Linda D Roberts-Ross's Answers

My 12 year old step-daughter has become "involved" with an 18 year old. What should we do?

Action on this situation is needed NOW! Your husband should contact CPS and tell them what the two of you have found out or suspect. Then, you should go down to the family law court and file an ex-parte request for an emergency change of custody of this child. Hopefully, your husband will be more concerned about securing your step-daughter's safety than he will his own need for immediate retribution. These are circumstances that call for calm, rational thinking, NOT emotional responses. He...

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Family law osc (california)

While I agree with Ed, the other thing you can do is to file formal Objections to Proffered Evidence. Take a copy of the opposing party's declaration and then line through the objectionable material and cite page and lines from their declaration containing the objectionable material in your objections and state the basis for the objection. This is really a task for an attorney, though you may be able to make a worthwhile effort following a visit to the law library. Then at the time of the...

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I just realized I left out a unsecured creditor from schedule F, I have already gone through the 341 meeting.....

While with a "no asset" case, you don't have to amend to make the debt dischargeable, you should, nonetheless, amend to include it and send notice to the creditor. Here's why: when you get your discharge, it will be reflected that the omitted creditor was in fact on the mailing list for notice of discharge. By amending you will have provided notice to that creditor and the court will have provided notice of your discharge and if that creditor should attempt to try to collect that debt from...

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What is difference/Is there a difference in a motion to compel for response to discovery VS inadequate response to discovery?

As Mr. Chen has pointed there is a difference between the Motion to Compel and a Motion for Further Responses. The Motion to Compel Further Responses requires you to repeat the answer provided and then state why the answer is inadequate. If the answer is evasive, not responsive, or they claim that they don't understand the question or terms. If it is a common term or phrase, use the dictionary definition in your Motion for Further Responses to show that they obviously and reasonably should...

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Family Law

The issue you need to show the court is that she knew she had a claim as to the division of hte pension plan. So, review your Schedule of Assets and Debts you served on her in the divorce proceedings and make sure that you listed the pension plan. If you didn't you have a problem, though possibily a small one, even if you assert that "she knew about it". If she listed the pension plan on her schedules in the Bankruptcy case, then she obviously knew about her interest in that plan. It will...

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Extortion

You should contact the appropriate authorities immediately. You have an opportunity to actually save a child! You would also be needed as a material witness and not likely local authorities would want to deport you under those circumstances, but you should check with an immigration attorney to help you.

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What happens if you think you were served in a shorter period than allowed in family law

I am a little unclear as to how you filed a response, yet you don't know what the moving papers say. If you find out that the response you filed does not address the issues raised in the moving papers, I suggest that you inform the court that you never got the moving papers, but filed something in "an abundance of caution" and need additional time to directly address the issues raised by the other side. If you were not served within the time frame required by statute, you should raise that...

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How do I ask for Minor's Counsel to be replaced? Children in desperate need of better advocate.

You can request removal of minor's counsel and for an new attorney to be appointed for them. Check out the Elkins Family Law Study that made specific recommendations for the process to remove minor's counsel at the following link: http://www.courts.ca.gov/documents/elkins-finalreport.pdf I have had a similar experience with a minor's counsel who seemed more concerned with her billing than her young clients and know how distressful this is for the family watching out for the childrens'...

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"Move Away Case California"

The operative law governing move away orders is set forth in the case of In Re LaMusga and In Re Burgess. There are many factors that the court considers when making decisions regarding a "move away" order. You should first understand that you are entitled to move anytime you want, the court cannot prevent you from doing so. It can only prevent you from doing so with your son. The court will first and foremost consider the "best interests of the child". That means at his very young age, is...

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Family Law

As the party alleging the failure to disclose the asset, the burden of proof should be on her to show it. In addition, she has to show a willful intent to conceal it. You would want to think of instances where you discussed this particular asset, that she had full knowledge of it. i.e., statements re this asset coming to your former home, inclusion of information of the asset on tax returns she signed....in short any documentation or witness you can find that has any relation to this asset...

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