Hobart Stanley Dewey's Answers

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

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

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...

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

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....

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Can I modify an ca existing child support order to remove daycare?

You might be able to do this. You need to file a motion to modify child support. The support order will depend on your income, the other parent's income and legitimate other costs, such as day care. If the other parent is actually using child care, they will have to show you and the court their receipts for what they pay. Daycare for a 13-year-old is unlikely, but still possible. A warning, however: your income may have gone up since the last time support was determined, or the other...

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If I never divorced my first wife, are my two other marriages and divorces valid

Since you were never divorced from your first wife (and assuming she is still alive) your two subsequent marriages may be void. The law says you can only be married to one person at a time. However, your third wife may still have rights to some of your property, under the theory that she was acting in good faith, thinking she was legally married. She may not be entitled to a portion of your disability pension, however. Disability pay received after you separate from a (legitimate) wife...

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

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!

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

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.

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

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'...

How do I get an emergency court order?

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...

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

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...