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Talitha Davies Wegner
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Talitha Wegner’s Answers

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  • California divorce and child custody. He won't sign the final judgement

    We went to court and both agreed to and signed the Settlement Agreement and the judge signed off as well and we both verbally agreed to everything under oath. I agreed to handle the preparation of the final judgement. He will not respond to my r...

    Talitha’s Answer

    If agreed to handle preparing the judgment, make sure you have followed the rules of court here: http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1590.

    Once you are sure you have followed those rules, you can make a declaration saying you complied with the Rules of Court and that your ex has not respondent. You can file a motion pursuant to CCP 664.6 (and attach your declaration as an exhibit) which states, "If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the
    settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement."

    If you have met all the time requirements and proper service of the documents on your ex, the judge will have the authority to make the stipulation a judgment of the court.

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  • Who stays in the house in case of divorce

    Separate property

    Talitha’s Answer

    It depends on the circumstances. I suggest you provide more details (is the house owned by you both? owned by one of you? rented? if rented, are you both on the lease? can either of you afford the lease without the other's income?). If necessary, either party may make a motion for exclusive possession of the home. If you are not getting along, try to come to an agreement rather than wasting money over a motion for exclusive possession.

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  • What is the cost for uncontested divorce in Southern California ?

    What is the cost for uncontested divorce in California ? After filing uncontested divorce, how many times the couple needs to visit the court before the final result.?

    Talitha’s Answer

    If you meet certain requirements, you may qualify for a summary dissolution (no kids, no property, etc.). See:
    http://www.courts.ca.gov/selfhelp-summarydissolution.htm

    The fee to file is $435. There is also a $435 fee to respond. If you qualify as low income, you may apply for a fee waiver. See: http://www.courts.ca.gov/selfhelp-feewaiver.htm

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  • Affidavit for Duplicate Public Marriage License - Name & Witness Info Section

    On an Affidavit for Duplicate - Public Marriage License, the section titled "PRINT Name and Address of Witness" has 6 lines labeled 26A, 26B 26C, 27A, 27B, 27C on the form - I assume they are referring to the original marriage license, which are t...

    Talitha’s Answer

    I suggest using this form. https://www.cdph.ca.gov/pubsforms/forms/CtrldForms/vs113a.pdf

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  • Am I entitled to pay child support ?

    If I have an open case with The Department of Children and Families Services and my daughter lives in an out of home placement (meaning she lives with neither her father or I) with the father's brother until I get her back in October. My daughter'...

    Talitha’s Answer

    Contact the DCFS social social worker and ask the status of child support. You should receive notice and an opportunity to be heard before you are ordered to pay child support. You may want to contact child support services (link below) to ask about the status of child support http://cssd.lacounty.gov/wps/portal/cssd

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  • I was visiting a friend, I had my dog with me, we were in the front yard and my dog chased a cat.

    He ran after the cat and went into a small space where there was rebar. My dog ran into the rebar and punctured him under the arm. Vet bills are $1300.00. Who is responsible for my dogs vet bills. Will his homeowners insurance pay for it.

    Talitha’s Answer

    If the injury occurred on your friend's property, ask your friend if you can make a claim against his / her homeowner insurance policy and submit the veterinarian invoices. It is unlikely such a small claim will affect your friend's insurance - however - it may not be a high enough claim to reach the deductible. If that is the case, if you believe your friend was negligent in not advising your of the rebar, then ask your friend if he / she is willing to make a contribution to your dog's vet bills. If your friend allows you to bring your dog when visiting, then your friend must be a dog lover too. Sorry your dog was hurt.

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  • What can I do to gain custody of my toddler?

    My child's parent left the state for over a week and left my child behind with their family. The parent has full custody but I have weekly visitation.

    Talitha’s Answer

    It would be a good idea for you to provide more information so that attorneys can answer the question. You may wish to answer these questions: 1. Why did the parent leave the state? 2. Parent has full custody and left the child with their family - is there some reason why leaving the child with family is in violation of the custody order? 3. Why do you have weekly visitation while the other parent has custody? 4. You state that you want to gain custody of your child but you do not give background as to why the existing orders are in place. Without knowing that detail, it is difficult to give you advice. To file a motion for custody modification, a change of circumstances is usually necessary.

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  • Can my mother who is over 18 that lives in the same house as me serve child custody papers (the one by mail)

    Shes not part of my case. Court saw the same address from the proof of service and didnt say anything and I still got a court date. That actual big packet of forms being served to the child father has to be served in person and that one will be by...

    Talitha’s Answer

    This is the form that should be used for mailing a proof of service in family law. As long as the sender meets the requirements, it does not matter where they live. http://www.courts.ca.gov/documents/fl335.pdf

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  • What is best way for a father to fill out and file an FL-200 complaint to establish parental relationship?

    I have sole physical custody she has joint legal. My son needs to be enrolled in kinder and my name is not on her birth cert, even though I had total custody for 2 years. I cant enroll him until it is added. Since mom will not sign the form I've b...

    Talitha’s Answer

    This is the shortest route to paternity. http://www.childsup.ca.gov/resources/establishpaternity/fileadeclarationofpaternity/tabid/102/default.aspx

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  • Does my ex need to disclose tape recordings taken without my knowledge prior to custody RFO hearing?

    I suspect my ex taped a conversation with me and then quoted from the conversation in his declaration. I need to respond and I swear there are certain things I didn't say but I was shell shocked so I can't totally recall. So the question is - if h...

    Talitha’s Answer

    • Selected as best answer

    If your ex attempts to introduce the tape as evidence, then object based on the fact that he made the recording without your permission. Please note that he can testify as to what he heard you say and he does not need to introduce the recording. Generally a judge will not give time to "he said, she said" statements unless there is someone significant that is relevant to the best interests of the child. If you made the statements, you should not perjure yourself in court by denying it. Credibility is very important with a judge. Be calm, organized and professional. Do not respond to what your ex says. Rather look at the judge, answer the judge's questions. Do not get bogged down in "he said, she said". Rather, speak specifically about why it is the children's best interests for the judge to grant your request for order (or to deny your his).

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