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Erin Patricia Farley

Erin Farley’s Answers

753 total


  • Is it illegal to sign someone's name on custody papers?

    My ex signed my name on papers that states me being served and I didn't sign anything? Can I press charges for what she has done?

    Erin’s Answer

    Were you actually served? Was the paper a proof of service (which, if you were served, is valid - except that ex can't serve you); or was it a Notice of Acknowledgment and Receipt ("NOAR") which requires your signature) or were you never served at all? If you were never served, or ex forged an NOAR, then what you would file is a Motion to Quash Service - the court does not have jurisdiction over you until you were properly served.

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  • Sister in law IN QUESTION is the executor or poa of her mother estate

    Me and my husband has been paying his mother the mortgage since 1991. Deed in my husband name and mortgage loan in his mothers name. Our home was $130,000 the cost my husband and mom bought. His mother has dementia now we seen the mortgage loan...

    Erin’s Answer

    I agree with my colleague. Make an appointment with a probate attorney, and then a family law attorney.

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  • What info. can I input on my motion to modify visitation order?(ex: abuse)Should I omit or put/info. on CPS report on my motion?

    What info. can I input on my motion to modify visitation order? (ex: abuse) Last year til now, i documented info. of my ex and his gf abusing my 4 years old daughter. Most info. are told by my child (locking in dark room, overfeeding, and etc). I...

    Erin’s Answer

    You will want to include a declaration of facts (not inference, not opinion, just facts). You may say that you called CPS, and that th report was inconclusive, without sharing details of the report.

    Please consider counseling for your daughter - not only does counseling provide an advocate for your child if abuse is occuring, but it will also give your daughter a safe place to process the conflict between her parents.

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  • What is the process of Step parent adoption steps when everyone agrees?

    My ex has not seen our kids in 18 months...he has not called them in over 6 months and when he did it was once a month or so for 2 minutes..I have sole physical custody for almost 3 years now. He just called me today and said he wants to move on ...

    Erin’s Answer

    Start here: http://courts.ca.gov/selfhelp-adoption.htm

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  • What are the chances I can't live with my girlfriend and our baby? What can we do?

    My girlfriend and I are expecting our first baby together in early July, but she has 2 children from a previous marriage. I am a registered sex offender but my case had nothing to do with children whatsoever. He's known about my past and my involv...

    Erin’s Answer

    Your best bet is to hire a reputable attorney to help your girlfriend and your family. So much depends on the nature of the offense, your age when it happened, who you have been since, and all of the surrounding facts. No one can answer this question in an online forum - you need to sit down with someone, lay it all on the line, and get an opinion based on facts.

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  • Is admission of knowledge of a court order enough to file contempt of order if it was not written?

    Dad was ordered to give his address, by the judge in court. MC neglected to include that in her order after hearing. It is not on minute order either. MC has email referencing "the address issue" attached to order after hearing stating she would i...

    Erin’s Answer

    I agree with my collegaue that contempt is rarely the way to go in family court; but still, the lack of address provision concerns me greatly IF the children are in Dad's care. If the children's whereabouts are not an issue, then likley better to let it go and wait for the order. If you do not know the address where your children are residing, then make a formal demand for the information (ie, in a letter or email, keep a copy). State the date of order and request it be provided. If Dad doesn't comply, then that failure may be means for a modification.

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  • How do I sue some one who has been stalking me for 10 years?

    This woman & I have a child by the same man.She calls my phone & my 75 year old grandma & threatens us she has Facebook accounts with my pictures she puts my social security number on Facebook and my children photos saying horrible things about u...

    Erin’s Answer

    Call the police. If there is not a criminal action, then hire an attorney and get a civil harassment restraining order.

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  • Is 'not wanting to force the child to spend time with me' a good reason not to give me more parenting time?

    My ex is saying that the reason she doesn't want to step up my parenting time with the child from 6hr to 10hr visits is that she isn't sure that the child will be comfortable with that. Our daughter is about to be 3yrs and spends every Mon-Weds in...

    Erin’s Answer

    Each parent has an obligation to nutrture the child's relationship with the other parent. Absent abuse, untreated mental illness or addiction issues, it sounds to me like the other parent is having a hard time letting go, Consider co-parent counseling - there each of your concerns can be heard, and you two can create a parenting plan with incremental increases in the timeshare.

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  • Statement made in DSS CASE by DSS lawyer stating I had abandoned children.

    My husband & I were foster parents to 3 kids who are family, after one child died in the home. We went thru foster lincensure to get the kids home with us, family. Months of being told by DSS that these kids would never be returned to their Mom. ...

    Erin’s Answer

    I am so sorry to hear about these circumstances, and about your heartache. I truly hope the children are safe.
    I do not see a question, though. What is your question?

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  • Can I file an order for contempt against my ex-spouses lawyer,? This is a custody case in ca. family court

    my ex is violating a visitation order in Mariposa, Ca. family court. it has been 2 yrs since i have seen my Daughter, my motion has been trailing 2 yrs. I recently filed a motion concerning case, and included a request for an emergency order. The ...

    Erin’s Answer

    I am so sorry about all of this confusion at an already difficult time for you and your family. It sounds as if you are proceeding pro per; but one of the difficulties of litigation without an attorney is that agreements can be misconceived, not formalized, or not created with enough specificity for enforcement (a vital precursor to an action for contempt).
    The terms of your request itself are ambiguous: "The request is for my daughter to be told her auntie is very sick, and see if Kaitlin would like to send a card. " It could be that Dad did tell your child that her aunt is sick and Kaitlin chose not to send a card. It could be taht the attorney advised dad to conatct you and Dad, for whatever reason, did not. There are no facts (in this description) indicating any bad acts by the attorney or even by Dad; it just appears that more communication around the issue is needed. In my opinion, straightforward communication is much more effective than additional litigation.
    If you are pro per, then contact the attorney and follow up - ask what happened with the agreement. If you have an attorney, allow the attorney to follow up. The most important thing is that Kaitlin is able to contact her aunt if she so chooses; my advice then, is to make it easy for Kaitlin to do so by providing aunt's contact information to Father and/or his attorney, and requesting written confirmation that your agreement was followed.

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