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Robert Shimokawa Kamin

Robert Kamin’s Answers

10 total

  • Do i have to agree to a proposed change in a court order because i recently moved?

    our court order has a specific drop off and pick up location in it. recently i have moved closer to the drop off and pick up location that he chose and he is now requesting that it be changed to where he picks up our child same location but i driv...

    Robert’s Answer

    Based on the information you provided, it does not seem as though you "have" to agree to the other parent's proposed modification(s). However, in assessing whether to consider it, it is helpful to not only think about what is in the best interest of your child but also how the court would view and rule if the other parent filed a motion to modify. Best bet is to contact an experienced family-law attorney to discuss your situation in detail.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • When going to a settlement conference for a custody issue does the other party have to file a settlement of issues?

    Mother is going against what the meditation report said and fighting to get custody of my stepdaughter who has lived with myself and her father all her life. She has medical condition that is causing her to need a new liver and her mother has nev...

    Robert’s Answer

    In many CA counties, each party must file and serve a settlement conference statement of some kind prior to the actual settlement conference. My suggestion would be to review the local court rules and/or contact the judge's clerk to find out what is required.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Filing question - family law

    When filing papers to the family court, do I file one original and one copy? Or one original and two copies? It has been a while, so I just want to make sure.

    Robert’s Answer

    Most often, you only need to file the original. My suggestion would be to bring two copies along with the original to the clerk's office. When filing the original, request that the clerk endorse the two copies and take them with you for your records.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Request for order - Family law

    Do I have to file a Request for order - 730 Evaluation or can I make the request during a custody / visitation hearing? What is the proper process for requesting one?

    Robert’s Answer

    Either is possible. If you know ahead of time that you will be seeking the appointment of a 730 evaluator, however, making the request as part of your Request for Order for Custody/Visitation or Responsive Declaration has the benefit of putting before the court prior to the hearing your reasons for the 730 appointment (which is particularly important if you anticipate the other side objecting) as well as your preferences for scope, allocation of fees, and the specific professional you would like appointed as the evaluator.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • I am filing for dissolution and joint custody. I am in pro per. I completed all docs, but I haven't seen my son in some time

    I need to file some sort of declaration to ask the court for some temporary time with him, or to at least be able to call him on the phone. my wife is living in an adulterous relationship in MY apartment and there are no domestic violence or other...

    Robert’s Answer

    If you are seeking immediate time with your son, it would be worth considering filing and serving a Request for Order for Custody/Visitation and Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) concurrently with your Petition for Dissolution.

    When you file your Request for Order, you will be given a law and motion hearing date for the court to hear your request for custody/visitation. Unfortunately, depending on your county, the hearing could be set out a few weeks or even a month from your filing date. If your son is truly in danger, I suggest you contact an experienced family-law attorney right away who can advise you on your options.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • My ex has filed a modification of child support She has completely lied on her Income and Expense Declaration.

    She has taken me to court numerous times over the years to modify child support . She has always claimed she is a stay at home mom and generates zero income . Just recently I have discovered that she has been operating as a " professional " ph...

    Robert’s Answer

    Each party completes and signs the Income and Expense Declaration form under penalty of perjury, so if the other party is making actual misrepresentations on her form regarding income, you will most likely need to demonstrate to the court with sufficient documentation that the income listed on her form is incorrect.

    Obtaining her bank records and tax returns is a good start. If she owns a business, a Schedule C should be attached to the form. Another option is to review the expense section of her form to determine if there is an inconsistency between what she claims are her expenses and what she claims as income. If such an inconsistency exists, that is something you could present to the court.

    Best bet is to contact an experienced family-law attorney to discuss your case in detail.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Does the court ordered custody agreement trump a mutually agreed upon revision to the custody schedule?

    My ex and I have a court ordered custody agreement with an exchange schedule of my ex having our child from Thursday pm - Sunday am. However we had mutually agreed to modify the schedule to Friday pm - Monday am due to our work schedules. I now...

    Robert’s Answer

    The court-order custody agreement should take precedent over the mutually agreed-upon modification. The fact that certain provisions of the court order have not been precisely followed does not invalidate the court order itself.

    However, if there is a provision in the court order that allows schedule modifications to occur under certain circumstances, e.g. mutually agreed-upon in writing, and those circumstances have occurred, then the modification to the Friday PM schedule could be considered valid.

    Enforcing a court order would mean filing the proper pleadings with the court. Contacting the other party in writing to resolve the issue or attempting mediation are good options before filing. Best bet is to contact an experienced family-law attorney to discuss your situation in detail.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Separate property sale

    i am going through divorce and I purchased a property 2 years before marriage. i am going through divorce now in CA. can i sell the property I own before marriage.

    Robert’s Answer

    If either party has filed a Petition for Dissolution in California, then the Automatic Temporary Restraining Orders (ATROs) are in effect. Per the ATROS, both parties are restrained from transferring and/or disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of life.

    Based on the information you provided above, for you to sell a piece of real property without your spouse's consent or court order during a dissolution proceeding could very well violate the ATROs, leaving you with exposure to sanctions and other penalties. I suggest contacting an experienced family-law attorney before selling any real property.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Can I get a continuance if I am not served an order to show cause on time?

    I was served an order to show cause 13 court days before the court date on a 4 year old divorce. I am having trouble finding an attorney that can meet with me quickly so that I can get my response filed in the next 4 court days. Can I ask for a c...

    Robert’s Answer

    Under the California Code of Civil Procedure, an Order to Show Cause/Request for Order must be served 16 court before the hearing. Since the moving party did not serve you within the required time frame, you have a couple options. One is to request a continuance for the hearing. Another option is to demand that the moving party re-file and re-serve his or her moving papers so that you are provided adequate notice and opportunity to respond. Best to contact an experienced family-law attorney to go over all your options.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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  • Spousal support change if my employment changes

    The court ordered me to pay spousal and child support based on my employment at that time. How does it change if I lose my job or find another job?

    Robert’s Answer

    The standard in CA for modifying a support order is a "material change of circumstances." If you have lost your job or found another one that significantly changes your income, you may request the court modify the support order. So long as the court has maintained jurisdiction over the issues, the first step in making such a request is filing a Request for Order with the court, along with an Income and Expense Declaration and, in many counties, a Dissomaster report. It would be best to speak to an experienced family-law attorney prior to making your request.

    PLEASE READ-- The information provided in this answer is intended for GENERAL INFORMATION only. Under no circumstance, is this "Answer" intended to be construed as legal advice in any way. If you wish to obtain legal advice, I recommend you contact a licensed attorney in your area to discuss the particular facts of your case.

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