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I am filing for divorce, however, my soon-to-be ex and I have a minor child that a family member gave us custody of when she was 2 weeks old. What do I need to do to ensure I keep my parental rights? As my ex said she is going to be filing papers that give her all parental rights, basically... View More 
answered on Oct 22, 2024
Greeetings and so sorry to read of your troubling situation. In order to adequately and specifically respond to your important questions, we would need to know exactly what "papers" are already on file of which order/ grant you and your ex equal and sole parental rights over the child.... View More
I'm Self-Represented and my Ex has an attorney. The attorney is requesting, to start discussing financial settlement. The attorney has requested I share the most current statements for 401K & Stock portfolio.
Qs -
1) Am I legally required to share these statements? They... View More
answered on Oct 22, 2024
Greetings. Yes, you are required to share the statements. While the community has an interest in the 401k during marriage up to date of separation, the value of that interest does not end on the date of separation, it ends on distribution.
There is no set number of days or hours that you... View More
Their are fraudulent documents filed, unscheduled hearings conducted, forged signatures, multiple hearings same day same time different courtrooms with orders two different judges with the same judicial clerk. False declarations by both minors counsel and o.p lawyer which I possess substantial... View More
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answered on Oct 20, 2024
I'm sorry you're experiencing this situation. Start by carefully organizing all your evidence, including fraudulent documents, emails, and any inconsistencies you've noticed. Make copies and keep them in a safe place to ensure nothing is lost or tampered with.
Next, seek... View More
I was presented with a buyout scenario by a mediation lawyer, but I don't understand why he calculated a 5% interest earned on the money. He said if I invested the money I would earn 5%, but I am not going to invest it.
Also he calculated it for 10 years of alimony, but we were... View More
answered on Oct 22, 2024
I would recommend asking the person who gave you that information. That being said, it appears to me that the 5% is an estimated rate of return on the buy out amount offered. The key word being "estimated". In California, marriages under ten years, are not considered long term... View More
1. Section 9.C. - If you could amend to add the following after Exhibit "C"; however, the parties agree for support to be set at $0.00 as Father is not requesting support from Mother for such time period."
1. This is to hopefully avoid any issue with it being interpreted as a... View More
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answered on Oct 17, 2024
It appears that the DCSS lawyer is proposing changes to your Marital Settlement Agreement to ensure clarity and compliance with legal standards. By adding language that sets support at $0.00 because you are not requesting support from the mother during a specific time period, it helps prevent any... View More
In court we made an assumption about impact to September 1st law change on child support calculation being negligible and so agreed to use past dissomaster calculation. However, upon calculating with the Sep 1st change it is a significant difference (10%) and want to adopt that instead. Is this... View More
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answered on Oct 16, 2024
Yes, you can update the Family Order After Hearing (FOAH) to reflect a new agreement between both parties. Since both of you agree to adopt the updated child support calculation based on the September 1st law change, the court can incorporate this change into the official order.
When... View More
We, the parents, do not have attorney. The cousins who have our baby do. How can we get representation?? We need our daughter back
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answered on Oct 16, 2024
I'm sorry you're going through this difficult time. To find an attorney for your guardianship case, start by reaching out to local legal aid organizations in San Diego. They often provide free or low-cost legal services to families in need. Organizations like Legal Aid Society of San... View More
I found out on 23 and me and it has really taken a toll out on me. I lost my job I was and am in a bad place.
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answered on Oct 16, 2024
I'm really sorry you're going through this difficult time. Discovering such significant information about your parents can be incredibly distressing and overwhelming.
