My daughters counselor has written a letter stating that she doesn't think her fathers home is suitable for her. I have already filed an opposition so to add this letter would I need to file a declaration? Also would this need to be served? Or can...
Attach her declaration to this form:http://www.courts.ca.gov/documents/mc030.pdf, and have her sign the penalty of perjury statement.. Serve it, file it. Have the Family Law Facilitator help you if you need it.
As my colleague stated, you are wandering into a tricky area. Does the counselor know Dad? Is the counselor divulging privileged information without the consent of both parents? Is two-parent consent even needed? If dad is represented, you will get an objection to this evidence - so be prepared for the objection.. Good Luck.See question
The mediator recommended that neither party be allowed to change their residence by 15 miles or out of Sacramento County. I need to move as rent is going up. I want to move in with a family member (to save money) that lives 15 miles away and is ju...
Move-away issues are complicated, evidentiary hearings are complicated - please hire an attorney. OR - see if your wife would consider a child custody evaluation or brief focused assessment on the issue of a move-away. Avoid trial.See question
Property, child custody, is it valid for any purpose or if I decide later to fully divorce her is DV valid in the case?
Here is the thing about a valid DV claim: you are either in fear or you are not. If you are truly in fear, you do not worry whether incidents of DV can manipulate the system. You could end up hurting your case if you use this claim unreasonably.See question
Mother of child is victim of domestic violence with father of child (very documented history, 5 year restraining order etc). Father is serving time in state prison for DV but will potentially be released in about two years. Child has two older sib...
You absolutely need an attorney in this case. If Father has threatened to come after Mother upon release: "Father has made it very clear he's coming after mom upon release" - then law enforcement MUST be made aware of those facts. With a proper showing, Mother can be granted full custody and take the child with her. You need an attorney to determine whether the facts are enough for that scenario, or whether a guardianship might be better. I do not see an adoption here - but again, I do not have all the facts. Please - do NOT do this alone. These people need to be kept safe - and no amount of money is too much for that to happen.See question
I'm 16 and my parents are getting a divorce. I am not close to my dad but he is seeking full custody to get back at my mom. Do I have a voice in this? He has a lawyer working for him, and she doesn't, so I'm worried that I'm going to be stuck l...
You are old enough to have a voice - and your opinion matters (though, again, it is not the only or final issue considered). I am really worried that you are being involved in this - ideally, your parents would come to agreement without anyone including you or giving you their opinions or interpretation. I know you are older, and you sound very bright, but this is still a time in your life that should be about you and your life - not a time wherein you should be worrying about where you will live or with whom. It is a tough burden for you to bear, and I am sorry. Is there a school counselor or someone with whom you can speak about this? Could your parents get you a therapist with whom you can speak privately? Parents can act funny when they are hurt or going through a big change like divorce - take what is said with a grain of salt and trust your own feelings. It sounds like you are loved by both of your parents. If needed, write them both a letter and tell them to stop including you. Good luck to you.See question
I have an appealable order: It's actually a botched remittitur Nunc Pro Tunc Order filed by the trial court. I have until Nov. 7 to file a notice of appeal. However, and here is the question: I filed a motion to modify that order, and a hearin...
Even experienced family law attorneys get help with issues such as these; really, this is an area where representation is necessary (and will save you so much headache).See question
My ex husband has been given temporary sole legal custody of our 4 youngest. He has removed me from the kids school and medical records. Is this legal? What can I do to get this corrected.
Go to the courthouse immediately and check the file. You should have been served with the emergency request for custody and been given a chance to respond (through only wihin 24-48 hours). If you were not served, or there are other new facts, you could request a set aside. You should also have also been given a mediation date and a court date - that would be listed on the paperwork served you.
You need to hire an attorney. And whatever allegations dad has made - address them and fix the problem.
I have 50/50 joint custody of my son with the ex. I have good reason and evidence to suspect she is involved in running a prostitution massage parlor. I think she may be taking my child there while she works. Is it legal for me to place a v...
Placing a video device in front of her business can be construed as stalking. How would filming the door give you any relevant evidence?See question
Hi my ex and i were never married but going to court for custody. Shes requesting i pay her attorney fees under family code 2030.
You have an argument. Family Code 2030 specifically applies to fee requests for orders in dissolution, legal separation, or annulment proceedings. Her better request would be section 3121. Section 3121 tracks Family Code section 2030, and all the same principles apply as there except that this section is specific to custody litigation and disputes. BUT, be aware, that as they are basically the same principles, the judge may award the fees.See question