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Richard Melone Bryan

Richard Bryan’s Answers

139 total


  • Can the Judge REQUIRE that my son's father attend or participate in these weekend activities rather than deny them to my child?

    The Judge granted 3 weekends per month visitation to my son's father. However, my son normally participates in sports activities and classmates birthday parties on the weekends. His father, in the past, has refused to participate /attend or allow ...

    Richard’s Answer

    There is no clear answer to this question. This would be a purely discretionary decision of the court. If you have not done so, I would suggest that you propose working with a mediator or a joint custody counselor. If the father will not agree to work with a mediator, that would give you a better chance to get the judge to do something here - assuming that it is in the best interest of the child to participate in the activities. There is no clear answer to this question, but consultation with an attorney who can take a complete interview and assess all of the facts might be helpful to you.

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  • Ex is ignoring court order . What should I do?

    My ex is ordered to have our 3 kids sleep in their own beds due to past issues with him allowing my boys to sleep in a bed with his girlfriend. He bounces back-and-forth between his mom's home and his girlfriend's home. There is never consistency ...

    Richard’s Answer

    You should have an attorney review the precise terms of the order and document the circumstances. Proof may be difficult since the children would have to be witnesses. Perhaps asking the court for a focused assessment of the circumstances would be a good strategy so that a court evaluator could interview the children.

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  • Divorce issue, current spouse opened credit cards in my name and added himself as an authorized user. He has made lots of debt.

    He opened the cards without my knowledge, and i would like a divorce and do not want tobe held liable. I know it's a crime, how do I go about this?

    Richard’s Answer

    In the family law action you can attempt to have this debt assigned to your husband as part of the division of assets and debts or to obtain reimbursement or indemnity from him. The methods and ability to do this would require a careful analysis of the underlying facts to determine if these remedies are available to you. In addition, as some of the attorneys have suggested there may be both civil and criminal remedies available. Consultation with an attorney to help you sort out this mess is strongly recommended.

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  • Where do I file for divorce when each spouse lives in another country?

    We were married in the U.S., but one of us resides in Asia and the other resides in Mexico. Have been married over 10 years. No children involved.

    Richard’s Answer

    • Selected as best answer

    Under California law and the law of many jurisdictions, you can file for divorce in the jurisdiction where either spouse resides.

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  • Can I file a case of psychological incapacity to a man not my husband? The man is the father of my godson.

    The father was 28 when my godson my born. His mother was 19. The father is without a job since and at present when he is already 35. The father is a gambler, drinks habitually. I suspect he is also into illegal drugs. And spends most of his t...

    Richard’s Answer

    Your case description raises some very delicate issues. Generally, an adoption here, without the father's consent, is unlikely. I suggest you consult with an attorney so that all options can be considered.

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  • Custody reduction due to pregnancy

    I'm reducing my custody from 40 percent o 14 percent as my wife is having a in and out of hospital pregnancy and we think the baby might be hard to deal with onces it's born. I expect things will level out in two years and I like to get my 40 per...

    Richard’s Answer

    The real question here is what is in the best interest of your son. If you unilaterally reduce the custody arrangement, a court will look at whether an increase back to the 40% is in the best interest of your son since the circumstances have now changed for your son. Undoubtedly such a dramatic change will have have an impact on the son. If the mother will not agree to work out an advance arrangement, then you are risking losing the 40% custody of the son when you want to return that arrangement. A court may or may not agree to return to the 40% custody arrangement at the future date. Also, don't forget that the reduction from 40 to 14% occurs, your obligation for child support will increase.

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  • How can I get alimony if my ex husband was laid off?

    After 20 years of working in the medical field and 20 years of marriage, I find myself on SSD since 2010. My ex was grossing $130,000 prior to his recent lay off from a secure job with the government in S.F on 8/2013, right before our final divor...

    Richard’s Answer

    The effect of a layoff would be to reduce spousal support after his income drops due to the loss of severance pay, if he has not found new employment by the time his severance runs out Usually, the court would issue a "seek work order" and expect him to replicate his earnings. Your standard of living is a factor in the assessment of setting permanent spousal support. If you have any concern that he will not diligently seek to replicate his employment and earnings, I recommend that you consult with counsel.

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  • Is there a formula to calculate his earning capacity?

    My husband and I have been married for 12 years. He stopped working six years ago. We are now divorcing. If he is not working at full capacity, the court must consult the law on imputing income to determine the extent to which earning capacity c...

    Richard’s Answer

    There is no specific formula. In your case, I recommend that you consider having a vocational evaluation made of him to determine why he is not earning at full capacity. Whether this will affect your support issues depends on why he stopped working and why he has not obtained employment at full earning capacity.

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  • If i file for divorce but fear physical retribution, can i stay in our jointly owned home during the process (removing him)?

    In a California marriage, if the wife is looking to file divorce due to mental abuse and threat of potential physical abuse (which has happened in the past), will she be able to have him removed from the home during the divorce proceedings? The h...

    Richard’s Answer

    California law allows for domestic violence restraining orders and exclusive use and occupancy orders. Usually, these require well substantiated evidence in support of the claims. But, if proven, a spouse can be removed from the residence, even if it is their separate property.

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  • I have a 2 year old and in the process of separating from the father. We are not married. How do I go about filing full custody?

    He is also threatening to take me to court. I don't have a problem with visitation rights but I would like them to be supervised visits. He was placed on a 5150 psychiatric hold last month with psychosis and substance abuse diagnosis. How do I req...

    Richard’s Answer

    You will need to file a request for an order with the court, attaching a declaration stating your evidence in support of this and request an evaluation of his condition. Your declaration should attach copies of anyk records such as the 5150 psychiatric hold . The action should be filed under the parentage act, see Family Code section 7500 and following sections.

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