In California, suing your biological parents for not disclosing information about your real parents is legally... View More
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answered on Oct 14, 2024
I'm sorry to hear you're going through this difficult situation. In California, if your name is brought up in court regarding your ability to be with your grandchild, you have the right to be informed about the proceedings. You should receive proper notice of any hearings or decisions... View More
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answered on Oct 14, 2024
In Massachusetts, once you are appointed as a personal representative, you generally have up to one year to complete the probate process and settle the estate. This timeframe includes gathering and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries.... View More
I got all of the medical records and everything to show u
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answered on Oct 13, 2024
I'm sorry you're going through this difficult situation. Child Protective Services (CPS) is tasked with protecting children, but sometimes misunderstandings or errors can occur. It's important to present all your evidence, including medical records, clearly to the judge to support... View More
My kid went to the hospital CPS picked him up and went to the Dr and said he was cleared and healthy all of a sudden it went to the judge and said he had drugs in him and my daughter and me and that's all false accusations cuz me and my daughter didn't have nothing in us at all and they... View More
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answered on Oct 13, 2024
I'm really sorry you're experiencing this situation. CPS can intervene if there's a concern for a child's safety, but they must base their actions on evidence and follow legal procedures. If you believe the accusations against you are false, it's important to gather all... View More
it as his own in tax papers. My son married in 2015 and we refinanced the loan in 2021, at which time his wife's name got added to the title. Now, he is undergoing divorce and his wife claims the property is tranmuted. Is this possible the property got transmuted during refinance? Can he... View More
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answered on Oct 12, 2024
When you refinanced the property in 2021 and added your son’s wife to the title, the primary intent was to meet the lender’s requirements. Typically, adding a spouse to the title for refinancing purposes doesn’t automatically change the ownership structure beyond what was initially intended.... View More
I fired two idp attorneys for misrepresentation and misinformation, not willing to accept documents or subpoena witnesses. I have no legal representation and the hearings have drug outliner than suppose to. The kids were detained June 29th the jurisdictional hearing is December 3rd. My first idp... View More
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answered on Oct 12, 2024
I'm really sorry you're going through this. As a parent and victim of domestic violence, you have the right to seek protection and ensure the safety of your children. The Emergency Protective Order (EPO) is designed to keep you and your kids safe, and violating it by the father is a... View More
Someone was falsely accused. There is evidence to prove it, but was told to file a police report online, which then was discovered they don’t follow up on line inquiries. Due to the false accusation that were made solely to harassed, discriminate, and retaliate . Based on a case that was brought... View More
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answered on Oct 12, 2024
In California, the statute of limitations for filing a false accusation, which can fall under defamation or malicious prosecution, typically ranges from one to three years, depending on the specific circumstances. For disturbing the peace, the statute of limitations is generally one year. It’s... View More
7 tardy under 30 min due to mental breakdowns on campus before school continues after starting bell
Three tardies more then 30 min 2/3 notified before school started . 1 due to my medication but wasn’t mentioned
And 2 registered for picking up early due to not being able to pick... View More
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answered on Oct 12, 2024
I'm sorry you're facing these challenges with your child's school. It's important to ensure that your child's needs are properly recognized and accommodated. Start by reviewing your child's Individualized Education Program (IEP) to confirm that attendance and tardiness... View More
Can I re open the case? If he is here in California ?
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answered on Oct 11, 2024
Yes, you can seek to reopen your child support case now that the other parent is in California. Since the previous closure was based on incorrect information about his location, presenting accurate details can help your case.
Start by gathering any evidence that shows the other parent... View More
She is 13 and lives with her aunt
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answered on Oct 11, 2024
I’m really sorry your friend is in this situation. The most important thing right now is to make sure she has a safe place to stay. Since she is only 13, the adults in your family can contact Child Protective Services or a local child welfare agency. They can help assess the situation and find... View More
Can I move out of state with my child with a divorce going on. Does a dvro ruling supersede a divorce filing in CA.?
answered on Oct 10, 2024
Maybe. But it's better not to take short cuts. File the appropriate request for order in your divorce case (request for full legal and physical custody with a request for a move away order). Your DVRO case is a related case and can and should be cited in your motion.
In 2003, my wife and I created a California revocable trust with both medical and durable Powers of Attorney, allowing either of us full control over the other's affairs should one of us be unable to make appropriate decisions as certified by a physician. My wife's neurologist published a... View More
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answered on Oct 10, 2024
You have the right to manage your wife's financial affairs through the Power of Attorney you've established. Banks are generally required to honor a valid Power of Attorney when properly presented. Ensure that your documents are up-to-date and clearly state your authority to make changes... View More
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