Ali Shahrestani, Esq.'s answer A change of venue is requested via a Motion, and you would have to show good cause for that request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...
Ali Shahrestani, Esq.'s answer You can call CPS and the police to report child abuse/ neglect. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
You should consult with a family law attorney for the jurisdiction your order was written. I see you're in South Carolina but you're posting to the California family law section. Find an attorney that practices where the order was written, bring a copy of your order to the consultation, and discuss what is happening and what you would like moving forward. The attorney can give you the best advice...
Angelina Bradley's answer You should consult with an attorney about the specifics of your case, but, to answer the question "What form...", the answer is a Request for Order to modify child custody and visitation.
You'll be ordered to counseling to try and work out a custody plan, and, if you don't agree, then the counselor will send a report and recommendation to the court. At the hearing, you'll make your arguments and the father will make his, then the court will make the final custody order.
Angelina Bradley's answer It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.
As for what you can do, if she refuses to comply, and the order doesnt bar travel out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of...
You would first need to start off by filing a petition for dissolution of the marriage to dissolve the marriage. When filing the petition you can address the custody issue and the child support as well. The Department of Child Support Services (DCSS) can be useful in assisting to get your child support payments started, but you first need to get a custody order which DCSS can help you with too. Please let me know if I can be of further assistance.
Andy Cook's answer You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.
Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state.
I am out of the office today, but I will be back on Tuesday at 619-515-9900.
Angelina Bradley's answer Yes, you can include her. In a divorce, parentage can be adjudicated. But if you think she's going to contest you on that, it may make sense to file a parentage case under the presumed parentage code.
You should consult with an attorney to determine the best course of action.
Angelina Bradley's answer If your son is a protected party and the order includes that custody is with you, then you can use the order to contact law enforcement to help you retrieve your son once the order is served.
Andy Cook's answer He does not have legal grounds because it generally is against the law in California to remove one's child from school early. You ought to file a motion with the court to define what the custody schedule is, or should be, now; and, assuming you get custody, to get child support.
Angelina Bradley's answer The family law facilitator’s office or self-help Center at your courthouse will provide guidance for free.
If you’re looking for an in-court attorney to make an appearance at the hearing, start with Bay Legal. If they can’t help, try searching for “unbundled lawyer services”. Many attorneys, like me, offer limited scope services and payment plans. Unfortunately I’m in San Diego — I could help with your paperwork but not with showing up in court.
Angelina Bradley's answer You would file a Request for Order for modification of child custody and visitation. The court would then order you both to Recommending Counseling (mediation) to try to come to an agreement. If no agreement, the Counselor would make a recommendation to the court, and the court would likely make that recommendation its order.
You should consult with an attorney directly if you have any questions regarding your case. Feel free to reach out to me or any attorney in your area for...
As the alleged father, he can petition a court for parentage. He hasn't done that in 9 years. Who knows if he ever will. But, if he does, he will be asking for the rights and obligation of a parent. In over-simplified terms, that's the right to visitation and the obligation of support.
The reality is that, for a 9-year absence, any FCS recommending counselor (the person the court orders you to speak with regarding a custody plan) is not going to...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.