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Laura Elizabeth Vocke

Laura Vocke’s Answers

17 total


  • How long will it take to obtain a court order for spousal and child support orded to begin in effect and actually recieve money?

    my husband left me and my son 14 months ago. son is 17 now .left us homeless w/o vehicle ,and no income at all. he was sole provider throughout our 18 yrs of marriage. He hasnt given us any money and we are still homeless. he is and has been worki...

    Laura’s Answer

    I agree with my colleagues and would like to add that, in your situation, you may be able to have the court order him to pay your attorney fees. Then you can retain an attorney to assist you with making your request for child support and spousal support.

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  • Should I seek a different family court attorney?

    I recently paid my attorney $1000 to submit paperwork in my custody case. I have custody of my 2 kids, who were taken from by CPS/ex-parte hearing from their mother because she was on meth. She has not complied with the recent court order and we...

    Laura’s Answer

    Avvo is not an appropriate venue for other attorneys to judge whether you should fire your lawyer. Avvo is appropriate for inquiries about legal matters, and not the confidential relationship with your attorney.

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  • I was just divorced on July 18, 2012. My ex refuses to discuss the extensive monitory outlays are needed for our adult disabled

    We have an adult daughter (now 23) . Our divorce ran for almost four years and went to triail. Her nancissistic father ;doesn' feel has has to help with any of her activities of daily living, her day-to-day needs, or any medical needs that came up...

    Laura’s Answer

    You may be able to obtain a support order for the continued support of your disabled daughter. I recommend that you consult with a family law attorney to petition the court for such as order.

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  • Can I file a Petition for Grandparent Visitation in San Diego County? Are there Local forms, I didn't find on Judicial Council.

    If there are no forms, can it be filed on pleading?

    Laura’s Answer

    You may request visitation rights as a grandparent using a Request for Order. Joinder is recommended only if there is already a marital action, such as a divorce, pending. If there is no marital action already pending, you may file without joinder.
    To learn about which local forms apply, I recommend that you check the court's website or family law self-help program, if one is available.
    It can be very difficult to obtain visitation rights as a grandparent and certain conditions must be met. However, it is not impossible. I recommend that you retain a family law attorney to assist you.

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  • My parents who are my son's legal guardians would like to reverse the guardianship and give him back to me. What is required?

    In 2004, my parents became my son's legal guardians due to my financial instability and living arrangements. It was my idea so that I can get my life together and be able to provide for him in the future, which is now. My son's father has been i...

    Laura’s Answer

    You and your parents can agree to terminate the guardianship through a Petition to Terminate Guardianship. However, the court always has the authority to determine if the termination is in the child's best interest. If the court does not believe that returning your son to your custody is in his best interest, they may deny your petition to terminate, even if your parents agree.

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  • How do I correct a HUGE mistake on a OSC filling in CA family court?! I am extremely worried and can't even sleep now!

    This past Sept.14, I filed for an OSC for Child Support and a Holiday Schedule. I got confused with the paperwork and for some reason filed a request for my son's father to keep him ALL summer. I DO NOT want this! There are other mistakes like thi...

    Laura’s Answer

    You can file an Amended Request for Order and Declaration with corrections for your mistakes. You will need to resubmit and re-serve your Amended Request for Order and Declaration as soon as possible to preserve your hearing date.

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  • Just Married

    I just married a couple days ago.....I also found out that my wife has collections left and right. I own a home....will her debt go against my property?? She has over 35K in collections. I bought my home 3 1/2 years ago.

    Laura’s Answer

    Normally, debts acquired before marriage are the separate debts of the debtor spouse. However, collectors can use community property to satisfy debts. Your wife may acquire a community interest in your home through payments and improvements made during the marriage. Therefore, her creditors could go after a portion of interest in your home to satisfy her debts.
    To protect your interests, I recommend that you enter into a post-nuptial agreement asserting that the collections are her separate debt and that she indemnify you from any liability. You can also agree that community property payments on her collections are reimbursed in case of a divorce.
    The post-nuptial agreement will not completely bar a creditor from going after your home if a community interest is acquired; however, it will provide you with a remedy if you are liable for her debts.
    You should discuss your options with an experienced family law attorney.

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  • My son have autism and he is 17 years old.. Both of us are out of status, do i need to get a conservatorship?

    My son have autism and he is 17 years old. Both of us are out of status, do i need to get a conservatiorship?

    Laura’s Answer

    You may petition the court to obtain a conservatorship over your 18 year old disabled son. The court should not consider your immigration status in determining whether a conservatorship is appropriate. I suggest that you consult with an attorney to discuss what type of conservatorship you need and to guide you through the conservatorship process.

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  • How can I go about bringing my nephew(5 yrs.old) nd my two nieces( 8 & 10 yrs old) to the United States.

    My sister who was their mother passed away and their father is incarcerated in that country. Guardanship of the three kids has been signed over to me. At this time I have a close family of the family looking over them, but would like to bring the...

    Laura’s Answer

    You may be able to obtain a Special Immigrant Juvenile Status visa to bring the children to live legally with you in the United States. I recommend that you consult with an experience immigration attorney and possibly a guardianship attorney about this option.

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  • Can I legally sue a perpetrator of domestic abuse for financial compensation?

    Is it legal to bring a lawsuit against someone who verbally and physically abused me? Can I sue for monetary compensation for all the pain and suffering he intentionally inflicted on me?

    Laura’s Answer

    You may bring a lawsuit for tort damages against your abuser. You should speak with a personal injury attorney to discuss whether you have a claim for civil damages as a result of the abuse.

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