Edwin J Castellanos’s Answers

Edwin J Castellanos

Los Angeles Child Custody Lawyer.

Contributor Level 5
  1. My daughters father wants to get 50/50 for my daughter, but i dont agree to that ??

    Answered over 2 years ago.

    1. Edwin J Castellanos
    2. Robert Brett Burch
    3. David Lavi
    3 lawyer answers

    Child support is generally not a consideration in determining a particular parenting plan, however, father’s ability to care for the child is. Your very broad with the description of father’s issues. In order to get the visitation plan you want, you need to be ready to present specific and detailed evidence to show that father is not fit to have 50/50 custody. The most restrictive parenting plan would be monitored visitations. I suggest you ask for that and see how the visits go. After...

    4 lawyers agreed with this answer

  2. Could i get more child support if my ex income tremendously increase and has 2 kids

    Answered over 2 years ago.

    1. David Lavi
    2. Edwin J Castellanos
    3. Rhonda Diane Ellifritz
    4. Elena Mebtahi
    4 lawyer answers

    Based on the information you provide, you would qualify for an increase in your monthly support. Further, you should request that he pay at least half the work related childcare, which would be in addition to his monthly child support amount. You should also request an order for reimbursement of half the uninsured medical expenses. Regarding the children he has living with him. He may qualify for a hardship deduction, but with the mother of the children also residing there and working,...

    2 lawyers agreed with this answer

  3. Me and my brother recent purchased a property after his divorce finalized but before the divorce they had a post-nup

    Answered over 2 years ago.

    1. Rhiannon Michelle Safford
    2. Edwin J Castellanos
    3. Richard H Wilson
    3 lawyer answers

    Typically, property purchased by a spouse after the date of separation is not part of the community estate. Therefore, is not divided at time of trial. There are exceptions. For instance, if your brother used community funds for the purchase of the property. The post-nup may also affect the classification of this asset as community or separate.

    2 lawyers agreed with this answer

  4. Should I file for divorce in Florida or California?

    Answered 13 days ago.

    1. Gregory Paul Benton
    2. Svapna Alan Trivedi
    3. David Raymond Mahood
    4. Edwin J Castellanos
    4 lawyer answers

    As stated by the other responses to your question, you cannot file for divorce in California. However, you can file for legal separation and in the alternative divorce. Once you have lived in California for 6 months and in your particular county for 3 months, you can convert your case to a divorce case. However, you will not be able to litigate custody issues in California as your minor child must have been living in California for six months prior to filing your California case. Custody...

    1 lawyer agreed with this answer

  5. What forms are required to file Legal Guardianship of a minor in the county of Los Angeles, CA?

    Answered 4 months ago.

    1. Stephen Paul Levine
    2. Edwin J Castellanos
    2 lawyer answers

    In order to become a minor’s legal guardian in Los Angeles County, you will need to complete the following forms and notices and file them with the clerk’s office when you are finished: Be advised there may be additional forms that apply to your particular matter. The below stated forms are the basic forms that are required to file in Los Angeles County. COURT FORMS 1. Probate Case Cover Sheet PRO-010** 2. Petition for Temporary Guardian GC-110 3. Or Petition for Temporary Guardian of...

    1 lawyer agreed with this answer

  6. 1. I want to get a divorce in California. Will my college loans/credit accrued during our marriage be divided between us?

    Answered 4 months ago.

    1. Howard M Lewis
    2. Wail Sarieh
    3. Edwin J Castellanos
    3 lawyer answers

    At time of divorce, the student loan will be declared the separate property of the person who incurred the debt, which would be the spouse who is the student. There are exceptions to this general rule. For instance, when such a disposition would be 'unjust' given the extent to which the community benefited from the education, training or educational loan. However, bear in mind that if the student loan was paid during the marriage, the community may have a claim for reimbursement of those...

    1 lawyer agreed with this answer

  7. I filed a change of venue motion and served my ex's attorney. Do I need to personally serve him too? It was after post-judgement

    Answered almost 2 years ago.

    1. Edwin J Castellanos
    2. Elizabeth Jones
    3. Edna Carroll Straus
    3 lawyer answers

    Family Code §215 requires service of a post-judgment motion to be served on the party directly. Service on his attorney is not valid. However, Family Code §215 does not require personal service since the court already has jurisdiction over the case and the parties. However, the service issue is not settled regarding a motion to change venue, and you should consult an attorney in your area. It is to late to serve your ex-spouse either by mail or in person. You will need to get a...

    1 lawyer agreed with this answer

  8. I was divorced in 2008, there is no mention of pension in the judgement, am I entitled to any of my ex's pension, if so, how do

    Answered over 2 years ago.

    1. Warren Sherwood Forest
    2. Edwin J Castellanos
    3. Rebekah Ryan Main
    4. Madeline Louise Hill
    4 lawyer answers

    Based on the information you provided, it appears that you may be entitled to some portion of your ex’s pension. However, you are only entitled to your community property portion incurred during the marriage (after date of marriage and before date of separation). If there is a community property portion of your ex’s pension that was not divided, you can file a motion under Family Code §2556, to divide the pension now.

    1 lawyer agreed with this answer

  9. If my ex contacted me while a temporary restraining order was in place does it make the order null and void?

    Answered over 2 years ago.

    1. Trisha Ellen Newman
    2. Edwin J Castellanos
    3. Benjamin J Lieberman
    3 lawyer answers

    The restraining order does not become void. Contact by the other parent is not prohibited. Based on the facts given in your question, I do not believe that you are in violation of the no contact order with the other parent, since you did not initiate the call. Same would apply if the other parent came to your home with the child. You are not obligated to immediately leave your home in fear of violating the stay-away order. Depending on what custody orders are being sought, I do believe...

    1 lawyer agreed with this answer

  10. Do both parties have to sign the fl-130 before turned in to the courts?

    Answered over 2 years ago.

    1. Michael Charles Schwerin
    2. Edwin J Castellanos
    2 lawyer answers

    The FL-130 (Appearance, stipulation and waivers) is typically used when the parties have reached an agreement in their case. Therefore, both parties need to sign the document. The Respondent would typically check off one of the boxes in Section one (1) depending on whether he/she has already made an appearance in the case. In Section two (2), you would typically check off box 2a, b, c, d, and e. If the case is a paternity matter (parties not married), then you also check box 2f.

    1 lawyer agreed with this answer

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