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Elisabeth Celeste Camaur
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Elisabeth Camaur’s Answers

7 total

  • Can I move my daughter out of state with custody agreement?

    I have a current custody agreement with my daughter's father in CA. I am looking to move to Virginia due to issues with money and not being able to support my daughter here on a teacher's salary. It would be much easier for me in Virginia. What st...

    Elisabeth’s Answer

    The first thing an experienced family law attorney will want to do is review your current custody orders. Was the agreement entered as an order of the Court? Was this pursuant to a divorce or paternity action? We need to see what was filed. Once a divorce or paternity action is filed in CA, there are automatic restraining orders (ATROs) that prevent you from taking the minor child out of CA. If something was filed, those ATROs may still be in effect. Has there been a judgment on custody/visitation? Did the orders address the issue of a move? Most likely, they did not. However, an experienced lawyer will need to review the orders to check. You will most likely have to file a Request for Order requesting the move if the father will not agree. But it is a good idea to have an attorney review the agreement/orders/judgment and advise you before taking any action.

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  • I am in a Family Law case, the other party has a lawyer and I don't. Is it legal for the other party's lawyer to contact me?

    I'm not talking about through the mail or personally served. I am talking about contact through text to my personal cell phone from the lawyer of the other party.

    Elisabeth’s Answer

    Yes. If you are not represented and acting in pro per, then the other attorney will need to contact you regarding the case. If you were represented by a lawyer in the matter, then the opposing counsel would be contacting your lawyer.

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  • Will I be granted full physical and legal

    Me and my ex wife have 50/50 custody due to divorce orders. She has been violating those orders (meet time,place )etc.. I have 2 girls that have been in my are full time for 4 months now and are in school (she told me to keep them) due to violenc...

    Elisabeth’s Answer

    The fact that she left them in your care is a good sign. And, you should file a Request for Order describing all of these changes since the last order and the danger the children face in mother's home. It will be more difficult for her to argue that your home environment is detrimental to the children when she leaves them with you. If your request for a change in custody is disputed by the mother, the Court may order a child custody investigation. You will want to have all information about the third party witnesses and documents organized to present to the investigator when you meet with him/her. The Court will need to weigh all of the evidence from both sides and then determine what is best for the children.

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  • In a divorce settlement, is it better to get 401k money or pension money?

    I'm curious why spouse fought for less than half of 401k money but didn't fight 50% split of pension?

    Elisabeth’s Answer

    In order to properly address this question, an attorney would need to review the assets, their values, etc.

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  • Can my husband get a Default because l didn't respond fast enough?

    We are having an uncontested divorce, l haven't sign the agreement yet because l need more time to review it and said he can get a Default and leave me w/no asset if l don't hurry up. My ex wanted me to sign it ASAP, can he get a Def...

    Elisabeth’s Answer

    You should file the Response ASAP and (hopefully) before your spouse requests the default. You do not not want to take the chance of allowing the case to proceed as a default. You should seek the advice of an attorney right away to discuss your response and a request for a set aside (if the default has been entered). If a default is entered, it is possible that a judgment will be entered based only on the evidence/information your ex provides. Also, he will need to served you with a Preliminary Declaration of Disclosure before a default judgment can be entered. You should bring all of the paperwork you have received with you to your consultation with a lawyer so they can review the Preliminary Declaration of Disclosure (if it was served).

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  • I have a question for a divorce attorney in California.

    My husband and I are ending a long term marriage (over 30 yrs). I'll need temporary spousal support during the divorce process but I did not file for it right away. If I file for it now is it retroactive to the date of separation or the date of ...

    Elisabeth’s Answer

    You should file a Request for Order right away requesting temporary spousal support. Family Code Section 4333 states "an order for spousal support" may be made retroactive to the date of filing the motion or OSC for support, or to any subsequent date. Likewise, under Family Code Section 3653(a) and Marriage of Gruen (2011) 191 CA4th 627,638 retroactivity of a modification or termination of a spousal support order is limited to the date of filing the OSC or notice of motion for such modification/termination. For the initial order of spousal support, the current statutes do not directly address a time limit on retroactivity. (See Marriage of Dick 15CA 4th at 166). However, in practice the Courts tend to limit the retroactivity to the date the Request for Order was filed. Requests for retroactivity to the date the initial pleadings were filed are most appropriate in exigent circumstances or where the payor impeded/thwarted the ability of the payee spousal to request support. I would file right away as the courts typically look to the file stamp on the Request for Order when considering retroactivity.

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  • "Waived the rights of Spousal Support" was on MSA, does that mean it's final and can't never ask for alimony?

    Is it a done deal, once it's signed that the respondent can't go back to court and ask for alimony even after 26 years of marriage? Having an uncontested divorce, retired coupled and 1 party cannot afford a lawyer, she might have to force sign th...

    Elisabeth’s Answer

    It depends. If they are truly trying to waive spousal support, the language will most likely include a termination of jurisdiction over the issue of spousal support and notice that once waived you can never request it under any circumstances. If that is the case, it most likely will prevent a future request for spousal support (under the current CA laws). However, a party should not feel "forced" into signing a marital settlement agreement. The Court is unlikely to terminate jurisdiction over a 26 year marriage unless the parties agree. If she doesn't want spousal support right now, I would set spousal support at 0 (without any language that it's non-modifiable, a waiver of jurisdiction or that the Court terminates of jurisdiction). But, I would also write a CYA letter to the client to make sure she really doesn't want current support before agreeing to 0.

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