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Hobart Stanley Dewey

Hobart Dewey’s Answers

13 total


  • What if I didn't response to the divorce petition?

    If I didn't response to the divorce petition for 30 days, does it mean that I agree what are on this petition about the persnal property and community property. I mean I have different opionion about those about custody right, cost allocation and ...

    Hobart’s Answer

    As long as your spouse has not filed for a default, you can still probably file your response, even if it is after the 30 days. Don't delay. Do it now! But if a default has already been filed, under certain circumstances you can get the default set aside. If that is the case, definitely consult an attorney to help you. In fact, since you do not agree with what's in the petition, it sounds as though an attorney would be helpful to you in pursuing this case, if you can afford one. Good luck!

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  • What can I do if I was falsely served papers for family law?

    Called child's father mother and she said that i was served papers. However the day that she said i was served by her son I was not home. What can I file if a person has falsely served me.

    Hobart’s Answer

    I don't know all the facts here, but I would normally advise a person who is incorrectly served in this way to go ahead and file your response to the petition (assuming you have a copy of what they have filed). It usually does not pay to fight on the issue of whether the service was proper or not. You would eventually be properly served anyway. Rather, you should probably respond to the real issues in the petition.

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  • Son will Graduate June 2010 but will turn 18 in Sept 2010 when does child support stop?

    Just wasn't sure if I wait until he turns 18 or does it stop when he graduates.

    Hobart’s Answer

    Normally child support ends when the child turns 18 or age 19, if the child is still in school during that extra year. You should take a look at the court order for support. It usually specifies how long the support lasts.

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  • My brother in law has been in prison for 4 years.

    He has been accused of shooting a man and has been sentenced to 40 years to life. The first lawyer that was hired never did his part.The victim had minor injuries and testifed in court that my brother in law wasn't the person that shot him and h...

    Hobart’s Answer

    I agree with most of what the previous answer says. From the few things you wrote, and especially from the fact of your brother having been sentenced to prison four years ago, it sounds like the time for the original appeal may have passed. However, it is possible that your "second lawyer" may be looking into filing a petition for writ of habeas corpus. Such a petition might be able to raise some things that were not raised in the appeal, such as the possible ineffectiveness of your brother's trial counsel.

    I would suggest that you immediately visit an attorney in your area who specializes in criminal appeals and pay him or her (this should not be too expensive) to find out about the status of your brother's case by contacting the courts and the second lawyer. If you find out the second lawyer has taken your brother's case (and your money) and has not done what he contracted to do, you should report him to the California State Bar and immediately get someone else to work on your brother's case.

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  • Looking for a motivated APPELLATE attorney who will be able to handle appeal pro bono.

    Criminal appeal from LA Superior court currantly pending with the Court of appeal. Case is preatty complex, involving one of the largest insurance companies, couse not a lot of similar cases had been decided yet. (insurance fraud, perjury). Trial ...

    Hobart’s Answer

    It is highly unlikely that you will find an attorney to take your appeal pro bono. I suggest you communicate with your court appointed attorney and ask about the status of your case, what he or she has done, and what the prediction is about when the opening brief will be filed and the case submitted to the Court of Appeal. The California Courts of Appeal have panels of attorneys that specialize in criminal appeals and are generally well-informed from which they select their court appointed attorneys. It is likely you are being better served that you think you are. And 10 months from the time of filing the notice of appeal is not necessarily too long, given what has to be done to review the record on appeal and pick out arguable issues to present to the appeal court and then write an opening brief. Stay engaged with your attorney!

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  • How do I get an emergency court order?

    I have temporary primary physical custody of my daughter and her mom sees her on weekends and every Thursday. My ex was recently arrested for resisting arrest and possession (not sure what drugs). How do I go about getting her visitation rights ...

    Hobart’s Answer

    You probably can't get visitation totally taken away. (And would this really be good for your daughter, if you did?) But you can get it reduced and get specific conditions placed on the visits (such as no drugs, alcohol during visits, no taking the child away from a speciic location, etc.) You might also request that the visits be supervised by someone you trust.

