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Luis Alfonso Barba's Answers
- 64 Legal Answers
- 1 Legal Guide
3
Attorney answers:
The father of my child made me sign over custody and now he took my daughter, how do I get custody back?
You will need to file an Order to Show Cause to modify the custody agreement per the stipulation and order. You will need to show why it is in the best interests of the child to modify the prior custody order. You should hire an attorney to assist you in this matter. You may want to speak with an attorney that will offer unbundled or limited scope representation to help lower the cost of representation. Disclaimer: This answer does not constitute legal advice, and should not be relied...
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2
Attorney answers:
I have a restraining order on my husband, can the judge order him to be removed from our lease if he is not living at the apt?
If the permanent restraining order is granted then you will likely be given exclusive possession of the property. The court will probably not remove his name from the lease. Therefore, unless the landlord releases him from the obligations of the lease agreement. He will likely continue to be responsible in part under the lease agreement. Be advised that if the rent is not paid in full then the landlord will likely file an unlawful detainer action. The landlord can hold both parties jointly...
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1
Attorney answers:
Asked for divorce & my husband took our child to the grandparents (his parents) with him. How do I get my child back legally?
You will need to file immediately for divorce and then a for a hearing to establish custody and visitation rights pending trial. You may want to call the police regarding this matter. Please call us today directly at 949-261-8880 for a free consultation to discuss this matter further. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to...
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1
Attorney answers:
Child custody
Yes. The court will take into consideration all factors in making a determination of what is in the best interests of the child, particularly issues of child abuse. Please contact us directly at 949-261-8880 for a free consultation. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal evaluation may vary. Please note it is impossible to evaluate a legal problem without a comprehensive...
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2
Attorney answers:
Family Law Question: Custodial parent lying.
You will need to file evidentiary proof to substantiate your claims and disprove her statements. Note that if she is only seeking to modify child support, then visitation is only at issue to the extent as to whether he is excercising it or not i.e. the court will not be able to modify visitation as the issue is not before the court. With respect to your son's testimony, the court may allow it if it is relevant to the issues pending before the court at said hearing. Court's do generally...
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1
Attorney answers:
Would it still be in the best interest of the child to be around the biological father?
If the biological father has filed a request in the courts to establish custody/visitation time with the minor child then the court will make a determination based upon the best interests of the child as to whether or not the father should have and what kind of custody/visitation. There is a policy to promote frequent and continuing contact with both parents of the child. This question is difficult to answer because it will require an intensive evidentiary hearing as to all the facts...
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1
Attorney answers:
If an ex husband is still living in a house that is still community property, can he make major changes w/o my permission
The Automatic Temporary Restraining Orders will prevent him from transferring the property without your consent. His fiduciary obligation to maintain community assets continues. The issue will become whether this action increased the value of the property or decreased the value of the property, considering the fact you intend to sell it. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and therefore any legal...
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1
Attorney answers:
My Dad came into a retirement check and my mother wants to divorce and get half. Now the way she did it was very Vindictive. We
California is a no fault state. The reasons for her filing for divorce, whether vindictive or not, will not be a factor in a determination of property division. If there was no prenuptial or postnuptial agreement or any other transmutations then those assets acquired during the marriage will be treated as community property. We offer free consultations if you have any further questions or if your father requires assistance. You may contact us directly at 949-261-8880. Disclaimer: This...
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2
Attorney answers:
Ex is remarried and expecting another child, can she quit her job to stay at home and then go after me for child support in CA?
Your ex can quit her job to care for her new child. Generally, a court may impute income to a party who opts to no longer work,under family code section 4058 by considering earning capacity rather than actual income. Note that the court can only impute income to a party who has the ability and opportunity to earn income but is not willing to do so. You are advised to consult with an attorney. We offer free consultations. Please call us at 949-261-8880. Disclaimer: This answer does not...
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1
Attorney answers:
I am a custodial parent. How can L.A. County CSSD close a case with arrearages still owed without my consent?
You need to follow up further with LA County CSSD regarding what they mean that you are being "uncooperative." You may also need to provide them with your current information. You may want to consider hiring an attorney to resolve the issue and assist you in locating your ex-husband. We provide free consultations. Our telephone number is 949-261-8880. Disclaimer: This answer does not constitute legal advice, and should not be relied upon as such. Each situation is fact specific and...
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