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Questions Answered by Stephen Peter Anderson
1 Answer | Asked in Child Custody and Family Law for California on
Q: if the petitioner of a guardianship bribes another to make it easier for her to get the child what should i file?

my mother in law who has taken my daughter by a bunch of lies, before she was granted emergency guardianship she spoke with my husband who was in jail at the time telling him if he called cps on me she would bail him out of jail. i dont know how easy it would be to get the phone conversation from... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 30, 2020

You need the advice of an attorney right away. These issues are important! There are important rights that can't be answered in a quick online question.

1 Answer | Asked in Family Law for California on
Q: if the petitioner of guardianship served the papers herself could i file a motion to set aside the order?

the petitioner of the guardianship signed the proof of service saying she served me not only that but she sent it to an address she knew i had been moved out of for 2 months prior. Can i file a motion to set aside without making the judge upset. it clearly states on the proof of service THE... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 30, 2020

You are always entitled to challenge service. This is done by filing a Motion to Quash. Ultimately, however, you will likely be served and requires to file a response or objection. The service isn't your fight. The issue is the Guardianship and opposing it properly and through a full hearing.... Read more »

1 Answer | Asked in Family Law for California on
Q: Can i refuse exchanges for my son's visits with his dad?

We have a court order for custody and visitation. I have full custody. Dad gets 3 visitation days. We have to communicate over the talking parents site. Dad doesn't communicate well. Especially questions i have about precautions due to the pandemic with our son going back and forth, where he... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 29, 2020

Suggest you both attend and complete the online COPE class. Be polite and discuss you will be in each other's live's FOREVER with your child, so you might as well learn to get along. Follow the Court's orders precisely. Body cam is a bad idea. Bringing someone to the exchange is also... Read more »

2 Answers | Asked in Family Law for California on
Q: How do I get a minute order/ notes concerning a guardianship case

I am the respondent

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 27, 2020

Contact the clerks office. If in writing, send them a small check, and a self addressed stamped envelope. Be specific as to the date of the minute order. I am assuming it is your case, as they are confidential.

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1 Answer | Asked in Divorce for California on
Q: In CA, what is the minimum length of a domestic partnership or a marriage in order to receive spousal support?
Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 23, 2020

Technically, there is no minimum or maximum. In a short term marriage, that would be less than ten years, it is customary that support not exceed 1/2 the term of marriage. Support is very dependent on the income streams of both parties. Support is not automatic, and must be requested, or agreed... Read more »

1 Answer | Asked in Divorce for California on
Q: If, in my divorce case, there is NOT a "Notice of Entry of Judgment Mailed" in the court documents, am I divorced?

California location. I don't find the words, "Notice of Entry Judgment" in any wording in the list of documents, in the documents I can find online. Even if it wasn't "mailed". What is my status? As you know, the courts are not open for viewing of files, and my divorce... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 20, 2020

It is a separate document. You may need to call or write to the court and request a copy of it. When the court's re-open, you could request one in person. You can still use the judge signed document for all purposes to say show you are divorced, but complete the package as soon as you can.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Mother(petitioner) of my child keeping kids away from me(RES)We have joint custody and lying about everything on Motion?

i Enrolled them into school for 3 years and my father was watching them and I was paying for their child care alone. She moved a few times during this and won’t let me have kids percentage wise more than 40% she says she can’t afford cost of living and needs more money. She just moved again to... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 20, 2020

You will need to file documents in court setting forth your position and your requests. Please consult with an attorney. The courts are currently closed, so you won't get access to the court's free attorney, a family law facilitator.

1 Answer | Asked in Divorce for California on
Q: Can my wife take our house if she is claiming that I’m an abuser? How can I prove her wrong

Can my wife use text messages to frame me in a court battle? And if so can she still take my house and my kids

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 20, 2020

Sadly, this is done many times. You will need to consult with an attorney. You will need to file a detailed response to the documents she filled. You will first need to consult with your criminal attorney if you have one to be sure your don't waive your right against self incrimination.

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: In RO, judge says wait to collect money at hearing, husband wants to pay it before can he do that?will I get in trouble?

A restraining order for Domestic Violence. The temp order was granted , but the debt payment I requested for my tax return the judge says to wait til the hearing. Husband wants to give the money over now. Can I get in trouble for taking money against judges wishes?

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 20, 2020

You should not do anything to invite a violation of the RO, nor should the restrained party violate by making contact with you, even to "pay early". If attorneys are involved, they can faciliate the payment , but otherwise, its best to follow court orders.

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2 Answers | Asked in Domestic Violence for California on
Q: Can someone on the other side ask me not to get involved?
Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 16, 2020

Your request is too vague to enable a response. However, with any domestic violence issue, you should obtain the advice of an attorney, even through a short, free, consultation, to enable you to take steps to protect yourself. The Courts have a family law facilitator (attorney) who, at no cost, can... Read more »

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2 Answers | Asked in Family Law and Civil Rights for California on
Q: Can my parents go through my phone even though I am 18?