    You need to file in court for a modification of the current visitation arrangments. You and she will probably be required to attend Family Court Service mediation to try to come to an agreement; but if there is no agreement, the mediator will take in the infomation from mother and you and may report back to the court with a recommendation.

    Be sure to follow through to protect your daughter. (But realized that she will need to have some contact with her mother.) An experienced family law attorney from Souther Alameda county would help you. Good luck.

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  • If I have full custody of my two girls, Can their father request joint custody after two years later?

    Will my child support be less, What exactly is joint custody ?

    Hobart’s Answer

    When you say you have "full custody, " I assume you mean you have a court order that gives you sole legal and sole physical custody. It is also possible for you and the father to have joint legal custody (regarding health care, education, religion, and things like that) but for you to have sole physical custody.

    The father can request a modification of the custody arrangements at any time, but there generally has to be a change of circumstances from the last time the court made an order. He can't just swoop in and get the girls because it's now his turn. There has to be a good reason to change things.

    If he has more time with the girls, the court could order that he pay you less child support, since he will be having to pay their daily expenses while they are with him. The amount will depend of his income and your income and various allowed deductions at the time the court sets the support amount.

    I suggest you get help from an experienced family law attorney in your county if he files papers to take custody from you and you don't agree that this would be a good thing. Good luck!

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  • My Aunt wishes to give custody of her daughter to the father. He does not have a permanent adress. Can I get custody?

    The father currently lives from place to place. We know that he uses a P.O. Box to receive his mail. My aunt is no longer willing to take in her 12 year old daughter. Is there any way that myself or even my parents able to get custody since the fa...

    Hobart’s Answer

    I don't know how old you are. If you are an adult, you and/or your parents could file a petition for guardianship to become the legal guardian of the child. It would help if the mother of the child agreed with you. She and the father will have to be notified as part of the guardianship proceedings. The courts don't want to see kids not being taken care of. The court has some investigators who will see if you/your parents are suitable to take the girl, and it will help if she actually wants to stay with you. Her parents would have rights to visit.

    You can file the petition yourself, but it would help if you had an attorney to help you who is experienced in your local county's probate court and has done legal guardianship cases before. Good luck!

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  • Can i get tempory custody while my boyfriend(the farther)is in prison?

    my boyfriend has a daughter who i have raised with him senice she was 2mons old,the mother dropped the baby off to visit & never returned.she is now 3yrs old & to her knowledge i am her mommy.2mons ago my boyfriend was arrested & sentenced to 2yrs...

    Hobart’s Answer

    You may want to bring a legal action to establish yourself as the legal guardian of the child. You will have to notify the father (no problem) and the mother. She may fight you on this, but the court may will probably see that she has done nothing to parent the child. The father can help you with this by providing necessary information to the probate court (this is the branch of the court that deals with guardianship applications.) The probate court will also investigate the facts.

    It would help if you had an experienced family law and guardianship attorney who knows his or her way around the probate court in your county. GOOD LUCK!

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  • I'm a house wife with minimal income. I volunteer at my daughter's school and make $500-$600 a month. My husband gross income i

    I'm a house wife with minimal income. I volunteer at my daughter's school and make $500 a month. My husband's gross income is $120,000. He wants to have joint custody but I would like my home to be her soul residence. All of a sudden he now wants...

    Hobart’s Answer

    I suggest you visit an experienced family law attorney soon. There are really too many variables to answer the question you posed. I would need to know: are you and your husband separated, and if so, for how long? Where has your daughter been living? How old is she? If she is a teenager, what does she want to do? Do you received spousal support? Are you able to work, but simply choose not to?

    It sounds like your husband may be trying to set the stage for a joint physical custody arrangement, which would reduce his child support obligation. Or maybe he genuinely wants to spend the extra time with his daughter?

    Get some legal help in trying to figure out a strategy here. Good luck!

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