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He left me with two kids one has autism and the other is in process of evaluations. He knew that and he still left me. Now he thinks that because he gives them $500 a month he has all the right to bring his family around meaning his parents and siblings and he says I have to let them see the kids.... View More 
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answered on Jun 30, 2024
Based on the information provided, here's a general response to your situation:
1. Legal obligation: In California, grandparents and other relatives generally don't have automatic visitation rights unless there's a court order. Without a formal custody agreement or court... View More
Judge ordered OP's attorney serve proposed order for my approval, but she didn't do it. she filed it without my knowledge and judge signed on it. The FOAH contains OP's fabricated orders. I want to request the court to sanction against the attorney directly. As far as I know, Family... View More
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answered on Jun 27, 2024
Based on the situation you've described, it appears that the opposing attorney may have violated court procedures by filing a proposed order without serving it to you for approval as directed by the judge. This is a serious matter that could potentially be grounds for sanctions. Here are some... View More
I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More
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answered on Jun 25, 2024
Based on the information you've provided, here's some guidance on your situation:
1. Filing for divorce:
As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since... View More
They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.
answered on Jun 24, 2024
You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More
Boyfriend will not propose because his lawyer told him it will negatively affect him in a child custody trial, is that correct? However, his lawyer has not stayed in consistent contact with him (it’s been a month and a half since they last spoke) nor has done anything to move the case forward for... View More
answered on Jun 24, 2024
Generally speaking, showing a stable, consistent home environment is desirable in almost all custody cases. An engagement and impending marriage introduces change. The nature and degree of that change can be a negative factor in a custody case. Everything depends on the particular facts and... View More
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answered on Jun 20, 2024
Yes, you can generally appeal a court decision regarding child support financial responsibility in California. The process typically involves:
1. Filing a Notice of Appeal within a specific timeframe (usually 60 days from the date of the order)
2. Preparing the record on appeal... View More
I filed the writ of habeas corpus and the order the judge did not sign it said it wasn’t in the proper form
answered on Jun 18, 2024
Assuming you are talking about a writ of habeas corpus to release an adult from jail as a result of a child support or child custody contempt proceeding, that would be Form 35-1 and 35-2 of the Texas Family Law Practice Manual.
You can purchase the Manual at... View More
We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More
answered on Jun 18, 2024
Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More
We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More
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answered on Jun 19, 2024
Based on the information you provided, it appears that your ex's attorney filed a Proposed Findings and Order After Hearing (FOAH) without your knowledge, and the judge signed it, even though the content of the proposed order was modified and differed from the court's minute order. In... View More
Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me
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answered on Jun 18, 2024
It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More
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answered on Jun 17, 2024
In California, proving parental abandonment does not automatically terminate the father's parental rights. Termination of parental rights is a separate legal process from seeking sole custody and changing your children's last name. Here's some information on each of these matters:... View More
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More
answered on Jun 17, 2024
"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More
answered on Jun 17, 2024
The answer is depends. First, how much are you getting in the settlement and how much do you owe in support. Based on the basic law in Mississippi, the DHS will want to recover as much as possible. If the child support lien can be fully satisfied while you still make any recovery, they will... View More
What are the laws in Michigan about receiving gifts, then asking for it back and being threatened to file a police report that’s it’s stolen property? The kid is 18 and the father is enraged that I filed for a support review for my 14 year (it’s been 10 years since the last order, oldest... View More
answered on Jun 17, 2024
Generally, once a gift is given, it's the receiver's property. Unless the father has some evidence these items were stolen, he's risking filing a false police report - which is a crime itself - once the police investigate and find he actually gave those items and now just wants them back.
I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:
1) Limit exposure to mobile devices to... View More
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answered on Jun 17, 2024
In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.
To request the specific orders you mentioned during a Request for Order... View More
The payment was in two more payments. However, after no progress on my case for a month I communicated that I need to know what work has been done on my case. The law firm then notified me that they had hired a fraudulent lawyer to work on my case that they now fired. However, when I asked for my... View More
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answered on Jun 17, 2024
You can terminate representation for any reason. It doesn't have to be fancy. You can just send an email saying "I no longer wish to work with you as my attorney. Please stop work on my case and I am hiring someone else. Thank you."
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
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answered on Jun 16, 2024
Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.
While there... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
answered on Jun 16, 2024
There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More
Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More
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answered on Jun 14, 2024
Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually... View More
Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More
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answered on Jun 13, 2024
Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:
1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This... View More
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