Beatriz Alicia Pelayo-Garcia's Answers

When filing for a dissolution of marriage, what will be the date of my separation?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. I agree with both attorney's answers in this case. However, what you probably want to focus on is WHY you are seeking a date of separation that is in 2005 instead of the present time. For divorce cases, it tends to be an issue of determining whether it is a long-term...

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My son has lived with me for year, can father take him away?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. Absent a court order, it is not likely that your son's father will take him away with the police. That being said, if you are involved in illegal activities or are neglecting or harming your child, it is possible that you may find yourself without your son. If these...

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Overstepping boundaries as a Grandparent?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. The reality is that it depends on all of the facts. But, in general, if a grandparent already has visitation rights, then a demand for more, is generally not going to go over well with the court. That is because grandparent's rights are limited. However, the best part...

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Will be ex husband be liable for back child support, if he didn't pay and I didn't file for it for 10 years?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. Generally, orders only go forward and not backwards. If you want child support, you should file now. As you decide whether you want it or not, consider that it is your child's rights for child support that you are affecting. In other words, you child is entitled to...

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How do I close my case?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. There are two parts to your scenario as I see. 1) Take the hearing "off calendar": That means to call the department, let them know that you settled the case and that both of you agree that it can go "off calendar." That means that the judge does not need to read and...

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Could I lose custody of my child for getting caught with less than 1 ounce of marijuana

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. I agree with the previous attorney's response - you should look into getting help in a battered women's shelter. Also, know that just about every courthouse in Los Angeles County has a domestic violence clinic to help you get a restraining order if he is continuing to...

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Custody hearing & evaluation: No "petty" parenting stuff?

This is a hard question to answer for one basic reasons: it is an incomplete scenario. Evidently, you already have an attorney giving you advice and that attorney probably has all of the pertinent information available to him or her. If you really want the opinion of another attorney, then you should do a formal consultation with the other attorney and be prepared to have that attorney analyze your situation with all of the facts available. For now, I would guess that most attorneys are not...

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Can I get an immediate OSC for child/spouse support and full custody, without going through the file petition, serve, wait, etc.

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. Please file your Order to Show Cause right away to avoid any further delays. Unless you want to upset the judge, I strongly suggest you NOT file any ex parte for immediate relief as those are supposed to be for emergencies only. Since all orders are to your date of...

Father filed Parentage petition but I want a genetic test done. How do I ask the court for this?

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. You need a court order for genetic testing and the only way that is going to happen (absent her consent) is to file an Order to Show Cause specifically requesting genetic testing (understand that it will probably be granted, but you will need to pay for it). Once you get...

My husband left me , my child and U.S. 5 months ago,we do not have any asset,i want to file for divorce,what about child custody

This is not legal advice nor is it intended to create an attorney-client relationship. This information is general in nature. You should consult an attorney who can review your unique situation and advise you accordingly. You have every right to file for a divorce and to get custody orders, especially if Dad is no longer around. Since California is a "no fault" divorce state, you do not need his consent, or his signature. BUT, you will have to have him served with your divorce papers....