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Devin Alan Weisberg's Answers
- 10 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Can my sister babys father get full custody if he has a felony and on probation but he is also getting cash aid for the baby?
When determining child custody, a family court judge will have to first determine what is in the best interest of the child. Looking at your issue from this perspective, the main questions that must be addressed are 1) What type of felony conviction does the father have and how recent is it? 2) Is the mother able to provide an environment that is safer and more stable for the child? and 3) Which parent is more likely to ensure that the other parent has frequent and consistent contact with the...
2
Attorney answers:
I was supposed to serve my ex and the courts with the findings and order after hearing within "the period prescribed by the
The fact of the matter is that there is a minute order out there that reflects the judge's decision in your case. That minute order needs to be reduced to a written order signed by a judge that you can turn around and enforce. Despite the fact that you did not submit a Findings and Order After Hearing within the proscribed time, you may still submit that proposed order at any time and the judge will have to sign it if it conforms with the actual findings and there is no objection from the...
2
Attorney answers:
What does calcrim Nos. 416-420 mean.
I think you are asking whether or not prosecutors can charge someone with a crime for taking the witness stand and committing perjury. If I am correct, then the answer is yes. Perjury is a crime and you can be charged with perjury if you commit that crime. However, perjury is not always easy to prove and unless there is substantial evidence showing that the person who testified lied under oath, the prosecutor's office is not likely to pursue it. With regard to your question about CALCRIM No....
2
Attorney answers:
Can I file motion to set aside for domestic violence case?
If by domestic violence case you are talking about a CLETS DV temporary restraining order filed in the family law courts, then you should be able to file a new request for temporary restraining order. There is no need to "reopen" your previous case. If he is committing other acts of domestic violence, such as telling you he will kill you if you lie in court, then you have new grounds to ask for a new order. If by "domestic violence case" you are talking about a criminal case that involved...
1
Attorney answers:
Marriage/citizenship
First, extortion is a crime. California Penal Code 518 punishes you for extortion when you obtain property (or an official act) from another through force or fear. "Fear" (as it applies to blackmail), refers to one of four types of threats: 1.a threat to injure a person or property, 2.a threat to accuse the targeted individual (or any of his/her relatives) of a crime, 3.a threat to connect the targeted individual (or any of his/her relatives) with a disgrace, deformity, or crime, or 4.a...
1
Attorney answers:
My 15 year old special needs daughter accused her dad of molestation and alcohol abuse while she was in his custody.
One important factor is the child's age. Assuming that she is over 12 years old and is articulate and mature, she should have no problem conveying her concerns to her appointed minor's counsel. If your daughter informs minor's counsel of these concerns, it is likely that minor's counsel will reflect this in a report and tell the court what his/her client's preference is. That is really the purpose of appointing a minor's counsel in the first place - so that the child has a voice in the process....
2
Attorney answers:
I am getting behind in the child support payments, is there a way to be proactive so that I minimize this becoming a major
Child Support takes priority over all other expenses in the eyes of the Court. Unless the order is modified so that the amount paid is lowered, the Courts can be unforgiving. I suggest that you take proactive measures to modify the current orders by filing the proper documents in court to do so. If you are in pro per (i.e. representing yourself), you may find it helpful to contact a paralegal to assist you with the right paperwork. Oftentimes, many courthouses have a Family Law Facilitator's...
3
Attorney answers:
Is it legal to have my minor child recorded without my knowledge/consent in a school (speech therapy) setting?
Generally speaking, it is a criminal act to record someone without their knowledge or consent. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code ยง 632. The statute applies to "confidential communications" -- i.e., conversations in which one of the parties has an objectively reasonable expectation that no one is listening in or...
3
Attorney answers:
Finalizing divorce in CA through Request for Default of Entry by petitioner
If you have received a court stamped copy (i.e. conformed copy) of your Request for Default and it is checked off by the Court Clerk as having been entered, then you are in good shape. If you have not received a conformed copy from the Court, then another way to check is to go on www.lasuperiorcourt.org (assuming your case is out of Los Angeles County). Once on that site, you can click on Family, then Case Summaries, then enter your Case Number. You will see everything that's gone on in your...
2
Attorney answers:
My ex-wife and I signed an agreement for her to visit our child every other weekend, in return I was suppose to assist her by
Generally, a child support court order must be modified by filing the appropriate papers in court. The modification is only "retroactive" to the date that you file your papers requesting the modification. "Retroactivity" means that the court will make an order today that whatever is ordered today will be treated as if it had been ordered on some date in the past. In your case, you did not file any papers requesting a modification of child support when the child was under 19 and still in high...