You should send a certified copy of the death certificate and the judgment to the Pension, along with a cover letter asking if you are listed as the beneficiary. You should be notified then.

Go to your local courthouse and ask for the Self-Help desk. Most courts have one, and they can help you fill out the paperwork.

There are also several legal aid offices such as Levitt and Quinn that can help you.

Well, it depends on where you are in the process, how long you were married, are you working, can you work? does he work? Can he work?

Please call my office and we can discuss it further.

You can file an Ex Parte Order to Show Cause asking for a shortened time period to get to court quicker. The forms are a basic OSC re: Support, just as an ex parte, you need to give notice to the ex.

My firm handles OSCs regularly and we can help you.

Once you meet the residency requirements of the county you live in, you can file again.

The other way to find a pro-bono attorney is to find a Family Law attorney who is in the process of becoming Certified as a Family Law Specialist. If you call the larger firms they may have an attorney who is looking for the trial experience they need to qualify.

Tough but good questions. I'd say yes you need to challenge the mother on this one. It might be beneficial to the court to have an independent evaluation done on your daughter and her ability to become self-sufficient.

California Evidence Code Section 730 allows the court to order an... View More

Default judgments require a great many papers be filed, and that they all be filled out correctly. You should be able to get a Default Judgment package of information from the clerk of the court, or the department that you are in on how and what to file.

If you cannot get the information... View More

Technically no.

However, proving that you were not served can be difficult sometimes. If you are aware that there is a restraining order against you, be very careful. It's bad enough that it was issued, don't make it worse by violating it.

Restraining orders are used to keep... View More

I suggest you file a Paternity action on behalf of the father, and if the mother agrees, then you can file a Response, and/or a stipulated judgement of paternity which would make your husband the father, and a court could then make orders as part of the Stipulated Judgement allowing the father to... View More

Yes, you can file amended papers to change it to the way that you want it. BUT, what is he being released from? You may want to discuss this with an experienced Family Law Attorney. Even in you have Sole Legal and Sole Physical custody, you can arrange for him to have visitation.

This is actually a very large question. I would have to know if it was taken away, or suspended, for a period of time. What are the facts of the case? are you on the birth certificate? was there a history of domestic violence? Many things can affect child custody and visitation.

Please check... View More

I'm not sure what you're asking for, a guardianship is usually filed by someone who is concerned that the protected child is at risk. So, the biological mother does not always win if it is proven that she is incapable of being a good parent.

Yes, fathers need to suppor their children to the best of their abilities. Is he using the visitation that he has? if not, why not? As much as you need the money, the focus SHOULD be on the child and the relationship that dad has with the child.

That's why I wrote, A MAN'S GUIDE TO... View More

Parties to a case have a right to a fair and impartial judge - if you have reason to believe this judge wont be fair you have a right to request a change. However, usually it must be done within a very short time frame FROM THE BEGINNING of the case. In most cases it is under a month to... View More

I hate it when one parent says the other parent is negligent simply because they don't make enough money - that is a cheap shot and usually wrong.

Child support and Child Custody are usually separated. You cannot lose your right to be a parent because you don't make enough... View More

There are two types of custody, Legal and Physical. Legal custody is the right to know medical care and school decisions. Physical Custody is when the child is in your presence and home.

I assume you are speaking of Physical Custody and they are now sending the child to you or another adult... View More

You need to get to court IMMEDIATELY. You have what is called an interstate case. This case is complex because you have three states involved, and I need to speak with you to give you specific information.

The general rule is that Move-Away cases require at least a hearing, if the parties... View More

Cases can be transferred in two ways. 1) you can ask the Yuma court to send the case to California, in the county where you live and 2) you can open a case in California and then ask the California court to take jurisdiction under the Uniform Child Custody and Jurisdiction Enforcement Act (UCCJEA)... View More

It would depend on several factors, has he moved back? What is he seeking as visitation?

If he is still in Texas, he'll get nothing unless he asks a court to order some visitation and can make travel arrangements for either himself, or the baby to travel with a guardian like... View More