Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court
answered on Sep 23, 2022
If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?
The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »
answered on Sep 23, 2022
You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child... Read more »
My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.
answered on Sep 22, 2022
What's the injury? Did the delay in treatment cause any additional injury; exacerbate the original fractures? There is no malpractice without causation. i.e. a causal relationship between an identifiable act of negligence and resulting injury.
Father and I are not married and never have been. I take care of child 90% of the time.
answered on Sep 22, 2022
If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage... Read more »
answered on Sep 21, 2022
If boyfriend is the baby's father, then yes. The status of your divorce is not relevant, i.e. it has no impact on who is supposed to sign the birth certificate.
I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... Read more »
answered on Sep 21, 2022
I don't see a question here. Whether the DV case will impact the adoption depends on factors not provided in your question.
answered on Sep 20, 2022
Are you using this post on Justia to find a lawyer? We are not supposed to solicit business in this manner. You can go to an attorney's profile here on this site and call them. That's how you find a lawyer.
We never had any oral or written agreement that the gift would entitle hom to anything although he does have all the receipts to the work he had done.
answered on Sep 1, 2022
He could claim entitlement to reimbursement and make a claim that his contributions increased the value of your separate property home. I recommend you get a prenup. If you are living together, you can also get a cohabitation agreement (similar to a prenup)
My husband and I are filing for an uncontested divorce. We have no kids, no shared finances, no shared properties, I didn’t change my name, and no co-signs. It should be a relatively easy split. I have resided in CA over 6 months as well.
answered on Aug 31, 2022
The filing fee is a "first appearance fee". It is paid when filing both the petition and the response to the petition. If the matter proceeds by default, i.e. no Response is filed, then the respondent does not pay this first appearance fee.
answered on Aug 30, 2022
Spousal support is calculated using several different statutory factors (Family Code section 4320) including lifestyle to which the parties became accustomed during the marriage, income of the parties, and other factors.
I live in CA & is currently on a work visa. I got married in May 25,2021 in Bangladesh and came to USA shortly after that(Just me). My wife came to the USA January 2022 on F2. After a month of being together she left the house following 3 day argument which turned ugly. She filed a restraining... Read more »
answered on Aug 29, 2022
You could file a parentage action; open a case, in anticipation of the birth, and request custody/visitation orders along with order establishing you as the legal father.
they don't clarify what is supposed to be done ? and how much time are we given to complete the orders ?
answered on Aug 29, 2022
Ask the attorney who represented you in your divorce to explain the document. Otherwise, if you were not represented, I'm sure this could be accomplished by a paid consultation with an attorney. You need to seek out that attorney - i.e. contact attorneys on your own, rather than waiting for... Read more »
Can this be an annulment? Also gave her 2 mos to move out she has a home that she rents out. Is this enough notice. She’s had two kids from previous marriage but only has kids sun-wed
answered on Aug 24, 2022
I think what you mean is "Summary Dissolution"; not annulment. With an annulment you are saying the marriage is not valid; is void or voidable.
I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.
answered on Aug 22, 2022
This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »
Two grand daughters age 3 & 2. They have lived with me and my wife since Birth. We have care for and provided for their health and welfare o date. Bother the parents, my son and girl friend both are/have been in my home also. Neither of them does anything to provide for these children and in... Read more »
answered on Aug 22, 2022
As grandparents you do not have standing to petition for custody. You can obtain visitation rights, or if the circumstances warrant it, you can apply for legal guardianship. The steps to take for either scenario are on the Court's website (Superior Court for the State of California). There... Read more »
IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?
answered on Aug 15, 2022
Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'... Read more »
If me and my baby’s father are hanging out and he has someone else serve me papers is he aloud to be there ? If he is not can I deny the papers?
answered on Aug 13, 2022
Yes he can as long as he’s not the one who actually serves you.
If me and my baby’s father agree to co parent amount ourselves he writes on letter that he is okay with that and will not take me to court can he still take me to court?
answered on Aug 11, 2022
This letter has no legal significance and is not legally binding on either parent for any purpose.
answered on Aug 9, 2022
Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.
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