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Elizabeth Jones

Elizabeth Jones’s Answers

1,348 total


  • My ex served me for a post judgment custody hearing but o mediation date. What do I do?

    Our judgment requires mediation. She filed for a custody hearing but there is no mediation date. How do I oroceed?

    Elizabeth’s Answer

    Attend your hearing date. Take your Judgment with you with a copy for the Judge. Call attention to the Mediation requirement and the Judge will probably send you to Mediation.

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  • Is there any benefit avoiding being served for a child custody hearing?

    My ex is trying to serve me. The hearing date is four weeks away. Do I benefit at all by avoiding service as long as possible or doesn't matter?

    Elizabeth’s Answer

    There is no benefit to avoiding service. In fact it can make things worse. The sooner you know what is in the papers the sooner you can begin to prepare for the hearing. I think you should accept service and consult an attorney as soon as possible

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  • How can I assure that I get 50% custody of our Daughter?

    We are splitting up and it looks messy. We both live in the same rental and I don't want to move out until I make sure that it won't hinder my chances of getting partial custody of our Daughter. What should I do to expedite the process? We are not...

    Elizabeth’s Answer

    You can't be sure. The court is looking to do what is in the best interests of the child. Consider getting an attorney to file a Petition to Establish Parental Relationship so the you can get help from the Court immediately.

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  • CA- DVRO -How do I PERSONALLY SERVE in pro per wife w OSC Re Contempt? -only has USPS Box & DVRO forbids me seeking home address

    NEW INFO - CA divorce -Wife (in pro per) granted 3 yr DVRO & 100 yd stay-away order against me. For 2 yrs, unable to inventory property in house or see my SP. Judge then orders I can enter house in 10 days. This gives her time to take EVERYTHING ...

    Elizabeth’s Answer

    Your local sheriff or police department may have a process server. You can use anyone other than yourself who is over the age of 18. You can even look up process servers in Google.

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  • DNA

    My nephew was 17 when he got involved with 21 yr old female. She ended up getting pregnant but the dates don't match. She keeps accusing him of being the father but won't take a DNA test. What can he do to determine if he's the father.

    Elizabeth’s Answer

    If she won't do a voluntary DNA test the he needs to get a court order to force the test. He has the right to know.

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  • What happens to a peaceful contact order if person files new TRO and it is subsequently defeated?

    I had a peaceful contact order issued. Now my ex has fabricated false allegations in order to get a no contact order for which I am going to have to respond to. It won't be an issue to disprove as I have the necessary electronic evidence to prove ...

    Elizabeth’s Answer

    The no contact order stays in place until it is terminated by the Court or reaches the automatic termination date.

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  • Will I be able to participate in mediation via telephone?

    I have recently moved with my child to anther state and need to take the mother back to court. I have permission from the courts already, to move with the child. However, I am wondering how mediation will work since both the child and myself are...

    Elizabeth’s Answer

    You have two choices. Call mediation Services and ask to appear telephonically. Your other choice is to file a Tequest for cChange of Venue to your location

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  • Can the absence of an event be admissable under Rules of Evidence in Cali. Family Court?

    One party to a Family Law matter, the Mother, maintains that the other party, the Father, threatened to abduct their child and then conveyed this intent to several other parties. A few of those parties already have provided affidavits stating that...

    Elizabeth’s Answer

    The absence of reporting is good argument but not evidence. You need to subpoena the therapist to make your case

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  • Whom can I call when my ex-husband bullies me in front of our four year old? I have full physical and half legal custody?

    We have a court order with holidays schedule, so we know who is keeping our son that given holiday. My ex husband likes to negotiate every time a holiday is coming up. He does not compromise. He yells and threatens me with my son being there. If h...

    Elizabeth’s Answer

    Bullying in front of your child is especially not OK. It may even rise to the status of abuse. Consult an attorney about getting some help from the Court. The Best Interests of your Child is what is important and dad needs some parenting skills.

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  • In 50/50 physical custody, is taking the children 150 miles away but staying in state kidnapping?

    My ex plans to move and relocate my kids 100 miles away. In violation of our court ordered settlement and custody agreement. He's not filed anything with the court - he's just going to do it and is convinced somehow he has the legal right to do it...

    Elizabeth’s Answer

    Get an attorney to stop the move. It is much more difficult to get them back once they are gone

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