Erin Patricia Farley’s Answers

Erin Patricia Farley

Petaluma Family Law Attorney.

Contributor Level 15
  1. Can I sue CPS?Or my x husband who raped and molested are daughter for 8 years

    Answered almost 2 years ago.

    1. Erin Patricia Farley
    2. Andrew Stephen Roberts
    3. Christian K. Lassen II
    4. Robert Andrew Michael Burns
    4 lawyer answers

    This must be horrendously painful for you both, I am so sorry. What a failure of the system. I am going to re-tag this question so that appropriate experts can weigh in. If she is up to it, I would advise your daughter to contact the police immediately - a criminal action is still a possibility. Your daughter also has the option of a civil suit for damages against dad. A civil suit against CPS is tough but you can explore whether you have enough to move forward with a personal injury expert....

    7 lawyers agreed with this answer

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  2. Can I sue L.A.U.S.D for failing to protect my autistic son?

    Answered about 2 years ago.

    1. Erin Patricia Farley
    2. Christian K. Lassen II
    3. David J. McCormick
    4. Janina Dawn Botchis
    5. Hee Joong Kim
    5 lawyer answers

    I am so sorry this happened to your son. This is not my area of law, so I although can not assist you with your question, I have re-tagged it so you can receive answers. I wish you and your son the best.

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  3. Can I reverse a custody order? If so, when and how?

    Answered over 1 year ago.

    1. Erin Patricia Farley
    2. Tobie Brina Waxman
    3. Oscar Ernesto Toscano
    4. Stephen Ross Cohen
    4 lawyer answers

    Honestly, it is great that Mom recognizes that daughter should be with you when she is busy - kudos to Mom for that. And kudos to you. As Attorney Waxman pointed out, changing the schedule requires a request for a modification. If things are running smoothly, approach Mom first; if you two can simply come to an agreement, then there is no reason to go to court.

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  4. Can I represent myself in court for child and spousal support, even though I have a lawyer.

    Answered over 1 year ago.

    1. Erin Patricia Farley
    2. Elizabeth Jones
    3. Donald Andrew Hansen
    3 lawyer answers

    You can represent yourself, but only of you file a substitution of attorney subbing your attorney out and you in as your own counsel. You have a right to understand the proceedings and your attorney's choice to not pursue a modification. But first, try and get an explanation from the attorney about why a modification has not been filed. There may be a very good reason, or the attorney may be dragging his/her feet; just ask - preferably nicely.

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  5. Attorney serves me with orders before filing them in violation of California Rule Of Court 5.125(g). He never sends filed copy

    Answered almost 2 years ago.

    1. Erin Patricia Farley
    2. Edmund Lee Montgomery
    3. Robin Mashal
    3 lawyer answers

    Once orders are prepared, the attorney sends the draft to the other party/counsel before filing with the court. When the draft is sent, the opposing party/counsel has an opportunity to request changes/edits/additions that conform with the ruling on the issue. It sounds like the attorney did send you the draft, but perhaps you were not aware of your right to request said changes. If you do not respond to the draft, attorneys then file the order they prepared with a note to the judge saying you...

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  6. Personal possesions after arrest.

    Answered over 1 year ago.

    1. Erin Patricia Farley
    2. Robert Andrew Michael Burns
    3. William Nelson Watkins Jr
    3 lawyer answers

    Both of these situations are within the purview of small claims court. Joe can file for past due rent and Tom can file demanding his possessions returned and/or market value damages for the loss of possessions.

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  7. What should I do if I weren't able to serve other party before upcoming court date?

    Answered over 1 year ago.

    1. Erin Patricia Farley
    2. Elizabeth Ann Ritter
    3. Daniel Josef Paletz
    4. Robert Andrew Michael Burns
    4 lawyer answers

    Document the attempts at service and be honest with the judge. You may have to serve by publication. Please consider including law enforcement - either this disappearing act is parental abduction, or there could be mental illness and/or drug use and your child may be at risk. Good luck to you.

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  8. Unlawful detainer , hostle slumlord

    Answered almost 2 years ago.

    1. Erin Patricia Farley
    2. Frank Wei-Hong Chen
    2 lawyer answers

    You have to answer the unlawful detainer (UD), as you stated, within five days. The landlord is obligated to serve some kind of written notice prior to the UD - what notice was that? Was it a demand to pay or quit? You have a habitability issue . If the building inspector is involved, and you get a copy of that report, you will be able to prove the habitability issue. Get the plumber's bills, too - both if you can (you may have to get the first one's notes through the discovery process)....

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  9. Is it legal for my landlord to evict "lease termination" my family for his out of state family to move in?

    Answered almost 2 years ago.

    1. Erin Patricia Farley
    2. James Carl Eschen III
    3. Brandy Ann Peeples
    3 lawyer answers

    As my colleagues have correctly stated, your landlord cannot unilaterally cancel the lease before it ends. If your landlord wants his family to move in so badly, he may be willing to buy you out of your lease (give you money to move). This may be a good option, as it seems clear you will have to move at the end of the term.

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  10. What happens if opposing counsel's attorney fails to prepare a Findings and Order After Hearing? I am in a family case in CA,

    Answered almost 2 years ago.

    1. Erin Patricia Farley
    2. Edna Carroll Straus
    3. Robert Andrew Michael Burns
    3 lawyer answers

    Does DCSS have a copy of the order that is signed by the judge? They should (and will) enforce the order of the court once they have a signed copy. If you eventually prepared a Findings and Order after Hearing, then DCSS should follow that order from the date it was made. If there continues to be a problem, go to the court clerk and request the minute order from the hearing. The minute order should list the conclusions of the judge. If it is not specific enough, get the transcript. Make sure...

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