I'm looking to file a motion to compel for interrogatories and request for production. I'm curious what the process is after the motion is filed? Will the judge rule on it once received or will there be a hearing set?
When you file a Motion to Compel the court will set a hearing date. On that hearing date the court will make a determination of whether to grant the motion or deny it. You can also ask for sanctions when filing the motion. The court can also make the determination of whether sanctions are appropriate at the hearing or reserve for future determination. Best of luck!See question
he hasn't been in his life he's only seen him about three times in his life and from them 3 times it was about a day or two each time he doesn't even know where we live. he has already moved in with another female and had another baby boy not ment...
Your son's father will have to file a Petition to Establish Parental Relationship before he is able to request any custody/visitation orders. It sounds like he may have a difficult time obtaining any significant custody/visitation if he has only seen your son a handful of times. However, like my colleague pointed out, this may also depend on the child's age. If your child is older and father has only seen him 3x then a court would be more inclined not to give him a significant amount of time than if your son is much younger (say one or two years old) and his father has only seen him a few times.See question
This is a case of a long term marriage of 13 years. My ex has paid support for 5 years now. However, a permanent support order was issued at Judgement one year ago based on the findings of a forensic evaluation. Since then my ex has filed multi...
Unfortunately, even though you received a permanent support order your ex-husband can still request to modify the order if there has been a changed in circumstances. However, you may want to request a 4320 hearing next time so that the judge has more opportunity to hear evidence on why there should/shouldn't be a modification of post-judgment spousal support. Best of luck.See question
Had a family law case opened and during the time we were to re-mediate ex husband gets into car accident with children. DUI/Child Endangerment both felony charges - case was then taken out of jurisdiction to Children Court. Court wants to close th...
After the Juvenile Court relinquishes jurisdiction the case will revert to family court (LB court). As a result, any further modification of the orders will need to be made in family court. If your ex-husband is currently incarcerated in state prison it may be a good idea to inform the family court, via a Request for Orders (FL-300), of this immediately and let them know of DCFS' involvement in your case. Armed with both these facts you have a high chance of the family court making orders in your favor. Best of luck.See question
Our paperwork has me down for 25% of the time, however, I have my daughter every weekend and will be starting extended weekends and would like to modify the support order. What do I need to prepare this and can it be backdated?
You will need to file a request to modify the current orders. If your case is being handled by the Department of Child Support Services you may be asked for the order that reflects the amount of time you claim to have with your child. Therefore, it may be beneficial to also change the custody order to reflect the actual custodial time you have. Conversely, if your child support case is being handled by the Superior Court then you can ask to modify custody, visitation and child support all at once.See question
I am seeking referrals from various sources and AVVO attorneys are one of them. Any attorneys know names of 730 evaluators who are very good understanding the narcissist, sociopath behavior? I am not a parent trying to play games here I have held ...
You can also find a list on the court's website. Most of the lists include the professionals qualifications and a number/e-mail to reach them at should you have additional questions.See question
Divorce papers and fee waivers, how to.
If you qualify (meaning you are considered low income) the Inland Empire Latino Lawyers in Riverside may be able to assist you. They are a non-profit that assist with document preparation only. This may be an option for you if you don't have any real contested issues. If you do, I also suggest you hire an experience attorney who practices family law. Best of luck!See question
he has no job, is renting a room but isnt paying rent, has a background in a gang, and is basically a low life. I have a job, go to school full time and am always with my daughter
If a court determines that it is in the best interest of your child to have visitation with her father then the answer will be yes. Being on parole or probation alone is not usually enough to deny a parent visitation rights. The same goes with not having a job or not paying rent. If the standard was based on any of those there would be a lot of parents in California who would not be able to see their kids. Good luck!See question
The baby was born under mom maiden name, Needs to travel outside the country with baby. What steps to take if she needs to send baby with another person or travel her self with the baby?. Mom last name on ID & passport as married woman , name on ...
In order to obtain a passport for the baby without the other parents signature you will need to obtain full legal custody of the baby. If you were never married to the father of your child then you would do this by filing what is known as a Paternity. Through the paternity you would request full/sole legal and physical custody of the child. Once you obtain it you will be able to receive a passport and travel with the child. Best of luck!See question
. My 17 years old daughter is being harrassed by her ex boyfriend who is 20, via social networking. She is also upset that he will turn up at her high school football games where she is cheerleader. He went to same school. Can I do a restraining o...
If the harassment rises to the level of abuse and there is a probability that the abuse will continue (or there will be future abuse) then a Restraining Order is appropriate. I agree with my colleague in that you do not necessarily need an attorney to file a Restraining Order and proceed with the process. However, it is always better to be represented by someone who knows more about the area of law. Best of luck!See question