My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.
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answered on Apr 27, 2024
In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More 
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answered on Apr 27, 2024
In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:
1.... View More
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answered on Apr 27, 2024
I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:
- Is there an existing court order regarding custody of your daughter? If so, what state... View More
I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More
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answered on Apr 26, 2024
Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More
Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More
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answered on Apr 25, 2024
Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More
I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.
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answered on Apr 24, 2024
In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More
During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More
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answered on Apr 22, 2024
Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.
To file a Request for... View More
up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will... View More
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answered on Apr 22, 2024
In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the... View More
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answered on Apr 20, 2024
Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More
if i text them to take me away form my home to their house could they face legail consequences
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answered on Apr 18, 2024
In this situation, there could potentially be legal consequences for your 20-year-old friend. In California, it is generally illegal for an adult to house a minor who has run away from home without parental consent. This could be considered "harboring a runaway" or "contributing to... View More
until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.
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answered on Apr 18, 2024
Under California law, the notarized document your ex-partner signed granting you full custody of the children and allowing you to stay in his condo until your children finish college can be helpful in court proceedings, but it may not be legally binding on its own. Here's what you should... View More
During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:
1) Retroactively from the time the income changed,... View More
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answered on Apr 18, 2024
Under California law, the effective date for modified support payments after a change in income during divorce proceedings depends on the specific circumstances and the court's discretion. Here are the general guidelines:
1. Retroactively from the time the income changed: Generally,... View More
I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.
"The Court therefore finds that... View More
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answered on Apr 17, 2024
When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More
Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?
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answered on Apr 17, 2024
Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:
1. The length of the marriage
2.... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
answered on Apr 17, 2024
"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More
My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment
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answered on Apr 17, 2024
In California, custody decisions are made based on the best interests of the children, not solely on the size of each parent's home. Courts consider various factors when determining custody, including:
1. The children's ages and health
2. Emotional ties between the parents... View More
She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More
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answered on Apr 16, 2024
I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:
- Even without a formal court order, both legal parents have equal rights to their... View More
Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.
Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??
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answered on Apr 15, 2024
I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.
Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as... View More
In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More
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answered on Apr 15, 2024
Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.
In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:... View More
My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More
answered on Apr 15, 2024
The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More
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