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Jesus Silva Jr's Answers
- 83 Legal Answers
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2
Attorney answers:
07.06.09: Calif. Grandparent Rights? Can I file for my GP rights myself or do I need an Attorney? What is the process, please?
This is a great question on the RIGHTS OF GRANDPARENTS, and I agree with Attorney Routledge's sage comments with respect to the particular inquiry. Yes, California DOES permit a grandparent to petition the court for reasonable visitation rights IF certain factual conditions exist, namely at least one of the following: (1) The parents are currently living separately and apart on a permanent or indefinite basis, or (2) One of the parents has been absent for more than one month without the...
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2
Attorney answers:
My husbands son has been living w/ us for 2 yrs. The mother has sole custody.
Your concerns are warranted if the child's mother has a change of heart. A court order re child custody is effective and generally enforceable until it is modified. For stability and continuity, don’t wait until the child’s mother makes such a demand. Take the bull by the horns and have your husband file an OSC to request that LEGAL CUSTODY be modified to reflect the fact that the child has already been solely in your custody. Also request that the PHYSICAL CUSTODY orders be modified to...
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4
Attorney answers:
Can I legally force my ex-girlfriend to allow me to take a paternity test with my son?
I believe Mr. Kaman may have misunderstood the question as his response makes a reference to GRANDPARENTAL rights. While it is true that a biological parent does not have a California-codified right to either custody or access to their child SIMPLY because of his or her biological parentage, NEVERTHELESS, there is a legal process which any biological parent may take in order to have a court make that determination. In sum, YES, you MIGHT be able to legally force your ex-girlfriend to...
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2
Attorney answers:
Can a man legally change the locks on his 11 year old son and his girlfriend in CA?
Yes, a home-owner can generally exclude all other people who do not have a leasehold interest from that property, including the home-owner's minor child and/or the child's other parent. However, the home-owner does NOT have the automatic right to possess, steal or destroy the personal property of a guest that was within the home when the guest was evicted. You may want to consider a lawsuit (small claims or otherwise) for conversion (theft) of your personal belongings. Please consult...
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1
Attorney answers:
Do I need to fill the following forms when we agree to modify the children's custodial.
You are agreeing to give away 100% legal and physical custody of your child, along with $1,000 per month, and YOUR CONCERN is filling out forms that request your personal and financial data?! Without more information, your question is difficult to answer. Please consider seeking private consultation with an experienced family law attorney. Good luck!
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3
Attorney answers:
Family law
Not only is that unlikely, but it could be ill-advised for your child. Please seek a private consultation with an experienced family law attorney to discuss your goals. Good luck!
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2
Attorney answers:
My ex-boyfriend filed for joint custody of my daughter and son. He lied that I physically abuse them. what can I do
File a timely Response refuting his false allegations. And if your ex-boyfriend is in fact the father of the children always refer to them as "our children" instead of "my children". Consult with an experienced family law attorney. Good luck!
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1
Attorney answers:
Can my ex husband get custody of our son if he left us?
Yes, it is almost always possible for an Ex to come back into the custodial picture (if he or she really makes an effort), but you have a very strong advantage already -- actual historical custody. After the jurisdictional requirement has been met by your child, you should consider filing a petition in California for sole legal custody and sole physical custody and of course child support. Consult with an experienced family law attorney with whom you're comfortable. Good luck!
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2
Attorney answers:
Could I get a civil restraining order showing intent to cause emotional disstress to my child?
I think it is UNLIKELY to attain that Restraining Order if the threat is based upon communicating to an 18-year-old. Best of luck.
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1
Attorney answers:
My husband left me 1yr. ago for onother women, and now he always threatens to fight me for full custudy of my children. can he?
He could try to do it, but it sounds like a typical empty threat. Even if he tried, he may be unlikely to win unless you have serious skeletons in your closet. A restraining order may be attainable given certain facts. Please seek the detailed advice of private experienced legal counsel. Good Luck!
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