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Erin Patricia Farley

Erin Farley’s Answers

860 total


  • What would more then likely happen if I take him to court? What could I even take him to court for?

    I have full physical custody of my 3 year old daughter and 50/50 legal custody. Her father was ordered supervised visits, random monthly drug tests, and to pay child support. He hasn't done any of them in almost 2 years and I haven't even heard fr...

    Erin’s Answer

    You could get an order saying that when/if Dad shows again, he will paticpate in reunification counseling with your child. Or you just demand the drug test before a supervised visit occurs. But really, you are well-proected with the supervision order.

    Put your order of child support through Department of Child Support Servies (childsup.ca.gov), they will enforce it for free.

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  • What is my obligation in this situation? Could a state come after me to pay my ex more child support- in turn supporting him?

    I share a custody of our 11-year old son with my ex. He spends 50%of the time with me and the same with his dad. Per agreement, I pay $400 in child support. My ex is self-employed and his business never took off. Our divorce decree clearly state...

    Erin’s Answer

    Child support can be modified throughout your son's minority; so yes, the state could modify the amount - but it is not likely they will modify without a request from the ex. If a modification is filed, you will get notice and an opportunity to respond. Keep in mind that both parents have an obligation to support your son; therefore, if ex is not earning to his ability, he can be ordered to a DCSS job search (at least 5 applications per week & an obligation to accept reasonable offers of employment).

    The expenses you mention do not really come into play unless you can show that the ex cannot lease the 3-bedroom townhouse on the income he is claiming.

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  • Do I have to let my ex wife see our daughter?

    I divorced my ex wife in 2013, she was hooked on drugs and constantly getting arrested. My divorce went uncontested and my ex wife didn’t even bother to appear in court at all. She did not try to get any sort of custody of our now 8 year old daugh...

    Erin’s Answer

    Consider a reunification counseling requirement; not for your ex's sake, but for your daughter's.

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  • Can I use a phone voice message that was left on my phone as evidence ?

    I have a phone voice recording of my ex-wife (she left a voice message). This recording clearly stares she cannot control my son. My question is; can I play this back to a mediator or even a judge during a hearing or at a trial? I may be wro...

    Erin’s Answer

    You can get it in - if they want to hear it. The law requires that both parties know they're being recorded, and clearly she knew she was being recorded on voicemail. You'll need to get it transcribed and file the transcription. Caveat: I do not know a parent who hasn't felt they can't control their 3 year-old at one point or another, so context is key. It could have no bearing.

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  • Is there any recourse for my child support issue. I am currently on the hook for 2000 dollars a month, California order

    In 2013 I went through a break up with my wife, and filed for divorce. In retribution I was hit with a temporary restraining order. The order automatically disqualified me for my job as it has a US security clearance and the order was a domestic. ...

    Erin’s Answer

    Immediately file for a modification of your support amount. The court needs to know your current income, and will modify your support based on what you actually earn; but the Court can't do anything until you take action. You can begin here: http://www.courts.ca.gov/1250.htm OR contact the Family Law Facilitator at your local courthouse.

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  • What are my options is retrieving my child who's father is with-holding against court orders other than going back to Fam.court?

    This is repetitive and typical. However this time, I have no idea when I will see my daughter since he has informed me that HE has been advised not to return her to me. I have no other information or court order stating this. His attorney also ...

    Erin’s Answer

    Depending on your jurisdiction, the police may or may not assist you. If they will not, file an emergecey order for return of your child, along with a request for modification requesting Father have supervised visits with your daughter. As my colleagues suggested, make sure that the current order gives you custodial time with the child which Father violated. Attach the current order to your request.

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  • Child's mom is violating court orders, what should i do?

    I live in Texas, and share joint legal custody of myson in California. Momhas been alienating him since August, by refusing contact, tellinghim that i dont support him at all, hiding my sons whereabouts and school records,etc. also, I h...

    Erin’s Answer

    You can file contempt, you can ask for sanctions and modification of custody based on intentional interference with visitation, and you can follow up with the DA to request they prosecute. I often advocate for people to resolve as much as possible without attorneys; but in this case, you would fare well with an advocate - you need to get your facts clearly before a judge. And you should get reimbursed for those flights. You could immediately file an emergency order to eforce the visitation - and request make-up time for the days she has taken from you and your son.

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  • Child visitation and court orders

    I pick up our son from the school on Wednesdays, since the school is going be close my ex-wife wants me to pick him up at 6:30 in front of police station, I have to travel 20 miles with traffic I have to leave home at 5:30 am, I could be late a...

    Erin’s Answer

    So long as the two parents agree, you can override any court order. The Court steps in when theres a problem - if you two make agreements and there is no problem, then you do not need the court order. As my colleague stated, it is best to protect yourself with a writing - that writing can be a stipulated agreement submitted to the court (which attorneys will always reccomend because it gives you the most protection) OR it can be as simple as an email. Eveything depends upon whether you two can trust each other.

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  • I have a question about accessing the birth certificate of my natural sister, who was adopted out of family of origin.

    My sister was adopted out of family of origin, when she was about 4 years old. She was born and adopted in CA. Will her birth certificate show only her adoptive parents names in all cases? I was told one needs a court order to get the origina...

    Erin’s Answer

    Is your goal to avoid the lien? If so, this is a better question for the probate/estate planning attorneys.

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  • Question regarding custody, thank you.

    I have a son who is 16 years old and his father and I were never married. There was never a case opened nor any custody orders. The child resided with me all this time with father visiting him informally from time to time. About a week ago, my son...

    Erin’s Answer

    The self-help steps for filing a parentage action begin here: http://www.courts.ca.gov/11298.htm

    The hard part is that your son is 16 and wants to live with Dad. I would need to know more about whether you and Dad get along well, whether he is trustworthy, and whether you two can work together in the best interest of your child. As you have never found the need for orders previously, it appears that you two work together well and this is a glitch. Yes, litigation can be pursued - but that will also create conflict. The best case scenario would be for you and Dad to attend co-parent counseling (or just meet & talk), figure out the reasons that your son is choosing Dad's home right now, and find a resolution to whatever is driving this change. In order for counseling to work you two parents must be able to cooperate and trust each other. Something is going on to drive this change of homes - and it could be as minor as wanting to know Dad better, or it could be that your son doesn't want to follow your more strict rules - who knows. But if you can, take back the reins of this decision and put it back between you and Dad. My esteemed colleagues' remedies are still available if Dad doesn't cooperate.

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