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Erin Patricia Farley

Erin Farley’s Answers

860 total


  • Can I sue my dad for not giving child support?

    I am 17 years old and my dad has never given me or my brother any child support. My parents are in a joint-custody but he doesn't provide anything for me and my brother.

    Erin’s Answer

    I am sorry that you are in this situation, but I agree with my colleagues - it is your mother's right to receive support.

    If you know that Dad is not giving Mom support, then I am even more worrried that you have this information.

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  • Can someone please explain

    i went onto california courts website to pull up the papers i need to file for a restraining order, well our county is so backed up and cant get in to have someone help me files the papaers to keep my ex boyfriend away from me, i have to fill thes...

    Erin’s Answer

    I am assuming you have full custody by couort order and bf has no visitation. I am also assuming you do not want child support. If that's true, you fill out:
    2. Fill out your restraining order forms
    Fill out:

    Request for Domestic Violence Restraining Order (Form DV-100)
    Notice of Court Hearing (Form DV-109); and
    Temporary Restraining Order (CLETS — TRO) (Form DV-110).
    You may also need these forms if you need more space to describe why you need the restraining order:
    Description of Abuse (Form DV-101); or Additional Page (MC 020).

    You should explain to the court (in your paperwork) that you have one child and that you already have an order.

    You need to double-check your local court's website to see if they require any other forms. It does not look like they do. Also, For Domestic Violence, if you submit your papers before 10:00 a.m., the restraining order will be ready the same day between 3:30 p.m. and 4:00 p.m. If you submit them after 10:00 a.m., they won't be ready until the following day between 3:30 p.m. and 4:00 p.m. All forms must be neatly and legibly printed in blue or black ink or typed. Do not use lined or colored paper for any attachments you may want to make.
    If you get the restraining order, the sheriff will usually serve it to the boyfriend at no cost.

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  • How do I go about this? need my son back and I need my ex to pay for abusing me. Can this happen even though I ended up in jail?

    Me n my ex got in to it when he picked up my son. He ended up hitting me in the head with an object and leaving marks on my arm.he left the scene with my son. I called the cops he lied said I did stuff I didn't do I went to jail he took my son and...

    Erin’s Answer

    • Selected as best answer

    I am so sorry - the only advice you should be taking right now is to get an attorney IMMEDIATELY. You need a criminal defense attorney and you also need a family law attorney. As an aside, anything you post on the internet can be used against you; so please, do not take a chance with this and go get representation.

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  • Can a minor/child be removed from only one parent? I.E. removed from father but not mother

    My father is abusive and my parents (mother and father) are still together. I am I minor of 15 and I need to be removed from my father without losing my mother as well.

    Erin’s Answer

    I am so sorry you are in this situation. I have retagged the question so that the appropriate experts can assist you; but I would imagine that, if CPS or law enforcement were involved, they would help your mother make the decision to keep you safe from your dad. Also, your dad could receive the help he needs to control his anger. Is there a counselor/doctor/teacher with whom you feel comfortable speaking to about this? They are all mandated reporters and they can help you. You also have the option of calling police or CPS yourself yourself - people want to assist. Please keep in mind that this is not your fault, nor is it fair to you. Every child deserves to feel safe, and your mom will always be your mom - you won't lose that. I am so sorry.

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  • What are my rights as a child? and how long do i have with probate?

    My father passed away two years ago. He had a successful business(which my sister was office manager) a will, life insurance, and a few buildings. My sister made herself the executer and immediately paid my step mom off. She is the only one o...

    Erin’s Answer

    I re-categorized this question so that the appropriate experts may respond. Good luck.

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  • Is the doctor liable to report the parent if not what action need to taken

    Child with asthma, 2 doctors prescribe medication to be taken daily, mom refusing to give the child his medication, child and mom had an altercation about his medication, he is asking for it and she is denying it, the doctor is well aware of th...

    Erin’s Answer

    Doctors are mandated reporters. If the medication is necessary, and doctor has proof mom is not allowing the medication, the doctor should report it. If you are woriied, you can report it. Doctors do not always see the situation in the same light, nor do they always act when they should.

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  • What is the process for adopting my partners child, if I am not married to my partner?

    I would like to adopt my partners son but my partner and I are not married/do not have a domestic partnership. The father is unknown as she (my partner) is a victim of a sexual assault. The child is over 12 which means (in my state) he needs to co...

    Erin’s Answer

    It is a beautiful thing that you are doing; unforunately, in California, one of the requirements for adopting your parter's child is to either be an RDP or be married. I am not an expert in adoption, but believe this is going to be your road block.

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  • How do i get my son back? if he meets me somewhere and i pick up my child and walk away can he stop me?

    My EX has my 2yr old son, he picked him up from the babysitter without my permission in july. Since july he has allowed me to see him 3 times, now he wont let me see him at all. there is NOTHING saying that he is the father.He is not on the babys ...

    Erin’s Answer

    You need to act and act now. The family law facilitator at your local courthouse can assist you with an immediate ex parte motion (get to the courthouse and see them - they are a free service). The loger you wait, the more you jeopardize your case. You can, as Ms. Struas mentioned, report this issue to the police as well.

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  • Can I file any type of restraining order against my mom's boyfriend? Are there any other ways I can keep him from seeing my mom.

    My mom's boyfriend is extremely volatile and has a serious alcohol problem. During the holidays he verbally abused both me and my grandmother. I do not live with my mom but my brother with special needs (who I am also legal guardian of) lives with...

    Erin’s Answer

    You have responses from excellent attorneys who propose excellent remedies My advice: Get your brother out of there right away; and if (when) this happens again, Call the Police.

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  • Can i keep her from him until we work out our parenting plan now that he has filed?

    The father filed for request mediation to work out a parenting plan. i already let him take her on Saturday's mostly he had her on holidays seen her on her birthday and on some of his days off he sometimes doesn't take her but he basically wants h...

    Erin’s Answer

    I agree with boh attorneys, but echo Mr. Miller's sentiment: You indicated no sign of inappropriate behavior from Dad, so why would you want to keep your child from her father?

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