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I've been offered a job in Arizona and currently live in California. I want to take the job and move with my children but need to know if I'm okay to do so first. I don't want to get in trouble or jeapordize anything. Like I said, Ive had sole legal and physical custody for the last 5 years.
answered on May 18, 2017
Review the judgment carefully. You most likely have to provide notice to the other parent. If the other parent will agree to your request, the case is simplified for obvious reasons. However, most folks have difficulty with the other parent when it comes to a move away request. You may have to file... View More 
The kids are now 10, 12 and 13 that are said to not be my children. If a DNA test is done and they are not mine will I still have to pay child support in TX.
answered on May 17, 2017
If you have been paying child support for a while or have been on the birth certificate for years now, the general answer is that you would have to pay child support. California lawyers not licensed in Texas won't comment on Texas laws, but it would be difficult to see Texas not ordering... View More
I have never been arrested, have no criminal record, and have had the same job for 7 years. The only thing he has against me is that my son missed 9 days of school during the whole school year. He was sick, he also suffered from anxiety that would cause him to feel sick. I now have him in... View More
answered on May 15, 2017
Describing the issue as a win is not a good way to describe the case. The short answer is that the court can look for a way to establish joint legal and physical custody. Dealing with domestic violence issues is very important for the court to consider. There are more facts that need to be... View More
I am trying to finish my divorce and get custody over my daughter as well as my boys but at the courts i am at a stand still because i dont have a address for the mother, when i was allowed to talk and text my daughter she explained she was in a hotel all the time and sometimes in the car. but she... View More
answered on May 15, 2017
Hiring a good process server is a first good step. There needs to be due diligence in trying to serve her. If serving her fails, you may need to explore publishing notice. The judge needs to hear the merits of your case, but service of process is very important. More facts are required to provide a... View More
My fiancé is the higher earning spouse wanting me to waive all rights to spousal support and community property upon marriage (premarital agreement). He has asked me to suggest what I would like in lieu of these things, I'm an artist and I have no idea about the law.
answered on May 14, 2017
Waiving spousal support and community property limits what you would be able to get in the event of divorce. Parents can't waive child support since it's against public policy. The fact that you don't have an attorney (I'm assuming) during the creation of a prenuptial agreement... View More
answered on May 14, 2017
If a parent believes a child will be harmed, it's better to error on the side of safety. If CPS does something about the issue, the decision was probably the right one. More facts are required to provide a thorough analysis.
My son pushed his girlfriend and she pinched him , during the incident her 5yr old daughter was present and thier 4 month old. The girlfriend called the cops, but the cops never contacted my son and the girlfriend still came around. The GF has a therapist and mentioned to him that my son has a... View More
answered on May 14, 2017
Social workers and/or the dependency court will sometimes require one parent to obtain a restraining order (or at least try) to protect the child or the court could take away the child from both parents. If there is a court case, it appears that the case is not going away. It sounds like this is a... View More
His family for sure knows where he is but refuse to tell my mom and I and he has not spoken to my mother or me since I was born my mom always thought it was a lost cause trying to file child support but is there anything we can do I know there is a lot of laws now that can help us
answered on May 13, 2017
Since you are 17 and fast approaching an age where your mom can't collect, she should take swift action if she needs child support. She may be able to collect if you are 19 and still in high school. Being able to collect for the past is generally not possible since a case has not been filed.... View More
I also rented a truck to move my stuff because he said we could get our stuff then changed his mind
answered on May 13, 2017
Since it sounds like you were living there for a while as opposed to an overnight guest, etc., the eviction process with notice should be given. Withholding property is improper, too. More facts are required to provide a thorough analysis. Consult with a local lawyer.
answered on May 13, 2017
Lawyers can certainly help people prevail in court. It sounds like you have a strong case if the police arrested your husband. More facts are required to provide a thorough analysis. Determining the outcome is very difficult if you don't have all of the facts.
I have a temp RO for DV. We have a hearing date of 5/26/17. Can the defendant get a counter restraining order with a new hearing date? If so, which RO and hearing date is legal? My RO was filed on 5/5/17 and served by the sheriff that day. He had to move out. His was filed on 5/12/17 with a... View More
answered on May 12, 2017
If a respondent doesn't show up to the hearing, that person risks having a restraining order issued even if that person doesn't show up. If there are active temporary restraining orders, they should be obeyed. The court will have to hear evidence and make rulings.
answered on May 12, 2017
A conservatorship may need to be established. More facts are required to provide a thorough analysis.
answered on May 12, 2017
The parents would not get in trouble since they came up with their own different agreement. Parents are encouraged to meet and confer regarding changing court orders. The prudent thing to do is type up a new agreement that both parents sign and file it with the court to become a court order.
I sold my house in California, that I owned with my ex-husband in 2014 while I was married to my second husband for a year then. The sale of my home with my ex was per our divorce decree. I had the home for about a year and paid the mortgage for it completely out of my separate bank account. My... View More
answered on May 12, 2017
It sounds like the house is separate property, and being paid from a separate property bank account without commingling, etc. helps the separate property argument. Hopefully community dollars earned did not go into that bank account. It's unlikely the second spouse will get half of the... View More
I asked my sons dad if I can keep him on his weekend because he's been sick and he said it was fine, that he'll take him when he has to go with him again and now it's the next day and he texted me that he wants him now
answered on May 12, 2017
If there is a court order, the court order would be the controlling factor. Although the dad said you can have the child for the weekend since he was sick, he will probably say he's feeling better. If it's his weekend on the court order, it doesn't sound like much can be done. More... View More
Mom want visitation rights. Can she get visitation rights?
answered on May 12, 2017
There will most likely be reunification therapy and a process, but she might be able to obtain visitation at some point in the future. More facts are required to provide a thorough analysis.
Baby was born in Georgia, we agreed to move to Texas with the baby. While in Texas her mother felt homesick and moved back to the Bay area (Fairfield, CA) against my will and without my consent. I believe there is neglect and nobody to watch the baby while the she is at work. I have accommodations... View More
answered on May 12, 2017
Texas may have jurisdiction over the case based on when the move occurred. Consult with a family lawyer in Texas quickly to discuss the issues. If the period for time runs, you may have to litigate the case in California. You may need to file a request for order in California if Texas doesn't... View More
answered on May 12, 2017
The court will look to the income of each parent and the timeshare with the child, among other factors. If he is not earning much money, it's unlikely there will be a significant amount of child support. If he goes to jail, the reality is that it's unlikely much will be paid. The... View More
answered on May 10, 2017
Although you have been absent for six years due to incarceration, you may be able to obtain visitation. However, there will be many steps in obtaining visitation, such as reunification therapy. Answering this question requires an analysis that goes beyond this post. More facts are required to... View More
I just don't think it's fair. It is court ordered. She tries everything to give me a hard time, but this I feel like needs to be addressed. Yes I know it is just ten minutes, but I feel if the tables were turned, there would be a civil standby for me being late.
answered on May 9, 2017
The true reasoning for her tardiness would need to be determined. If she admits a bad intention of some kind, contempt could possibly work. However, it's unlikely she would admit a bad intent of some kind. She would probably blame it on traffic at that particular time. Perhaps you can... View More
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