They will go through my texts, photos, and social media just because they bought me the phone, they no longer pay for the phone just the data, and I feel like I don't have any privacy when it comes to my life.

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 16, 2020

No, if you secure a phone you pay for and have a password with, you should be able to maintain your privacy. In addition, you need to realize that, at 18, unless you have a disability that prevents you from living independently, your parents obligation to support you (food, lodging, medical care,... Read more »

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2 Answers | Asked in Family Law for California on
Q: Hello! Is palamony recognized in San Bernardino county?

I had HORRIBLE legal council who advised me wrong and I was screwed out of half of my money from the purchase of the house I shared with my boyfriend of 11 years. He took care of my girls and I almost 100% for 8 years. Is palamony something I can go after?

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 16, 2020

Palimony is a term people use for rights a person may have while in a non-marital relationship and have issues related to their ability to request support. The Court, in the Marvin case confirmed that such relationships do not entitle a person to receive spousal support, but that they still retain... Read more »

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1 Answer | Asked in Child Custody and Child Support for California on
Q: If there is a court order for visiting can custodial parent decide just because child has turned 18 he no longer has to

Drop him off for visiting court order doesnt give date for end of visiting but I'm still paying child support our arrangement on court order was to meet half way and now he says because my sons 18 he no longer will take him half way if I want to see him I have to pick him up but yet hes still... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 14, 2020

Visitation orders end when a child turns 18, as they are adults and able to make decisions on who to visit.

Support orders generally continue until a child is 19, dies, becomes emancipated or is 18 and no longer attending high school, which ever comes first. This information is in your...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Non-custodial father needs help!

My ex wife and I got divorced June 2017 and had an agreement laid out that basically stated we would discuss and make arrangements and set a schedule when I would see my son. Over the course of the last 3 years I’ve have been through 2 alcohol rehab programs so that I could better and change my... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 13, 2020

File a Request for Order with the court. Attach your declaration stating what you've done and what you want. It is best to hire an attorney to do this for you, but a family law facilitator (an attorney) is available at the court house to assist those without funds.

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can a CPS worker determine who gets to keep the children? Like one week one parent and the next another parent?

My brother is going through a CPS case with his girlfriend. She hasn't been home with the kids for about 4 months and just recently returned home and urged the CPS worker to take her side and now wants custody of the kids while my brother has been caring for the kids. Can she still have... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 10, 2020

CPS does not have the authority to make orders. They can request the Juvenile Court issue orders and they can ask the parties to agree in writing to a safety plan. They try to keep children safe and often come up with safe ways to do so. You can always turn to the family law court and seek... Read more »

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2 Answers | Asked in Domestic Violence for California on
Q: California Restraining Order Renewal - What are the disadvantages of being restrained for another 5 years?

How if at all is housing, financial, and employment effected by a renewal? What are the requirements for succeeding in obtaining a renewal?

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 9, 2020

potential inability to possess firearms, restricted freedom to go certain places, ease of being arrested on a simple referral to law enforcement, potential employment problems if required to access certain federal, state, county facilities. However, the requirement to obtain a renewal is minimal.... Read more »

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1 Answer | Asked in Divorce for California on
Q: I have a legal separation now will a legal divorce cost the same

Will a divorce Cost Less since I have a legal separation

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 7, 2020

If your legal separation resulted in a Judgment, resolving ALL issues related to assets and debts (including property, debts, investments, businesses, pensions, reimbursements, etc.) what would be left is a Judgment of Dissolution of the Marriage. You will need to file and serve an Amended... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: When modification box is checked on a child custody order does it supersede and invalidate conditions on the prior order
Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 1, 2020

The new orders take precedence over all issues modified.

1 Answer | Asked in Child Support for California on
Q: Can I still get an increase in child support ?

I have a 9 year old daughter.

Her dad hasn't been in her life. I have an open child support case in California.

He has another child am I still able to get an increase since my daughter is getting bigger?

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 1, 2020

Thanks for the opportunity. Child support is based upon the gross incomes of each party and the visitation percentage shared by the non-custodial parent. There are certain entries, as well--new children from other relationships, tax filing status, etc. Support does not change based on the age of a... Read more »

2 Answers | Asked in Child Support and Family Law for California on
Q: Hi there, I have a 3 year old daughter and trying to do a DNA test on her father and get child support .

How can I got about starting the process in finding him even if he blocked me from social media. He knows of her as well, I tried even reach out through his girlfriend,but no luck.

Stephen Peter Anderson
Stephen Peter Anderson answered on Apr 1, 2020

Go to the Department of Child Support Services. They will assist you at no cost.

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