Hi im looking to have my family law custody case done over on the grounds of going against the law and new evidence....what forms do i need to fill out to make this reauest. Thanks in advance
You would need to fill out an fl-300 and prepare a declaration and points and authorities. Consult with an experienced family law attorney.See question
My daughter is 17 and my son is 11, they both oftenly express to me how they would rather live with me due to the unhealthy emotional environment their mom puts them through
In order to modify custody there must be a change in circumstances. It all depends on what you mean by unhealthy emotional environment. You must be able to show the court that there has both been a change of circumstances and that it would be in your children's best interest to primarily live with you.See question
My estranged wife owns land in Tijuana, MX. Her mother "built" a structure on said property. My wife has dual citizenship (U.S./MX). In the event of a divorce, will the above mentioned property be considered 'community property'? My wife wa...
Ok if the land was deeded before the marriage then the land is separate property unless payments were made on the land during the marriage. Secondly the structure that was built by her mom; you need to tell us were community funds used to build or improve the structure. Finally, and most importantly does California have jurisdiction over the divorce and division of property of you both are living in Mexico.See question
Mother has full legal and physical custody with father only getting every other weekend visitation, if Mother moves does she need to legally notify father prior to moving?
It all depends on what the judgment or custody order states. However, generally speaking, yes, notice usually needs to be given.See question
My divorce is final, I got awarded 50/50 joint and legal custody of my 9&11 yrs old boys. I have a new partner and she has a 11 yr old. Last Thursday my ex wife notified me that my 9 yr old told her that my girlfriends son had touched him in his p...
If you have an order stating you have visitation file a report at your local police station. The alternative would be to take her back to court for violating the order.See question
I was married for 15 years. We have 2 older daughters 15 and 11. My wife began having affairs 5 years ago. I stayed for the kids and pretended to believe my wife when she lied and continued affairs. Now we have a nine month old daughter who like b...
There is a presumption that a child born during a marriage is a child of that marriage and thus you are the presumptive father. If she does not contest it, the court may not order a DNA test once the child is two years old.See question
What are the laws regarding who stays in the residence if one just wants to separate or divorce but nothing filed, can both spouses legally be allowed to stay in the house? If not what happens if one of the spouses is legally adjudicated totally ...
You raise a very complicated question about the date of separation. The recent ruling in Davis states that there can be no separation if the spouses are living under the same roof. The legislature is currently working on a law to fix the ruling in Davis. Prior to Davis the court ruled on the date of separation as subjective intent to separate coupled with objective conduct indicating that the marital bond has irretrievably broken an no chance of reconciliation; therefore, unless there is an agreement on the date of separation, the separation occurs when one of the parties moves out of the family residence.
The question re: who is more entitled to the possession of the residence is far more complicated to be answered in generality on this forum.
Just found out that the person I have married has Schizophrenia. That's too much for me right now.
her condition must be classified as mental or you need to prove fraud to get annulment; summary dissolution is the way to go.See question
I am a surviving victim going through a divorce. My estranged ex has a criminal conviction for Domestic Violence assault and battery, misdemeanor, (5) year criminal restraining court order not to come near me or inside the home. Family law court...
It really depends on the Judge and the fairness of the situation; if there are other assets that Watts credits can be obtain from, then the likelihood of the judge awarding Watts increases. If not, the judge cannot award Watts charges against support.See question
My EX has not been willing to select a QDRO to divide his pension. I was awarded half the pension as property settlement back in 2011. To date a Joinder has been filed along with the Judgement to the Pension. This is his former job and currentl...
Your best bet is to hire a QDRO attorney to prepare the QDRO per the judgment and then file an RFO for the court to sign on his behalf if he does not sign it. I would also file another RFO to determine arrears so you may argue that the arrears should be taken out of his portion of the pension.See question