Alan Roel Rothstein's Answers

How old does a child have to be to decide which parent he whats to live with? And how do I press the subject?

I generally agree with what Ms. Rutledge said, especially about needing counsel. Courts interview children and begin to consider their input as young as age 7. They place increased weight on a child's wishes as the child grows older, and most 16 or 17 year olds can write their own ticket. The major thing is how mature the child is. At 10 he may tell you he wants to live with you because he knows it's what you want to hear. He may be telling his mother something quite different. The way it works...

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CA child custody laws, parent's right to move out of state with child

Getting legal counsel has no bearing on this problem. If there have been no court proceedings concerning the child a custodial parent (with whom the child lives) can relocate with the child. The governing law in all 50 states is called the Uniform Child Custody Jurisdiction and Enforcement Act. Even after the parent moves with the child, California remains the child's home state until the child has lived in another state for six months. At that time the new state would become the child's home...

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Oregon domestic violence laws, how can a victim of domestic violence get the charges dropped

First of all, you can go back to the court if this is a domestic violence restraining order and get it withdrawn BUT I would have to second what Patty told you and advise you against doing that. You describe a classic early case of domestic violence. Men who resort to pulling hair, shoving and hitting women get bolder as time goes on. Oh sure, they express remorse and tell you how sorry they are, but this individual needs a thorough case of batterer's therapy and needs to be monitored. You are...

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What is the difference between a legal separation and a divorce in California

One additional reason why some people choose legal separation over dissolution is to preserve the marital status for health insurance entitlement purposes. If a person is covered under a spouse's health plan but might not be able to qualify for insurance on their own or could not afford insurance on their own, preserving the marital status could entitle them to continued coverage on the estranged spouse's policy.

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If my daughter's father gets married, will the court use his new wife's income to calculate the child support he owes us?

The law of the jurisdiction where you and your daughter live will govern the support calculation. Ordinarily, the court will not use new spouse income to calculate support, except in some extremely limited circumstances. Father's income may be deduced by examining his living expenses. He had to have income to pay those expenses. Comprende?

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Spousal Support using dissomaster

Sure, what are the numbers? You could do this yourself at the courthouse at 400 County Center in Redwood City.

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California domestic violence laws, how can a victim get charges dropped

First of all, this is a criminal law problem and you need to consult a criminal attorney or the public defender for advice. However, you might try calling the District Attorney and explaining your situation. The District Attorney's role is to protect you and the rest of the public from an abuser. If your husband does not get help it is likely his abuse will become worse. There are agencies to help battered wives in San Bernardino County CA. Call the Family Court Services Office in the Superior...

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Family law-Dissolution of Marriage

Well, I think your question has either confused the others who have answered so far or it is confusing me, but if you say your "divorce is in default" that can only happen after you have caused your husband to be served with the summons and petition, the proof of service of summons has been filed with the court, and 30 days has passed without your husband filing a Response. In such case you request the clerk in the L.A. county Superior court branch where your case is pending to enter your...

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Custody/Visitation Family Law Court

As usual Mr. Waller is 100 per cent correct. Now, however, if your wife is a member of the State Bar of California, you can hire her to represent you, perhaps at a cut rate. You can hire a local Napa attorney or represent yourself, and the Family Law Facilitator in Napa will assist you. Of course, your wife could talk to your ex about the issues, but not when you are before the judicial officer (judge or commissioner) assigned to hear the case. Your wife could even accompany you to court and...

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Can you appeal a domestic violence restraining order in california once it has been granted by a judge

Any order issued by a Judge is appealable, but you have to have legal grounds for an appeal. You can't appeal it just because you don't like the result. There has to be a legal basis for the appeal and, unfortunately, you haven't given us a clue as to what that basis might be.

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