This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.
answered on Oct 4, 2022
Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are... Read more »
What should the family member do? Could family member legally file for guardianship?
answered on Oct 4, 2022
The family court can decide upon custody of the child. You can file an action in court to determine proper custody of the child.
I’m currently considering leaving California and moving to out of country with my child. Her father has already moved earlier this year without notifying the court here in CA. I’m considering moving out of country as well. Are we required to notify the court about the move since we share joint... Read more »
answered on Sep 27, 2022
DO NOT MOVE THE CHILD without taking appropriate legal action. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »
I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process
answered on Sep 27, 2022
Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
Mom has been jail for 2 yrs fighting criminal case. Dad, my son, had stroke & in coma. She has been in his custody since born.
answered on Sep 23, 2022
You can file a court action to obtain custody. Generally, there are constitutional protections that guarantee parents' rights to have custody of their children. (Troxel v. Granville 2000). However, if you can show a compelling circumstance to modify the custody arrangement, you may be able to... Read more »
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... Read more »
answered on Sep 23, 2022
Absolutely; and you must also ask the court for a move-away order as well.
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... Read 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... Read more »
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... Read more »
answered on Sep 20, 2022
A family law lawyer should not be hard to find in your area. Contact one today to set a consultation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »
Never married; don't live together; his name is on birth certificate; daughter is now 10 yrs old; she lives with me; he has never been financially responsible for her; he sees her when he has time; when I need his signature on passport or any document, he refuses or makes it very difficult and... Read more »
answered on Sep 18, 2022
You could file a paternity action. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I did not respond because I didn’t disagree with the order. I moved away from the address I live when he first served me. Bc I did not respond he was able in 2018 to file a motion for the order to state he had Sunday-Friday and I only had Saturday 9a-4p and sent the “service” to my previous... Read more »
answered on Sep 18, 2022
Respectfully, this is on you for not responding to the divorce papers. You should speak with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »
I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »
answered on Sep 13, 2022
YOU ARE ASKING THIS QUESTION TO A GROUP OF DOMESTIC VIOLENCE AKA CRIMINAL LAWYERS.
YOU NEED ADVICE FROM A LOCAL FAMILY LAW ATTORNEY.
I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »
answered on Sep 15, 2022
The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to... Read more »
Is it super imparative that i use case law citations or since im self representing can I not worry about it so much because its complicated
answered on Sep 10, 2022
It isn't important as you may think it is. Most judges know the case law. Attorneys cite the law often because it helps direct the judge to the legal authority and it looks amateurish if attorneys do not, but most judges are fine with simple, plain English with general references to the law.... Read more »
-and that’s being generous. Lacking doesn’t even begin to cover what this list is. It’s barren, skinny, less than descriptive. The judge ordered that we “be specific”and my ex was so vague it’s sickening. Is there anything I can do to object to specific evidence my ex will try to use... Read more »
answered on Sep 10, 2022
You can prepare to rebut his evidence with counterarguments. You should anticipate what evidence he may have against you to the best of your ability and come up with reasonable arguments countering his factual and legal arguments. Feel free to contact me if you have any further questions.
I live in Merced County in California.
My ex and I have two children. My daughter lives with fiancé and I, we are not married. My son lives with his father and his girlfriend, they are not married.
My income is significantly lower than his income. Am I eligible to receive child... Read more »
answered on Sep 5, 2022
Most child support calculations are done under "guideline" rules, which means that it is more of a mathematical formula. You can calculate child support by going to various websites. You can deviate from these guidelines in special circumstances, but the guidelines are the general rule... Read more »
My grandsons always lived with thier mom , but father lied and said his mom is dying if boys could visit Louisiana.His mom hired a lawyer and will not return them . They are trying to cut my daughter out of her son's lives.PLEASE HELP
answered on Sep 5, 2022
I do not do a large amount of pro bono cases, but there could be a lot of free legal aid programs out there depending on your city. Also, most court websites have self-help information, and also a self-help desk with staff there to assist you with the case.
After the paperwork was filed we no longer needed the attorney because the foster child was placed with family. We asked for a refund and receipt and we’ve been ignored for two months now with nothing. We have emailed and called him at least 10 times. What do you advise our next step would be?
answered on Sep 5, 2022
I would advise you to contact the State Bar of California and make a formal complaint.
answered on Sep 5, 2022
The courts and most attorneys (at least, good ones) encourage settlement wherever possible. It is usually best for all parties, as court can be expensive and stressful. He was probably just trying to emphasize the importance of evidence.
I’m 15 years old and I want to choose which parent to live with full time. Right now I live with my mom most of the time, but I have to go to my dad’s house also. Is there a way I could choose to live with my mom all the time? Do I have to be older?
answered on Sep 5, 2022
While your decision is not determinative (i.e., the judge could still order that you have to live with your dad part of the time), the court will consider your choice of parent when deciding the best interests for you (the child). The older and more mature you are, the more the court will lean on... Read more »
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