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Stephanie Ann Leroux

Stephanie Leroux’s Answers

20 total


  • Would like to know how long will it take to take divorce in USA. What would be the process. Please let me know

    Dear sir/madam, Would like to take divorce . currently iam in india and my husband is satying in USA. I will come to USA soon. Meanwhile would like to know the process how to apply for divorce and how long will it take? what kind of questions i...

    Stephanie’s Answer

    Assuming you or your husband are residing in California, you can learn more at: http://www.sfsuperiorcourt.org/self-help/dissolution-of-marriage-domestic-partnership. You can click on the fee schedule and also learn the basics, how to file, how to respond, forms required, etc. Good luck. I wish you the best.

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  • How do I protect myself from losing my children without a custody order?

    I have babies from a previous marriage that ended due to my husband having an affair. He remarried and I have voluntarily set up visitation for the sake of the children a few hours a week. Lately he keeps implying that he will take them from me, j...

    Stephanie’s Answer

    The other attorneys that replied are all correct. You need a court order. However, it is possible for you to enter into a stipulation (an agreement) with him and have that stipulation become the order of the court. I also agree with the other attorneys that you should seek legal assistance. I would also add that you need to know about parenting plans and what types of situations are suggested for children at each age. I highly recommend this Parenting Plan Booklet: http://www.occourts.org/media/pdf/parenting-plan-guidelines.pdf. I also have a recent newsletter about parenting plans: http://lerouxlawoffice.com/Newsletters/December12Newsletter.pdf. I wish you and your family the best.

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  • What evidence do I need to get a restraining order for harassment?

    I'm an adult and I have abusive parents who I want to end contact with because of their harassment, I dont have evidence of this except for a witness. Is that enough to get a restraining order against them? will it prevent them from contacting me ...

    Stephanie’s Answer

    It depends on the judge. You should be able to apply for a DV restraining order because of your relationship status. The standard of proof is "reasonable proof of past acts or abuse." If they've been harassing you on social media you should use that as your evidence. Also consider phone records, text messages, e-mails, etc. Good luck!

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  • My husband is trying to battle custody, can my husband lose custody of the kids if the mom request DNA test?

    At the very beginning of court, both parents signed the acknowledgment of paternity for both kids. He really wants to get full custody due to all the incidents that keep on happening with the kids and we are very afraid for their safety. My husban...

    Stephanie’s Answer

    The courts want children to have two parents and the courts do not want to take older children from people that the children consider to be their parents. Thus California has pretty clear laws protecting children in these situations. If they were married, California Family Code Section 7540-7541 apply and paternity needed to be raised w/in 2 years of the child's birth. If they were not married, California Family Code Section 7646 applies and paternity needed to be raised w/in 2 years of a paternity judgement or declaration. Here it sounds like that time should have passed. I hope that helps.

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  • I was hit by my boyfriend and I decided not to press charges. I have now changed my mind. It hasn't been 24 hours. prosecute him

    I spent the night in the ER. I have to wear a neck brace. He kept hitting my hand when I was trying to dial 911 for help. He would not call or let me call. He just stood over me.

    Stephanie’s Answer

    I am so sorry that this has happened to you. Nobody deserves to be hit. Regardless of what you decide to do legally, there are a variety of resources to help you and those in similar situations. You should contact La Casa de Las Madres at http://www.lacasa.org/. This is a subject near and dear to my heart. I have a DV resource page on my website at http://lerouxlawoffice.com/resources.html. My February Newsletter also covers the DV restraining order process, you can find it at http://lerouxlawoffice.com/articles.html. I wish you the best. You deserve to live a life free from violence.

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  • Can I get sole physical and/or legal custody of my children if mom has repeatedly made physical threats to me and my wife?

    She has not only made threats to me and my wife, but does this all in front of our kids and has recently done this in front of mine and my wifes daughter. Everytime we meet up, there is an arguement of her yelling and screaming and telling me she'...

    Stephanie’s Answer

    You could, but generally the courts prefer to have both parents involved to the extent possible. Another option might be to locate an agency in your area that can supervise the exchanges. But given the level of tension that exists you may need to go to court for a modification to get that in the order. However, there is always the possibility that she could agree because then she won't have to see you.

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  • Could I lose custody if get my child evalauted for ADD without NCP consent?

    I have notified NCP of the evaluation and sent the NCP all documents for an evaluation. She has not responded to me at all. All I want is to see if my child has it and then go from there. I am not even sure I want my child on medication. And if m...

    Stephanie’s Answer

    She can always go back to the courts. However, it doesn't mean that the courts will grant her request(s). Here, depending on what is in your order pertaining to legal custody she probably wouldn't be able to challenge your decision to have your child evaluated. I would suggest that you review your order, follow it, document that it was followed (I.e.- Save all e-mails, proof of mailings, etc.) and proceed as needed. Good luck to you and your family.

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  • Do both parties need to sign or be present for a divorce?

    We have been separated for 5 years. I live in California and she lives somewhere in Washington State. Every time she has papers things are added and changed after my signature. Should I just fill out the online papers and get it over with? No kid...

    Stephanie’s Answer

    Yes, you can use the forms you find online (Online Self-Help is a useful source: http://www.courts.ca.gov/selfhelp-divorce.htm). To get started, you would fill the forms out, print them, file them and then serve your ex. Like Mr. Convisor suggested you can hire an attorney or visit the self-help center at your local court. Based on your question it sounds like you have been trying to reach a settlement agreement. You can, and many couples do, reach an agreement after the court process has started. Good luck!

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  • I live in California and have a divorce ques. I am in graduate school. Are the loans I have accrued while married 50/50?

    The loans are only in my name are are around 20k.

    Stephanie’s Answer

    Mr. Montgomery is correct your student loans are your student loans. There are of course some exceptions but generally speaking they will follow the party that obtained the education. See California Family Code Section 2641 (http://law.onecle.com/california/family/2641.html) for further information. Good luck!

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  • My 2yr old sons father refuse to return him home. &says he going to live with him.

    Get We've never married or lived together. Never went to courts for custody. Hes always lived with me. I got him in daycare & went to all doctor appts alone. His name is on his birth certificate .I dont get any child support but i get welfare. He ...

    Stephanie’s Answer

    I agree with Ms. Romine that you should contact the police. However they may say that without a court order the father is entitled to custody just as you are. Either way you NEED to have a custody order in place, especially if your ex threatens to withold your son from you. I would suggest that you seek out legal assistance immediately. You can try the following: The Bar Association of San Francisco VLSP has a good pro-bono family law program- http://www.sfbar.org/lawyerreferrals/index.aspx or Bay Area Legal Aid- http://baylegal.org/. If you need to wait for assistance you should go to the SF Self-Help Center it's at 400 McAllister in Room 509 (see: http://www.sfsuperiorcourt.org/self-help) because they can help you prepare and file a temporary emergency order to get a court order quickly. I may also be able to provide a free consultation. Good luck. I hope this matter is resolved quickly for the sake of your son.

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