered on Aug 2, 2017
If you believe that you need child support from your daughter's father, then you should probably file for child support against him. You should consult with a local family law attorney to discuss the particulars. However, generally a parent will know when she/he needs child support. Since you... View More
My kids have been staying with me for 2 months now since my son and daughter say they no longer feel comfortable being around their mothers boyfriend due to his anger and abusive language, Their mother is currently looking to move away from her boyfriend but this will be the 6th time she has... View More
answered on Jul 31, 2017
Filing a request for order to change child custody and visitation is the procedure. An attorney would have to analyze all of the facts before determining whether a request for order should be filed, but it sounds like there is a lot of turmoil that the children are going through. Specific parenting... View More
I gave every opertunity for him to be apart of her life now child suport is going after him . she is turning three and now wants to try to get half custody. Cuz he has to pay child support
answered on Jul 31, 2017
Half custody may not occur right away, but there is a process to establish custody and visitation. There would probably be some type of reunification and a step-up parenting plan. More facts are required to provide a thorough analysis.
Mother of my daughter is moving from Irvine to Corona (From an apartment to living with her parents). She asked me to look at schools in Corona, but I fear that she will constantly be moving from city to city. I plan to live in Riverside for the next 5 years at least. I currently get my daughter... View More
answered on Jul 29, 2017
The distance issue is important. If your child will be closer, there is a good argument for more time. Since there are no custody orders, it's a good idea to get orders at a strategic time. It certainly sounds like a good fact for you that she will be moving to Corona with her parents.... View More
Do I wait for my court hearing or do I submit the information being requested by CCSS? I'm not on the birth certificate but I have made diligent attempts to be in the child's life but the mother denies it and filled for CSS after being informed that I was planning on filing for parentage... View More
answered on Jul 29, 2017
Responding to the department of child support services is probably a good idea. If you don't respond, they will probably proceed without your input which could result in higher payments. You will probably need to file a request for order for child custody and visitation. If child support makes... View More
answered on Jul 29, 2017
Although the court order won't change until the court actually changes it, the noncustodial parent would have a better argument to change the court order to joint physical custody if you break up.
answered on Jul 15, 2017
Renting a room is not necessarily an obstacle to custody. The facts of the case are crucial. Children should have their own beds. Persons living in the house can be of concern, but more facts are required to provide a thorough analysis.
Isn't there role to see that the children are being supported and living with custodial parent as stated when case was opened
answered on Jul 15, 2017
A parent may need to file a request for order to change child custody and visitation if they're not reflecting the actual court orders. A request for order to change child support may be appropriate to reflect the actual custody.
answered on Jul 15, 2017
If one party doesn't participate in a divorce, there are avenues to pursue without the other party participating.
She copied an application she sent me for signing which I never did. She grew impatient and simply forged my signature and sent in the application to court.
Now I have the original application that still remain unsigned.
answered on Jul 15, 2017
Consider filing for a set aside, but weigh the pros and cons of doing so.
we got married in 2011 and my husband went to prison in 2012 i asked him for a divorce sometime ago and he started with it and then never followed threw, in the papers he had sent me he had given my all custody of our 4 year old, but when i went to court i was told that nothing was filed , i am low... View More
answered on Jul 15, 2017
Visit the court's self-help center for assistance. You may also be able to find a local legal aid to help.
I believe the case is being treated as a felony as there were physical injuries to the other party
answered on Jul 15, 2017
Knowing all of the facts is critical in assessing the case. There could be jail time and probation along with domestic violence classes in addition to other penalties. Prison could be an option too even if it is a first offense based on what actually happened. Getting a reduction to a misdemeanor... View More
On saturday Ex has acheduled visits from 10 am -8pm. In court order others are permitted to pick up child. He will be out of town until 5 for work. He wants his uncle to pick up child from me at 4pm. He is stating that he is excercising his ROFR and I am simply watching child until he is available... View More
answered on Jul 15, 2017
The parents should write up an agreement that works for them. When a parent isn't able to follow the court order once in a great while, having flexibility is important. If there is no agreement to go outside the court order, waiting around isn't necessary since people have things to do.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.