Skip to main content
Sanjay Augustine Paul
Avvo
Pro

Sanjay Paul’s Answers

171 total


  • What should I do? Should I file for sole custody and if I do when must I do this?

    I am a 20yr old mother of an 8 month old baby boy. When I got pregnant my sons father left me. He said he would be willing to sign off his sons rights but I'm sure his parents will object to him doing that. My sons father is 21 and I have no idea ...

    Sanjay’s Answer

    You will need to file a Paternity Action to establish the child's father. From the paternity action, you can request sole legal and physical custody. If you really wanted to terminate him completely from your child's life, you can request termination of parental rights. Keep in mind, the father has to be served personally and can challenge termination of his rights to visit his child if he is so inclined.

    You need to speak to a family law attorney.

    Best of luck,

    -Sanjay Paul

    See question 
  • I filed for divorce, she responded but I was never served. I filed for a default and it was rejected. How do I get a court date?

    I just want the process to end; I want the divorce to be final and also want a custody hearing so I can see my kids

    Sanjay’s Answer

    Just to clarify, did she mail you her response? If she did mail it to you, then that's sufficient. She is not required to have you personally served with a response, if that's what your question alluded to.

    To establish temporary orders, file a Request for Order with the court. You should retain an attorney to help you or get help at the self help center in the courthouse.

    Best,

    -Sanjay Paul, Esq.

    See question 
  • My husband is demanding bank statements to see if i have any Ira's that he doesnt know about.

    We are using a paralegal for our divorce in attempt to keep it simple. does he need a court order for the statements?

    Sanjay’s Answer

    You should probably use an attorney instead of a paralegal. Then you would be able to receive legal advice about your rights in a divorce. As Mr. Gould-Saltman indicated however, you have a duty to exchange financial information in a divorce. Don't hide your assets.

    Best of luck,

    -Sanjay Paul

    See question 
  • Do I have to serve a FL-150 on the other party?

    If I serve a RFO FL-300 o the other party, do I also have to serve a FL-150 with FL-300 & FL-320?

    Sanjay’s Answer

    • Selected as best answer

    If you're asking for anything financially related in your RFO; i.e. child support or spousal support etc, then you have to fill out and submit your FL-150 and submit a blank FL-150 for the other party to fill out.

    You should seek the assistance of a lawyer. If you cannot afford one, you should get assistance at one of the family law self-help centers at the courthouses in L.A. Doing this on your own is not a good idea.

    Best of luck,

    Sanjay A. Paul

    See question 
  • How do I go about modifying a spousal support order?

    A separate lawsuit from her lists her Income significantly different from our original documents. Her income and expense declaration shows 8K in spending but only $4K in income. Obviously a lie somewhere. Insane items listed also like charitabl...

    Sanjay’s Answer

    • Selected as best answer

    File a Request for Order with the court. It might be helpful to also propound Form Interrogatories on her. Also, you may want to look at your ex-wife's Income and Expense declaration that the original support was based on to see what her expenses were. Sometimes when a spouse shows more expenses than income, the judge will impute the expenses as her or her income. So you want to make sure that her "exaggerated expenses" weren't already accounted for in the original support order.

    And if you're cleaning up massive debt, you may want to look into a bankruptcy.

    Best of luck,

    -Sanjay Paul

    See question 
  • Do I have full custody of my child, if the biological father isn't present?

    My child is three years old and her biological father doesn't attempt looking for her. Do I automatically gain full custody of my child, if her biological father isn't present? I've been a single mother for three years, he also wasn't in the pict...

    Sanjay’s Answer

    This is a tricky question. You do have custody of your child, but there's no document or court order saying that you have full custody of your daughter - so for example, if you want to travel out of the country, you don't have the authority to without the consent of her biological father. My recommendation would be to file a Paternity Action and have bio dad served with it. A paternity action will enable you to establish custody and child support for a child born outside the marriage. You will do your child a favor by establishing who her father is biologically and legally and you may be able to collect some child support. Now on the flip side, when you open the paternity door, you do give bio dad certain rights b/c legally its established he's the father now.

    Hope that helps. Best of luck,

    -Sanjay Paul

    See question 
  • I got legal separation judgment about 10 months ago, but I just find out that I didn't receive fair

    settlement on spousal support section. It seems my lawyer wasn't enough aggressive, and he could do better on that section. Can I still go back to court and ask for modification? what is chances?. Is there any time limits. Please , give me full d...

    Sanjay’s Answer

    I think it's important to realize that notions of "fair settlement" are relative and what may seem unfair to you, may seem fair to a judge. Keep in mind the cost and time considerations of modifying any subsequent agreement for minimal or no gain. And clients that hire "aggressive" attorneys are rarely happy with the results, or the bill.

    Best of luck,

    -Sanjay A. Paul

    See question 
  • Married 20 years, separated now, no assets, 2 minor children, does it matter who files first, both in same county,

    neither employed, however, husband started own business making medical marijuana edibles, but keeps no records. am i entitled to part of that business? he is 50 50 partners with his brother and he will say he has no job when we go to court as to ...

    Sanjay’s Answer

    Generally speaking, it does not matter who files first. There are some discovery related procedural advantages to filing first; but nothing that can't be overcome. Proving business income is always a tricky matter; you will have to resort to bank statements, profit and loss from the business and possibly even an expert to opine on the value of the business and the income he is making. However, the court often sees business owners claiming very little income, so there are tricks of the trade a competent attorney can guide you with.

    Best of luck,

    -Sanjay A. Paul

    See question 
  • Getting a set aside of Marital Settlement Agreement

    Under what conditions will a judge agree to a set aside of a marital settlement agreement that I signed less than a year ago? The judgement for the MSA has gone through, but I feel as though my lawyer did not do a very good job in getting me the b...

    Sanjay’s Answer

    The court is not likely to support "buyer's remorse." If you signed the MSA, with counsel, getting "the best outcome" is not likely a good enough reason to set aside the MSA, even if you were within the 6 month period to do so. You've also indicated you will receive support for 10 years; that's a long time. There's no guarantee that spousal support would have continued even if there was no termination date because you would have been likely given a "Gavron warning" to become self-supporting within a reasonable time.

    Best of luck,

    -Sanjay A. Paul

    See question 
  • Filing for divorce+new residence in California

    it is about two weeks I reside in California, before i was in Texas for four years, i married in TX and registered it as common law marriage in county in TX, my husband left me last year and went to Iowa to live with another woman, can I file for...

    Sanjay’s Answer

    You are not eligible to file for a Divorce yet because you have not been a resident 6 months; however you are eligible to file for Legal Separation in California. Once you reach your 6 month residency, you can then amend your petition to that of a dissolution. The advantage of filing for legal separation first is that you will still get the relief you would seek in a divorce (spousal support; child support, property division, etc).

    Best of luck!

    -Sanjay A. Paul

    See question