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Athena Leslie McMahon

Athena McMahon’s Answers

42 total


  • My nephew is coming to live with us in CA from NV. What can i do to ensure he gets medically covered. His mom will not support

    He's 13 y/o Male. Needs medical, dental, schooling. I just need California Law info

    Athena’s Answer

    You might need to speak with an guardianship attorney asap. Look for one on AVVO who offers free consultations

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  • My kids father refuse to be sever. He was giving the paper work and he refuse to take it. How can i go about this?

    We both live in different state, i live California he lives in Michigan

    Athena’s Answer

    I agree with my colleague. The process server needs merely to drop documents at his feet.

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  • What happens if I do not agree on baptizing my daughter and share 50/50 legal custody of her with my ex?

    My daughter's father is insistent that we baptize her. I am not religious and do not wish for her to be baptized any religion. I feel that when she is an adult she can choose what, if any, religion she prefers. Her father is catholic, but is not a...

    Athena’s Answer

    • Selected as best answer

    You do have the right to object to this request and should do so in writing. You can explain that unless your daughter wants to do it on her own accord, you dont feel it is appropriate. Having joint legal custody means both parties need to be able to agree to decisions regarding religious and educational matters. You have the right to tell him you do not consent.

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  • Trying to re-establish child custody and visitation, does the child's opinion matter? The child is seven.

    My female friend has a seven year old son but lost custody when the boy was three. She hasn't seen her son in nearly two years. Her ex-husband is doing everything possible to prevent her from seeing the child. At what point does the child's desire...

    Athena’s Answer

    The child's age can matter. During the teenage years, the child is more likely to be able to fully articulate the issues in the home environment and what schedule he would prefer. The court has to weigh the benefits of interviewing a younger child.

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  • Absent child abuse, domestic violence, allegations of child endanger, can a non custodial parent be denied legal custody?

    Never married, two court mediation sessions, increased my parental time to 35%. However, my X did not like that, so she opted for a court (private Phd) custody evaluation. The evaluator, showed a strong bias, made unethical remarks, so I filed a R...

    Athena’s Answer

    It sounds like you would benefit from having an attorney look at your request. Challenging a evaluation needs to handled carefully.

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  • Log for custody change

    I started logging the incidents which my son's dad was unable to pick him up from school or failed to assist him w homework. What additional matters can I add to the log to prepare for the physical custody change? Also, how long should I document...

    Athena’s Answer

    The things you cite might be too minor,, for instance, if the dad cannot help him with homework (language/education issue) then that is not dad's fault per se as long as he is making sure he gets to school and gets help with completing homework. Is there a reason you need a change in custody? Make sure you understand what standard you are facing for a change in custody. A final order is subject to a change in circumstances ..and what you describe would possibly not meet this standard.

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  • Custody

    my wife and I are going through a rough time right now and she wants to leave the house and take our 4 year old daughter to her friends house can she legally do this?

    Athena’s Answer

    Yes, certainly absent a court order. If there is violence from you and she seeks a restraining order she could have you removed from the home as well so that she can return. You are best advised to seek an attorney in your area and discuss your options for filing a motion for custody arrangement.

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  • Will a Domestic Violence Temporary Restraining Order (Family Law) affect ability to get Green card / Permanent residency in USA

    Will DV TRO (Family law) affect a immigrant's ability to change status from H1b to Permance Resident. Does it matter on the final result of Domestic Violent Temporary Restraining Order, or does it not depend at all as it is not a criminal...

    Athena’s Answer

    It certainly could if there is a violation which is a crime in and of itself. You really need to speak to a divorce attorney or immigration attorney which expertise in restraining orders to make sure you do not have problems

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  • How to prove

    How would the DA prove criminal threats? If only two people was victim and abuser? And would taking victims cell phone away so they could not make outside contact be false inprisonment? Thank you,

    Athena’s Answer

    It really depends and you should contact a criminal law attorney with the specifics. The DA can charge you based on a wide range of information and sources not just a victim statement.

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  • How can not seeing my kids affect my Divorce?

    To get an upper hand in imminent divorce proceedings, wife files a report falsely alleging domestic violence and obtains a restraining order preventing me from seeing my kids. Since I have not been served, criminal attorney recommends I don't req...

    Athena’s Answer

    It sounds like you do need to speak with an attorney. You should always seek to maintain contact with your children even if it is supervised. Some contact is much better than no contact. Find an attorney who will do a free consultation with you to talk to you about what actions you can take now to protect yourself and your children

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