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Brian Daniel Perskin
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Brian Perskin’s Answers

581 total


  • Service without registering the divorce complaint

    can anyone just prepare divorce documents and serve via courier without formally registering complaint in a court?

    Brian’s Answer

    No. An index number must be purchased prior to the other person being served with documents.

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  • Divorce/Custody: I don't have money for an attorney. Can I authorize a friend to advocate for me in court - give power of attorn

    Divorce/Custody: I don't have money for an attorney. Can I authorize a friend to advocate for me in court - give power of attorney?

    Brian’s Answer

    • Selected as best answer

    Unless they are an attorney currently, then no. Check out the Brooklyn Bar, or the Volunteer Lawyer's Project. http://brooklynvlp.org/programs.

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  • How long does L.A. CPS take to complete investigation.

    Can someone tell me more about how CPS conducts their investigation. Are they independent from DCFS. I have heard that it is better not to contact you to follow up.

    Brian’s Answer

    I'm sure the time frame will vary on a case by case basis.

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  • Hello i just turned 17 and i want to run away. Can I?

    Hello i just turned 17 and i want to run away because i dont like living at home. I have a job. I make like 1000 every month, so I would have enough money for a 500 dollar apartment and 500 dollars for fees and food. Can I run away and get Emancip...

    Brian’s Answer

    Do not run away. You will not be able to support yourself on $1000 a month, and I doubt a landlord would rent to you since you are only 17.

    If you can, stay with your parents until you turn 18. Save every penny you make, and move out in a year. If there is abuse in the home, contact the police.

    Running away is not a smart idea.

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  • What happens when child abuse is reported in a hospital?

    I my relative is responsible for the abuse but she lives in another city.

    Brian’s Answer

    your family member needs to hire an attorney, and should stay away from the child.

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  • Do you need an lawyer for a divorce? And how do I get started on the separation paperwork?

    I don't live with my spouse anymore and want to start the paperwork so he understands that this is my final decision. I moved out of the house we were living in since October of 2014

    Brian’s Answer

    You do not need an attorney, however, you should highly consider retaining one if one (or more) of the following are correct:

    1. You have children with your spouse
    2. You and your spouse own property or have other marital assets
    3. The divorce has a chance at becoming contested
    4. You are not an experienced in dealing with the courts

    An uncontested divorce with no assets is simple, but it is still possible to mess up the paperwork, filing, or process serving. A huge weight will be lifted off of your shoulders if you hire an experienced divorce attorney who can help you proceed forward.

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  • I filed for divorce and now there is a compliance conference scheduled. Is that the date the divorce will be final?

    I have a compliance conference scheduled for September 8th, in reference to a uncontested divorce filing. What is to happen in that conference? Is that the date the divorce will be final?

    Brian’s Answer

    No. Even if both parties were to settle all issues on or before September 8th, you will still be a few months away from having a finalized divorce.

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  • How can I stop my husband from leaving the country with our child?

    My husband and I moved to GA earlier this year from London. We are now separated. My husband is very mean and keeps threatening to take our child and moved back to London to keep her away from me. How can I stop him from being able to take her and...

    Brian’s Answer

    Retain an attorney immediately and file a petition for custody.

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  • Can my son go to live with his mother (non custodial) without a court order? She pays child support as well but hasn't been

    I am the custodial parent and his mother is required to pay child support. My son is spending time with his mother and he called to say that he wants to go and live with his Mother. He is 14 and will be 15 Aug 3. If he goes to live with her can sh...

    Brian’s Answer

    Before she can ask for child support, she must successfully file and "win" a petition to modify custody. This won't necessarily be easy, but it is doable.

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