Once the Juvenile court has taken jurisdiction over a child it has jurisdiction until it releases to the Family Court with an exit order. That means that the State of California has exercised jurisdiction over the child which would qualify for the time limits of the UCCJEA.
A QDRO is a Qualified Domestic Relations Order. It is part of the court file and the judge will sign it. You need to seek the advice of an experienced attorney who specializes in these documents. they are HIGHLY technical and need to be done by someone who has experience with them.
The legal papers involve the inmate's agreement to waive alimony and also an agreement to a reduced entitlement (from 50% to 10%) of my combined 401k & profit sharing balance (from my employer) accumulative up to the date of divorce.
He says I can't have custody of the children because I haven't paid child support and he has legal custody of them because he has a court order for child support. Is this true? I want to get my children back!
Child Support and Child Custody are separate issues. Child custody and visitation are not withheld by courts because you haven't paid your support. But that doesn't mean you shouldn't pay your child support. If he's raising the child, you need to pay your support.
Im a single perent to a 4 year old,I and my parents have taken care of her and been their every step of the way,My parents helped me with her care while going to school to better my self but ones finish i returned to my family and my Daugther and i mover out of the city.
A court could determine that a child belongs with their parent, if that parent is capable of being the responsible person for the child's wellbeing. Parents are the preferred people to raise their children. If you cannot raise the child, and he can, then he may be able to have primary physical...Read more »
He was physically abusive, I was frightened for my life so I moved out of state to New Mexico. He was living with his parents at the time, I felt I needed to leave my daughter with him because I was scared he would be able to track me down if I took her with me since he would have to know my... Read more »
You have an interstate child custody case, we handle those, and they can become very complex. Your case has a judgement, which is good, but that judgement needs to be registered in the state of California in order for you to enforce it.
I want to recommend to you that you review the website,...Read more »
My Mom is alive but is not of sound mind due to altzhimers & my brother has moved her into his home & taken all legal power away from her as far as I know.When my father died, he owned a business, several properties, & substancial amount of personal property.My brother has refused to... Read more »
Ex Parte hearings are used for emergency situations. The procedure for filing an Ex Parte varies in each county and the amount and type of notice you must give is also dependent on the relief you are seeking from the court.
I urge you to call a family law attorney to discuss your rights, in...Read more »
Can I have my spousal support teminated. She is making more money than I am now. She bought a house in 2007. I am paying her $175 per month. We have no children and were married for 10 years. I won' t get any of her retirement for another 6-7 years if and when she retires.
You have the right to have an attorney present, but he has the right to depose you pending the hearing to determine the basis for the modification. You are, I'm assuming, asking for more support, and he doesn't want to pay it. He has the right to determine what you have done to become...Read more »
Sir, I am a legal resident alien in California. 2 months ago my wife who's American used the excuse that she and I like's France to put me on a plain to France with the excuse that she would come over when I got settled in France. Once I got to France I realized that it was all a lie.... Read more »
I'm not clear on what you are asking about, the having the son live with you is legal, The leaving the country is legal, and her deception about coming to join you in France, well, that's legal even though it's unethical on her part.
The father is within his rights to do this, just as you are when you leave the child with a babysitter on your time. Unless you have proof that the girlfriend was negligent, or abusive, there is nothing you can do.
In my book A MAN'S GUIDE TO CHILD CUSTODY I discuss issues like share...Read more »
Your husband should be responsible for the child support, but that means that his income will be decreased as a consequence of having to pay. You don't have to pay it, but it will come out of the community income.
In my book, A MAN'S GUIDE TO CHILD CUSTODY I discuss the issue of...Read more »
Grandparents rights are a hot topic. Each state has its own procedures to allow grandparents to seek a relationship with their grandchildren. In general, you need to have an established relationship with the child before you may proceed in court. The theory being that it is the continuation of the...Read more »
This is a heartbreaking situation, because Korea is not a signatory to the Hague Convention on on the Civil Aspects of International Child Abduction. You have few options to regain custody or visitation.
You may wish to review my website for more information on international child custody...Read more »
Proving perjury is very difficult, it requires someone skilled to know how to trap the other person. Unless the perjurer has so blatantly lied that you can prove the lie easily, you should at least consult with a lawyer to draft an argument.
I have written about how to trap a liar and prove...Read more »
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