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I have physical custody and share joint legal of my daughter. The other parent hasn’t spoken to us in a year and a half and lives in another state. But it says in the court order I need to give notice to move and ask other parent for permission. Can I ask the courts for this and be granted since... View More 
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answered on Jul 13, 2023
If your court order stipulates that you need to provide notice and ask for permission from the other parent before moving, it is generally necessary to follow those requirements. Even if the other parent has not had contact with you or the child, it is important to comply with the court order.... View More
I have physical custody and share joint legal of my daughter. The other parent hasn’t spoken to us in a year and a half and lives in another state. But it says in the court order I need to give notice to move and ask other parent for permission. Can I ask the courts for this and be granted since... View More
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answered on Jul 13, 2023
If you have physical custody and wants to move out of state with the child,
It requires seeking permission from the court or obtaining consent from the other parent.
While the lack of contact from the other parent may be a relevant factor, it does not necessarily guarantee that the... View More
We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More
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answered on Jul 13, 2023
If the biological father is harassing you on the Talking Parents app despite having zero custody and not complying with the court's order for reconciliation therapy, you may consider taking action to address the situation. Document the instances of harassment, including dates, times, and the... View More
We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More
answered on Jul 13, 2023
He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the... View More
My Ex and I went to court and got a child custody agreement, 50/50.... She asked for help getting a place in a school district where he older daughter (not my child) could go to the high school she wanted. We moved into a townhome together as I wanted to help her out. After a few months, we ended... View More
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answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding your situation. Generally, getting back together with your ex-partner does not automatically void a child custody agreement, especially if the agreement was court-approved. However, the specifics of your... View More
My Ex and I went to court and got a child custody agreement, 50/50.... She asked for help getting a place in a school district where he older daughter (not my child) could go to the high school she wanted. We moved into a townhome together as I wanted to help her out. After a few months, we ended... View More
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answered on Jul 12, 2023
Getting back together with your ex-girlfriend does not automatically void a previously established child custody agreement. The agreement remains legally binding unless modified or terminated through proper legal channels. Changing living arrangements or reconciling does not nullify the terms of... View More
And put in writing many times that all proceeds would be mine. Now he's saying no to our agreement.
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answered on Jul 23, 2023
If you had an agreement with your ex-spouse during the divorce that all proceeds would be yours and there was no property settlement at that time, that agreement may have legal significance. It is essential to review the written agreements and any relevant documentation to determine the... View More
He owes me 50000 back child support and I think it should be double because my family and I raised them he never even paid the 200 until he got unemployment. He is getting a big inheritance and the trustee is cutting a check to the state. I want to add some costs on there like day care expenses he... View More
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answered on Jul 11, 2023
You can sue your ex-husband for more child support now that he has come into millions. You can also add the costs of day care, high school dances, and your son's hospital bills to his bill. The court will consider all of the factors involved, including the income of both parents, the needs of... View More
Hi, good afternoon, I have this friend who owns a home. His wife passed away recently. Now he wants to sell his home but his children (2, male and female, both working, older adults) have told him if he sells they want a share of the sale proceeds. Both children live in his house without paying... View More
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answered on Jul 11, 2023
The answer to your question depends on a few factors, including the laws of the state where the home is located and the terms of the will or trust that your friend's wife left behind. If a child is not listed on the deed to a property, they do not have any legal right to the property. However,... View More
Hi, good afternoon, I have this friend who owns a home. His wife passed away recently. Now he wants to sell his home but his children (2, male and female, both working, older adults) have told him if he sells they want a share of the sale proceeds. Both children live in his house without paying... View More
answered on Jul 10, 2023
There is an old saying: "you can choose your friends but not your family." Your friend is not required to give the children a part of the sale proceeds for the home, UNLESS the wife left a Will granting the children her share of the community property in the house. If the man owns the... View More
I would like to find out how to make my temporary guardianship a legal guardianship and possibly adopt my nephew while simultaneously preventing my brother from removing nephew from my home. He has not met the terms of our agreement (which was 6 months of stable housing). My nephew has lived with... View More
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answered on Jul 10, 2023
If you currently have temporary guardianship of your nephew and want to make it permanent while considering adoption, there are steps you can take to protect his well-being. Consult with a family law attorney who specializes in guardianship and adoption to understand the legal process and your... View More
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answered on Jul 10, 2023
The Family Code may address issues related to uncollectible arrears owed to the state, and it may also have provisions regarding arrears owed to the mother. However, the specific details and provisions can vary depending on the jurisdiction and the circumstances of the case. To understand how the... View More
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answered on Jul 10, 2023
Family matters such as divorce, child custody, and spousal support are typically handled in the family court system rather than civil court. Family courts specialize in resolving disputes related to family relationships and have specific procedures and guidelines to address these issues. If you... View More
answered on Jul 8, 2023
The difference between Family Court and Civil Court, has little to do with biology. Family Court deals with family issues such as divorce, custody and support issues. Civil Court deals with most other issues, other than criminal and probate. For example, if your brother, mother, or even your... View More
Even if it’s co mingled $, can he try to take the house should we divorce or does it not matter after it’s co mingled while married?
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answered on Jul 10, 2023
In California, assets obtained during a marriage are typically considered community property, including funds from an inheritance. Even if the inheritance funds were co-mingled with joint funds and used to purchase a house while married, they could still be subject to division in a divorce.... View More
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answered on Jul 7, 2023
Generally, spouses cannot force each other out of the marital home without proper legal process. If you're facing this situation, it's important to consult with a family law attorney who can provide guidance specific to your circumstances. They will help you understand your rights, assess... View More
Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in... View More
answered on Jul 7, 2023
Speaking from the perspective of an attorney who practices in California (which is where this question appeared), location of marriage, citizenship, and/or country of origin of each spouse is not determinative of where you can file for divorce. In the United States, you file for divorce wherever... View More
Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in... View More
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answered on Jul 10, 2023
If a Danish/American man and Tanzanian woman got married in California in 2018, their marriage is likely legally recognized there. They moved to England in 2019, and even though the woman is currently in Canada, they might be able to seek a divorce in England. It's important for the man to... View More
I have out of state custody orders that will allow me to take my child from California where her mom lives, to Oregon. This needs to be amended due to the disruption to her education and social life if she were to enroll back and forth between Oregon and California every year. My question is that... View More
answered on Jul 7, 2023
If you want to amend/modify existing custody orders you will have to do so in the court where the case is venued. It is not clear from your question whether your case's origin is California or whether it was filed in Oregon. That being said however, I seriously doubt a court would grant a... View More
I have the children Wed evening thru Sunday afternoon, he has them Sunday afternoon until Wed evening.
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answered on Jul 7, 2023
When parents have a 50/50 custody arrangement, international travel with children may require mutual agreement or court approval. If there are no provisions addressing international travel, seeking your ex-partner's consent is advisable. If they do not agree, legal advice can help you... View More
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