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She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?
answered on Jan 3, 2023
No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... View More
My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.
answered on Dec 27, 2022
I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... View More
My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... View More
answered on Dec 27, 2022
This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... View More
And I got half of his 401k. To date, he has failed to comply with any request whatsoever to pay up.What can be done ? Unfortunately due to him not complying I am penniless. Please advise and thank you very much
answered on Dec 20, 2022
To divide his 401K you need a QDRO (Qualified Domestic Relations Order). Once the Plan is served with a QDRO, they pay you your share. The payment does not come from your ex. For spousal support you can get paid by using an Income Withholding Order
I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my... View More
answered on Dec 20, 2022
Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to... View More
answered on Dec 16, 2022
Need some kind of context here. Grandparents can seek visitation rights. But, it sounds like what you are asking about is guardianship; not custody or visitation. You should consult with an attorney directly and clarify your inquiry.
My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.
However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the... View More
answered on Dec 13, 2022
The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.
California resident. The Case is filed and judged in California. I am not a lawyer, but due to finances have to represent myself.
answered on Dec 12, 2022
Communications between you and the other attorney are not confidential or privileged. Emails can be attached as exhibits to court documents. This is not the same thing as being "admissible". Before a piece of evidence can be admitted into evidence it must be authenticated.
Would like to know what’s the next thing be done I would like to continue the process
answered on Dec 5, 2022
How can he be your husband while still married to someone else? If he needs an attorney, there is a directory on this site.
answered on Dec 2, 2022
The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.
He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?
answered on Nov 20, 2022
Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not... View More
answered on Nov 14, 2022
To modify existing court orders or to obtain new orders, you would file a Request for Order (form FL300). The FL300 would be supported by a declaration (not a form) and assuming the modification you seek will impact child support, you will also need to fill out and file and serve a new Income... View More
I have read that the party has 15 days to file a response to a motion in California courts but I'm not sure if it applies to the motion for JOINDER family law case.
answered on Nov 14, 2022
A motion is a motion. What would be your basis for opposing a joinder?
answered on Oct 31, 2022
If you suspect medical malpractice caused the death of a close relative, then you should consult with an attorney to determine whether your claim is viable and regarding your rights. Note that there is a 1-year statute of limitations on wrongful death claims that are based on medical malpractice.... View More
answered on Oct 28, 2022
Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a... View More
I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... View More
answered on Oct 28, 2022
It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.
I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.
answered on Oct 28, 2022
The monthly payments would count as income available for calculating spousal and child support.
I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agreement without any attorneys involved.
My friend isn’t very sure how n what is all included in a divorce, she is a housewife and doesn’t make enough money to hire an attorney... View More
answered on Oct 18, 2022
She can file a motion with the court for an order that her spouse help with her legal fees. Or she can use a joint credit card or bank account to pay the attorney’s retainer fee.
Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.
answered on Oct 5, 2022
Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.
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?
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