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.

If you are... View More

Not if he has properly filed the petition in the right county and had jurisdiction.

If his papers are not good, and the jurisdiction is not good, then you can file where you want, but otherwise, you will have to file a Response to his Petition.

My book A MAN'S GUIDE TO DIVORCE... View More

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.

My... View More

Maybe. If he has not appeared in the divorce by filing a Response, the settlement will have to be notarized.

But you can find that out easily. If he has appeared, then you can simply have him sign the forms you mail him, return them and file with the court.

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.

That... View More

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... View 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,... View More

If you know the lawyer who drafted the trust I would suggest you start there, as a beneficiary, you would have a right to know the contents of the trust.

If you do not know the lawyer, I would suggest you call a lawyer who specializes in Probate and Estate Planning to open a probate on your... View 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... View More

You may be able to file for a modification if your judgment was not for non-modifiable support. We would have to review the final judgment in your case to determine what your rights are.

In my book, A MAN'S GUIDE TO DIVORCE STRATEGY, I discuss alimony and spousal support and you may... View More

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... View 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.

You need to file for a divorce in... View More

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... View More

The father has a right to be notified and to contest the name change, you should try to speak to him, and get his consent, it might be easier than you think .

The forms are very simple, it's a basic filing with the court, publication and appearance for 2 minutes in front of a judge.

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... View 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... View More

I suggest you get my book, A MAN'S GUIDE TO CHILD CUSTODY. It is available on Amazon.com, BarnesandNoble.com, and my website, wwww.MensFamilyLaw.com as an e-book download.

Each state has their own rules on visitation, but in general, unless a court recognizes that abuse is going on,... View 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... View 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... View More

Possibly, if there is a reason why you have not done your discovery before the trial date or if some new piece of evidence has been discovered and you need to locate it properly.

You should speak to a qualified Family Law attorney Immediately.