Barbara Kay Hammers's Answers

What am I supposed to do about papers filed three months ago of which I knew nothing?

It doesn't matter when it was filed, only when it was served. You have 30 days from the time it was served to file a Response. If you don't file a Response, the other side will be able to seek a default judgment against you.

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SSDI Auxiliary benefits

Family Code Section 4504 states that it will only off-set the dollar for dollar payment from federal benefits the NON-CUSTODIAL parent receives from their own benefits. If you have custody and the benefits are from YOUR benefits, it will not off-set the non-custodial parent's obligation to pay support.

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Can i appeal an adverse ruling on a Restraining Order?

Yes. You can appeal the denial of a TRO. The process is technical and you have a time limit. Do a cost benefit analysis as the process can be very expensive. Also keep in mind that you can always bring another request for a restraining order if the person continues to threaten or harass you.

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What do you do when minors counsel is not responsive and misrepresents herself.

The role of Minor's Counsel is to represent the interest of your children in court. Sometimes Minor's Counsel is not clear about their role or may overstep the role they play. Family Code Section 3151 sets forth the role of Minor's Counsel. Minor's Counsel must also have particular training and be appointed by the court.

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How can I change my sons name..

It appears from your comment that the "state" did the paternity test that a paternity case has been opened. If that is so, the court can order that the name and birth certificate can be changed. It would be best if you had an attorney help you with the process.

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What are her options?

The courts in California have a policy of their paramount concern being the best interest of the child. Being forced to have an abortion might be considered by the court as child abuse. If so, your friend may be able to prevail in securing a temporary restraining order prohibiting her parents from forcing her to allow what may amount to a battery (an unwanted touching), by the doctor performing the pregnancy termination. The court could then appoint Minor's Counsel, an attorney who would...

Do I still have to pay child support if I can get my son on SSI disability?

If the disability payments are being received from the Federal Government (social security disability, VA benefits, etc.) because of the non-custodial parent's disability, they are deducted from the non-custodial parent's support obligation. However, it appears that your child and his father are receiving support from the State. In that case, the State requires you to pay support in order to reimburse the State for the benefits.

I need a court ordered dna test for my grandson, his father is incarcerated. How do I go about getting this test?

You must file a petition to establish parental relationship in order to get an order for the DNA test. The test is done by swabbing the inside of the mouth of the child and both parents. He needs to be found to be the child's father before he can exercise his parental rights.

Contempt of court

In California, a party to a divorce can file what is called an "Order to Show Cause re Contempt" for violations of court orders. It is a quasi-criminal action if the penalty is jail (each count can carry a sentence of 5 days in jail, a $1,000 fine, or both). The party bringing the contempt must prove the case beyond a reasonable doubt. The court must arraign you and advise you of your right to remain silent, etc. You will have the right to have an attorney appointed to defend you if you...

Can mother take baby away from the home without father's consent in California?

While filing a Petition for a divorce and having it served on wife does make the automatic restraining order effective as to wife's removal of the child, it only prohibits wife from removing the child from the State of California, not from removing the child from the home. Under this scenario, husband should consider bringing an Order to Show Cause ("OSC") before the court seeking a custody order of the child, which will then be enforcable by the police. Time is of the essence as it would be...