A lot more information is needed to be able to adequately answer your question. I would recommend that you consult with an experienced attorney who can guide you in this most delicate situation. Best of Luck.

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... View More

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... View More

Is anyone named as the father on the birth certificate? The fact that you are not named as the father on the birth certificate does not mean that you are not the biological father. I would suggest that you go to the county where the support order issued and have the court filed pulled and... View More

You would know because the requires the administrator give you notice of the fact that you are a beneficiary, unless no one has your current address. I would suggest that you contact the county of death and check the court's case index to see if a case has been opened. Best of Luck.

You should e-file or file in person, but not both.

Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... View More

Continuances are disfavored and a matter within the discretion of the court - if this next continuance that you intend to ask for has the potential of causing prejudice to the other side, that will weigh heavy against you in the analysis - The attorney will need to make a very strong showing of... View More

Yes, so long as the attorney has experience in both areas of that law. Good Luck.

You should get an order assigning payment of your support to you out of every check he gets in retirement - just like an earnings assignment order - file a N-195 assignment orderand have it served on the entity that pays out the early retirement benefits. a certified document assistant can help... View More

Most Living trusts are revocable - that means they can be changed during the life time of your dad- trustor (person who set up the trust.) What he wrote in his trust today could be changed tomorrow. As such, the answer to your question is yes, she could get the house. Further, she could... View More

Accepting service is not like you are accepting liability for support. Accepting service is only receiving the papers and nothing more. You should contact an experienced family law attorney who can guide you through filing the proper response in a timely manner and assist in addressing the... View More

Retain an experienced family law attorney who can seek to obtain a temporary order of custody pending a hearing to determine custody. You do not provide enough facts to assess the likelihood that you will prevail, but generally speaking if the child is baby and attached to you as the primary... View More

As the father of the child you are responsible for care and support of the child whether the child lives with the uncle or not. Unless your son is adopted by someone else, you remain liable for the care and support of the child.

You can ask for it, but if he does not have any earnings, the court is not going to order he pay support just because you ask for it. You would need to file a request for order to ask for a support order and establish that he is capable of working but he willingly does not work because he does... View More

You could be prohibited from being heard by the court if you do not file your responsive papers timely. However, many courts will not impose such a harsh penalty and will allow you to file your papers late and be heard at the hearing. It is within the court's discretion to decide what remedy... View More

It sounds like you agreed on 50/50 but you did not actually exercise 50/50 physical custody. You mention that she is now "back in the states" which leads me to believe they were out of state such that 50/50 split impractical and not exercised. If it was never or rarely exercised, then... View More

Many courts typically order that both parents provide insurance if it is offered and that medical and other extra ordinary expenses above the child's general daily living expenses, be split 50/50. As such, I would first recommend that you carefully review the initial support order to see if... View More

Absent a pre-existing court order for support, the court is limited in its jurisdiction to enter an order for support retroactively. Assuming there are no extenuating circumstances, the court is generally limited to going back only so far as the date that you are served with the papers requesting... View More

It may or may not be legal depending on the facts of the case. The state has the right to collect court ordered child support due by attaching money held in bank accounts with the owing parent's name on it. If his name is on your account then he has a right to the money in your account.... View More