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Questions Answered by Jami Kay Fosgate
1 Answer | Asked in Family Law for California on
Q: When did California Family Code Section 7540 become law?
Jami Kay Fosgate
Jami Kay Fosgate answered on Mar 26, 2011

Family Code section 7540 became operative January 1, 1994 when the state adopted a separate "Family Code" as law. Before the adoption of the Family Code, the conclusive presumption of section 7540 was contained in California Evidence Code section 621 which was adopted in 1965. If you... Read more »

1 Answer | Asked in Family Law for California on
Q: Abusive husband of 14 yrs took kids & left me penniless. He won't give me kids or money until I have sex. Is it legal?
Jami Kay Fosgate
Jami Kay Fosgate answered on Mar 26, 2011

Your husband has a duty to provide you with support and you are not required to have sex with him in exchange. You may file an independent civil action pursuant to Family Code section 4303 to ask for payment of spousal support. You may also file a divorce petition and ask the court to order the... Read more »

1 Answer | Asked in Family Law for California on
Q: How do i file a family code section 7822?
Jami Kay Fosgate
Jami Kay Fosgate answered on Mar 26, 2011

You should contact an attorney for assistance. If you do not know any attorneys, contact your local bar association and ask for a referral. You may also want to contact the court's Family Law Facilitator Office or contact a local non-profit group that provides family law help, such as... Read more »

1 Answer | Asked in Family Law for California on
Q: Our son has lost custody of our 2 grandsons, their mother has complete custody. How can we get visitation rights?

Can we try to contact our grandsons they are 10 & 12 yrs. old, & their mom has complete custody, how can we try to see them? We had a very loving, close relationship before mom got full custody.

Jami Kay Fosgate
Jami Kay Fosgate answered on Mar 26, 2011

You may file a petition for visitation pursuant to Family Code section 3104. You should contact an attorney for assistance. If you do not know any attorneys, contact your local bar association and ask for a referral. You may also want to contact the court's Family Law Facilitator Office or... Read more »

1 Answer | Asked in Family Law for California on
Q: How do I cancel Family law court date if response declaration consents to my request
Jami Kay Fosgate
Jami Kay Fosgate answered on Mar 26, 2011

If the other party is agreeing to what you requested in your moving papers, you should prepare a Stipulation and Order for both parties to sign that memorializes the agreement and then submit that Stipulation and Order to the court for approval by the Judge. Do not cancel your court date unless... Read more »

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