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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 You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not...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?
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.
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