James D. Madden’s Answers

James D. Madden

Corona Domestic Violence Lawyer.

Contributor Level 10
  1. Opposing side may hire an attorney that has done work for both parties and is a family friend. Judge said file objection

    Answered 9 months ago.

    1. James D. Madden
    2. Shazad Z Omar
    3. Robert Andrew Michael Burns
    3 lawyer answers

    There are no specific forms or points and authorities for this request. You need to file a request for order to recuse counsel for conflict of interest and provide proof that lawyer has consulted with both of you on issues to be decided in the dissolution proceeding. Absolutely must fie an accompanying declaration substantiating your proof and be ready to argue.

    8 lawyers agreed with this answer

  2. California Family Law: How to File A Motion to Disqualify Attorney due to conflict of interest?

    Answered 9 months ago.

    1. James D. Madden
    2. Rory S. Coetzee
    3. Edna Carroll Straus
    4. Brenda J. Russo
    4 lawyer answers

    You must file a request for order with accompanying declaration substantiating your proof that lawyer has received information from you regarding issues to be decided in the family law case. Also submit a points and authorities in support of your request and be ready to argue.

    6 lawyers agreed with this answer

  3. My husband an I are in a process of a divorce he doesn't want the divorce but wants physical custody? But wants no divorce?

    Answered about 1 year ago.

    1. Stephen Vincent Smith
    2. James D. Madden
    3. Gordon Dale Cruse
    3 lawyer answers

    First of all, California only requires that one party wants a divorce. It makes no difference if he does not. Once started, the divorce proceedings will address custody and visitation and provide a plan that is in the best interest of the children. Custody and visitation will be determined by the facts of your case and the best scenario for the children based on those facts.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can my childs mother move to CO with my child? We do have a court order for visitations and I do pay childsupport.

    Answered 9 months ago.

    1. James D. Madden
    2. Bradley Jay Faber
    3. Edna Carroll Straus
    3 lawyer answers

    The parent with primary physical custody can move with 45 day notice to the other parent. It is then up to the non moving party to immediately file request for order to prove that the move is detrimental to to the child. I would advise requesting a 730 evaluation in the request for order so that an expert can provide an opinion on this issue. The 730 is expensive but very highly recommended. The child will not be able to relocate until court has atrial on the issue and the 730will have a...

    5 lawyers agreed with this answer

  5. If i show up in court w/out my lawyer and ask for a continuance, is it possible to be granted? [family law]

    Answered almost 3 years ago.

    1. James D. Madden
    2. Donald Frederick Conviser
    2 lawyer answers

    It depends. You should file an ex parte order to show cause to continue the trial date due to seeking new counsel. You have a right to be represented at trial but the court may inquire as to the reason why you no longer have counsel. What the court is truly wanting to find out is if it is gamesmanship on the part of the parties to drag out the proceedings. Also, the other party may vigorously object to the continuance but if there is good cause shown, you have a good chance of having the...

    5 lawyers agreed with this answer

  6. If a home is currently in a family trust what are the rights of a spouse to remain in the residence?

    Answered about 2 years ago.

    1. Howard M Lewis
    2. James D. Madden
    3. James P. Frederick
    4. Chris Gray
    4 lawyer answers

    I apologize, but the facts given simply lead to more questions. Your question sounds as though the spouse (homeowner) has passed and you want to know if the other spouse can remain in the residence pursuant to a homestead agreement. Working from this premise, it must be ascertained whether the home was purchased and/or paid down during the marriage--i.e., if there are any community property rights to the other spouse notwithstanding the trust. The issue cannot be answered based on the...

    4 lawyers agreed with this answer

  7. Family law tax exemptions

    Answered almost 3 years ago.

    1. James D. Madden
    2. Michael Charles Schwerin
    3. Linda D Roberts-Ross
    3 lawyer answers

    The law on this issue requires that the parent with primary physical custody of the minor children has the right to claim them as tax exemptions. However, if this was specifically negotiated for and the dissomaster ferrets out this fact, then you may file an order to show cause for modification and to seek reimbursement for overpayment. Overpayment can easily be determined by running two identical dissomasters wherein you claim all three on one and she claims all three on the other. Whatever...

    4 lawyers agreed with this answer

  8. A disgruntled girlfriend has told police of an incident that happened four months ago with a family member. They were both

    Answered almost 3 years ago.

    1. Jennifer Diem-Trang Le
    2. James D. Madden
    3. John M. Kaman
    4. Jennifer B Gardner
    4 lawyer answers

    First of all, the police are in the business of arresting people, not setting people free. To be clear, the only reason they want him to come in is to either arrest him on the spot, or, to have him give them enough evidence to get himself arrested by thinking he is clearing himself with his side of the story. This is very common and most find this assertion somewhat cynical. I would advise against speaking to the police. However, if the urge to do so is just too overwhelming, then do not do...

    4 lawyers agreed with this answer

  9. When a clerk makes an error concerning child support, who pays for that?

    Answered 9 months ago.

    1. James D. Madden
    2. Latanya Sewell
    2 lawyer answers

    See if it is at all possible to. Transcript of the hearing that you claim the error occurred. This may be a long shot at best considering the passage of time. However, I am not sure how else to verify your allegation of a mistake. If you are-able to show the mistake to the court, you will then need to request a new accounting from the Department of Child Support. I would strongly recommend hiring competent counsel to address this matter as it is not a simple process. Also, take into...

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  10. In my reply to defendant's opposition to my motion to compel, I correctly identified the name of the defendant in the

    Answered almost 2 years ago.

    1. Lloyd Stewart Mann
    2. James D. Madden
    3. Paul Y. Lee
    3 lawyer answers

    I believe Mr. Mann is correct. Simply using the wrong name in the footer is not going to have any negative effect. Frankly, attorneys make the same mistake all of the time. Also, the courts move hearing dates all of the time for any variety or reasons including, but not limited to, overcrowded calendars, judge's vacation, whatever. I would not worry about this unless the timing is so close that the result will have a bearing on how you proceed the following day. In that case, you may seek...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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