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Gina Marie Famularo
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Gina Famularo’s Answers

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  • 1. Question . What do we do to go about him giving up his rights and does he have to have a certain reason his is because he i

    I live in Sacramento California. I have a 1 year old daughter, who biological father is not in the picture he had never even met her, he has been back and fourth on wanting to be here and not, I am engaged, and my fiance has taking on The role of ...

    Gina’s Answer

    There are various ways a parent my give up his rights to a one-year old child. You should probably seek legal advice rather than trying to accomplish this on your own. First question they will ask: Is dad on the birth certificate?

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  • How can I adopt my granddaughter ?

    In Sacramento - I have been left in the care of my granddaughter. My daughter goes to college, and works at night so primary caregiving is me. Dad is currently in prison serving time on domestic violence. He also has a restraining order on him fro...

    Gina’s Answer

    You would start by filing a petition to terminate Dad's parental rights and obtain Mom's permission to adopt. You would simultaneously file a Petition for Adoption. A probation officer would be assigned to the case, who would do an investigation and file a report with the court. If the court approves the adoption, Dad's rights would be terminated and the adoption would be finalized. There is no guarantee though, that the court would approve the adoption under these facts. Seek the advise of a local attorney who better knows your particular local courts.

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  • Anyone know of any successful case laws or arguments to change a child's surname to that of three father's?

    Looking to change my son's last name to my last name. He's 3 and has not yet started formal school. He's had his mother's last name since birth. We are not amicable and have just finished the custody thing. Anyone know of any successful case laws ...

    Gina’s Answer

    Are you asking to change the child's last name to that of the biological father's? If yes, file a motion in court to amend the birth certificate. The court will typically order the last name to be hyphenated. It is a fairly common request.

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  • How can you obtain a restraining order against a family member who resides in a different state ?

    It has gotten to the point in which I need to obtain a restraining order or otherwise keep my mother from contacting me. She recently contacted my ex and there is a restraining order prohibiting me or my family from contacting her. I have a custod...

    Gina’s Answer

    You need to consult with an attorney in your local area to see if your mother has taken enough actions for California to obtain personal jurisdiction over her. Also, you need a consultation to determine if your mother's conduct is something that a restraining order can be granted for. You may not be able to prove all of your allegations and writing a declaration in court is not a basis for a restraining order. If you do need one, you either have to file in your county and state or go to the county and state where your mom lives- there are no other choices.

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  • What else can i do

    my children were abused by there father in 2013 he is serving a 13 year sentence i failed to protect them now & in and the past and i completed everything they wont return them to my custody or relatives they find an excuse my 12 year old daug...

    Gina’s Answer

    If you do not already have one, get yourself a private attorney who is very familiar with dependency matters. They are very difficult to navigate and you need someone on your side who will give you the guidance you need.

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  • Support after contempt sentencing

    My husband is facing jail time for not paying me spousal support (we are separated). What happens if he just sits in jail and still refuses to pay me when his term is done? His income is off limits for garnishment as it comes solely from the VA. I...

    Gina’s Answer

    Typically, the court will sentence your husband and place him on probation. As part of the terms of probation, ask the court to order your husband to authorize the VA to pay you your support directly. If you can, prepare a paper beforehand and have him and the court sign it so that you do not have this problem in the future.

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  • How can I find out where my ex husband works?

    It was court ordered for my ex husband to pay spousal support, but I have not gotten any payments. He is supposed to inform me or where he works.

    Gina’s Answer

    You may need to hire a debt collection agency to find your ex and collect your money. You can also go back to court and demand that he provide you with paycheck stubs, a work address a W-2 and an income tax return.

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  • Child support calculation

    Is home equity considered while calculating the child support? Is this applicable for both California child support guidelines calculator and the smith ostler adjustments?

    Gina’s Answer

    A Smith-Ostler order is a child support or spousal support order based upon a base pay- with no overtime. The payee is then paid an additional percentage each time the payor earns more than the base amount.

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  • What is the status of a new marriage , if whole Divorce Decree was set aside and case dismissed?

    Divorce degree was obtained in March 2014 in Nevada, and we got married in April 2014 in California. In November 2015 his ex wife filed a motion to set aside a whole Divorce Degree, based on fraud - she wasn't serve, he wasn't resident of Nevada, ...

    Gina’s Answer

    Your marriage is void. You are not married. However, you are what we call a "putative spouse" because you did not know your husband was still married. That means you have all the rights as though you were legally married (i.e. the right to property and support), My advice is to make sure he takes care of the divorce and then get remarried.

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  • Is it right for my lawyer to refuse to do any work unless I pay her even though it's the opposing party's legal responsibility?

    The family court ordered the opposing party to pay my attorney fees in monthly increments. However, he refuses to pay. My lawyer keeps demanding payment from me rather than from him. She refuses to do work unless I pay her. She keeps delaying...

    Gina’s Answer

    Yes! Lawyers have a right to get paid for their work. It sounds like there is no court order for your ex to pay you. It also sounds like your ex refuses to pay even though you have a court order. Your lawyer does not get paid unless her clients pay her. You may want to research the Department of Child Support Services to see if they can help you. They are a governmental agency and are will help you collect past due support for free. They also have collection methods that private attorneys do not have. Go on-line and see if you can open up a case with them. Good luck.

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