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Petitioned for custody in March of 2023
Could not locate respondent so asked judge for service by posting April of 2024
Service by posting currently in place (waiting on posting period to be over)
Would like joint custody (mother as custodial parent)
Mother claims to... View More 
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answered on Apr 30, 2024
Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
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answered on Apr 30, 2024
In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:
1.... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
answered on Apr 30, 2024
Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it... View More
I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More
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answered on Apr 30, 2024
Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:
1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these... View More
I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More
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answered on Apr 30, 2024
I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More
My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More
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answered on Apr 30, 2024
In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More
When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate
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answered on Apr 29, 2024
In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More
My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More
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answered on Apr 29, 2024
It sounds like you're in a very difficult situation, and it's important to address your concerns about access to your property in Oregon. Under California law, if the Oregon property is jointly owned by you and your husband, he generally does not have the right to exclude you from the... View More
The child mother and I will not be able to come to an agreement for visitation.
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answered on Apr 29, 2024
In California, your initial step in navigating child custody mediation when you anticipate a disagreement over visitation is to file a request for a custody and visitation order. You can start this process by completing and submitting the required forms, which include the Request for Order form and... View More
My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More
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answered on Apr 29, 2024
I'm so sorry to hear about the difficult situation you're in with your husband. It sounds very stressful and upsetting, especially being blocked from accessing your own home and property in Oregon.
To answer your main question - in most cases, if the house in Oregon is marital... View More
I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More
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answered on Apr 28, 2024
I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:
1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still... View More
i want our child to get braces dental insurance only pays for medical necessity… i can’t afford even on payment plan he says he can’t afford either but i don’t believe him what can i do
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answered on Apr 27, 2024
In California, child support guidelines and policies can be found through the California Department of Child Support Services (DCSS). Their website, https://www.childsupport.ca.gov/, provides a wealth of information, including a guideline calculator, forms, and resources for parents.... View More
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 left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More
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answered on Apr 26, 2024
I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:
1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for... 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
the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More
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answered on Apr 25, 2024
Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... 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
Divorce case number: Dr 40718.
1) 1/2 of house done.
2) need to complete getting 1/2 of his retirement.
3) & 1/2 of the items in our home that was bought during the marriage.
4) 1/2 of his social security, being the first wife.
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answered on Apr 25, 2024
To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More
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