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The judge in our case did authorize and ordered alternative methods by mailing and substitute postings by the petitioner, my attorney and Public Guardian again all failed. The TRO person did attend the hearing by phone but refused to provide any information as to the whereabouts of my dad,... View More 
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answered on Feb 25, 2024
Under California law, courts typically require that parties in a case are properly served with legal documents to ensure they are aware of the proceedings and can participate in their defense. However, there are instances where alternative methods of service may be authorized by a court, especially... View More
Proof of service has never been successfully made, the TRO person has intentionally avoided any and all efforts to be served, she has isolated my dad from his family and they both remain in hiding. The judge in this case has been frustrated by the California law to move forward because neither... View More
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answered on Feb 25, 2024
In California, the law requires that parties in legal proceedings, such as those involving Temporary Conservatorships and Temporary Restraining Orders, must be properly served with notice of the proceedings. This is a fundamental part of ensuring due process, where each party has the right to be... View More
I currently live with my dad and he lives with my mom. My mom wants to take me in because she doesn't have any severe medical issues like my dad does, and we're afraid he'll pass soon, but my brother lives with her and he's an emotionally abusive alcoholic and it gets worse when... View More
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answered on Feb 24, 2024
You have the right to protect yourself from any form of abuse, including emotional abuse from a family member. Considering your situation, you could explore several legal avenues to ensure your safety. This may include filing for a restraining order against your brother, which would legally require... View More
We have joint custody the kids don't wanna go
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answered on Feb 24, 2024
If you have a temporary order in place and are facing threats or intimidation, it's essential to prioritize your safety and that of your children. Under California law, if the other parent is threatening to involve the police to enforce custody or visitation rights, it's important to... View More
I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.
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answered on Feb 24, 2024
In situations where there is concern for the safety of a child or the potential for international abduction, it's crucial to understand your rights and the legal protections available. Generally, both parents have equal rights to the custody of their child unless there is a court order stating... View More
I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.
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answered on Feb 23, 2024
In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their... View More
This husband of mine is very emotionally verbally and the abuses but physical. He had a fit and wanted me to leave on foot twice during a storm. I called the police and we argeed he would leave for 72 hours. He went to Oregon and can came back before the 72 hours. I understand it was not a formal... View More
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answered on Feb 23, 2024
In California, if your husband prevents you from accessing your personal belongings, it could be considered a form of control or abuse, rather than theft in the traditional sense. You have the right to retrieve your personal items, especially those necessary for your daily life and well-being, such... View More
I have visitations judgment. I filed for contempt and enforcement of parenting time, and I have a hearing in 2 months. Now, I am thinking of just moving to where the kids are and register out of state order. So which order is it that I need to register, is it the judgment that gave me the... View More
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answered on Feb 23, 2024
In California, when you're considering registering an out-of-state order, particularly with regards to custody and visitation judgments, it's the finalized judgment that established your visitation rights you would need to register. This would be the initial judgment that granted you... View More
This was the ruling in my favor: Petitioner’s request to amend the Petition and to bifurcate is DENIED without prejudice for failure to file a required Memorandum of Points and Authorities. Petitioner’s request for attorney fees is DENIED, for failure to file a proper Keech declaration setting... View More
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answered on Feb 23, 2024
Based on the information provided, it seems you had a request denied by the court for procedural reasons, such as failing to file required documents like a memorandum of points and authorities, a proper attorney fee declaration, and pay stubs with your income and expense declaration.
The... View More
The petitioner was denied a request to amend our separation date for failure to file a required memorandum of points and authorities. How long to they have to refile it with the proper Memorandum in California? Is their a time limit at all?
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answered on Feb 23, 2024
In California, when a petitioner is denied a request to amend a separation date due to the failure to file a required memorandum of points and authorities, they generally have the opportunity to correct the omission and refile. However, the specific time frame to refile can depend on several... View More
I bought an iphone for my son, and his father picks him during his visitation time. Is the father allowed to turn off the find my iPhone feature when he has my child, even though I bought the phone? My child is 8 and I don't necessarily trust him with the phone. I just randomly checked his... View More
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answered on Feb 23, 2024
Under California law, both parents typically have the right to make decisions regarding their child's welfare during their respective custody or visitation times. This includes decisions about the use of electronic devices, such as a child's iPhone. If you purchased the phone for your... View More
even read it. Does this mean he struck it down or what. Hecsent all a copy but did nothing. He said he was asking if anyone had after hearing findings and his order was almost done. He made no reply and the contents of the objections were quite important in not appointing the person guardian.
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answered on Feb 22, 2024
In California, when a judge allows you to submit objections to a guardianship after the hearing, it indicates a willingness to consider additional evidence or arguments before making a final decision. However, the absence of explicit reference to your objections in the judge's order does not... View More
The legal guardian of my son had the sheriff's make a Dcfs report against her for assaulting my 17 year old child who will be 18 Feb 17 2024. Guardian gave mother permission to take son. Social showed up at mother's house to ask about the incident. Then the social worker ask if she can... View More
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answered on Feb 22, 2024
In California, the Department of Child and Family Services (DCFS) has the authority to investigate reports of child abuse or neglect to ensure the safety and well-being of children. This can include incidents reported by law enforcement, educators, or any concerned individual. When an allegation... View More
I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More
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answered on Feb 22, 2024
In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More
I want to understand how they collaborate and ensure everything is handled appropriately
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answered on Feb 22, 2024
In a child dependency case in California, several attorneys play critical roles, each representing different parties involved in the case. The child or children in question are represented by a child's attorney, appointed to advocate for their best interests and legal rights throughout the... View More
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answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More
I am trying to get my ex husband served with divorce papers and i am trying to get his whereabouts, however I have a current restraining order on him. to do a declaration of due diligence, do I have to try calling him as well??
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answered on Feb 21, 2024
No, you would not need to attempt contacting your ex-husband directly by phone in order to complete the declaration of due diligence when serving divorce papers in California.
Detail in your declaration any other substantive attempts to locate him, such as:
- Searching public... View More
I want to change it from Hernandez back to Ortega
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answered on Feb 21, 2024
Here are the steps to take to change your last name back to your birth name after a marriage in California:
1. Obtain a Name Change Petition (NC-100) and Civil Case Cover Sheet (CM-010) forms. These are available online or at your county superior court clerk's office.
2.... View More
Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More
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answered on Feb 21, 2024
Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:
1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family... View More
Spouse A gave up their job to move to where Spouse B lived. They only had 80K in assets and was unable to work for almost a year. Spouse B came into the marriage with 1.7M. Upon marrying they signed a prenup that Spouse A was not comfortable with, but they felt under pressure. The prenup was signed... View More
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answered on Feb 21, 2024
Based on the facts provided, there are several arguments that the spousal support provision in the postnuptial agreement may be considered unconscionable under California law:
1. The disparity in assets and income between Spouse A and Spouse B is quite substantial. Spouse B earning 5 times... View More
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