Vincent Barney Garcia's Answers

I share custody of my son with his mom (verbal agreement) she wants me to share custody with her brother in case she dies.

Not really unless her brother is doing the custody sharing at this time. Whether in her will or not he must file Guardianship and it's a losing proposition for him so long as you share custody with her. Public policy in CA is that custody goes to the person raising the child once a parent dies. Get a consultation with a good Fmily Law atty.

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Child support

She can go to the Child Support Dept and they can file for child support against you independent of custody and visitation. The nature of your case screams for the active and consistsent involvement of an experienced family law attorney. Do not try this alone either as you wil not prevail.

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Life insurance money

Have her first obtain the name of of the insurance company. Then have her get a copy of the policy. Then have her set an appointment with a Civil Attorney. Contact the local Bar Association to get a referral.

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How can I find out if there is a protective custody order against me during the weekend?

File contempt of court and also an OSC to seek sole legal and physical custody with mother having monitored and supervised visitation by a court ordered professional monitor. If you can afford it get a lawyer.

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If i have a restraining order against my unborn child's father can he still sign the birth certificate

Of course he can but both of you should take steps to assure yourselves that there is no risk of violation of the TRO. Firstly, you should both sign a document that states he will be permitted to be at the hospital for the child's birth. Secondly, make sure you have a male family member with whom he gets along well present and accompanying him at all times. Thirdly, make sure the Nurses and Security of the hospital are given a copy of your agreement and they are made aware of the TRO. Good Luck.

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Fianl divorce date 01/14/12.my name is not on the deed. house is short sale .he moved out and wants to kick me out the house .

Bear in mind the fact that husband removed your name from the deed is likely a fraud having been perpetrated against you. On these grounds, you would have the right to proceed to seek a trial for the court to determine whether a fraud was committed. However, this whole process I just mentioned is relevant only if there is equity in the house. Since it is being short saled (meaning it is upside down), then clearly you do not want to waste the court or your time trying to litigate whether a...

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Can I appeal a judge's decision when made in family court?

Some facts appear to be missing,however, you can file an OSC re modification at any time. With these issues you should have a consultation with an experienced Family Law attorney before filing your paperwork though.

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I have in october 2006 a 273.5 (A) pc misd and I like to clean thi from my record

My memory is that you have a restriction not to have a weapon for 10 years. If that is the restriction then the answer is obvious. As to expunging your record: yes you can expunge so long as you did not violate probation (on a serious issue) or pick up another crime after this instant violation. You must see a Criminal Defense Attorney.

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Can i change my sons last name to my last name ?

Yes you may do so and it is the easiest thing to do. Go to the clerk's office at your local Superior court, which is either in downtown LA or Norwalk and ask for a name change form. You must give notice to all family members whether they agree to the name change or not. The family members must be adults. Mail the notices, file your paperwork and you'll get your copy of the petition with a court date. Then show up to court and the judge will do the rest. Make sure you bring to court a...

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CHILD CUSTODY

The first step in finding out whether your wife was pregnant and if you are the birth father is to merely call, email, text or write her with the inquiry. Assuming the two of you parted on not the best of terms, the only other way is to make inquiries with mutual friends, neighbors and family members who have a relationship with her. Once you find out that she was pregnant then you either ask her kindly for a DNA test and if she says no, then you have the option to file a Paternity action...

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