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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?
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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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