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Erin Patricia Farley

Erin Farley’s Answers

788 total


  • I want to establish custody and child support to an ex girlfriend. Currently I have joint but no visitation. I have been paying

    Case was with children's service close 11/2014. She is holding my son hostage to me. I tried mediation she did not show. I am willing to pay child support and have been for a year. How can I do this formerly and what would it cost?

    Erin’s Answer

    please hire an attorney to assist you; at the very least, go to the Family Law Facilitator at your local courthouse (they are a free service and can help you with the forms). You need to file a Request for Order for Visitation. (I assume parentage was already established?). Good luck.

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  • Awarding Attorney Fees

    In order for Judge to consider awarding attorney fees, an updated I&E will need to be filed along with the Attorney Fee Declaration?

    Erin’s Answer

    Yes. An I&E must be updated if one has not been submitted within the last 90 days. Be aware, though, that a judge will not order attorney fees to be paid unless you have paid an attorney (and can prove it).

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  • What Action to Take When Non Custodial Parent Hits Child?

    I have had a restraining order against my ex for our 5 year old and myself. I went to court to fight for sole custody, but the judge sympathized with my ex regardless of not only my suffering from physical and verbal abuse by them, but also our c...

    Erin’s Answer

    I agree with my colleagues: CPS must be called. In addition, PLEASE consult an attorney and consider an emergency order for sole physical custody until the investigation is completed.

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  • If I was sued for paternity by DCSS 2 years ago does that mean I do not need to establish paternity?

    I now have sole physical/joint legal of my kids. In 2013 the mom had sole custody and a paternity suit was filed against me by DCSS for my youngest child. I was told I could contest it and get a paternity test or if I didn't respond they would ass...

    Erin’s Answer

    If you have an order stating you have sole physical and legal custody, then you likely have an order (or at least a conitnuing action) for paternity. Go to the courrthouse in which the action was filed and pull the file (ie, ask to look at it). If there is a judgment in there that says you are dad, get a copy of it and tak it to the school. If there is not yet an order for paternity, seek legal counsel and either get one (There are more ways to establish paternity than just a biological connection), or get an emergency order for Mom to sign the school paperwork.

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  • I can not find my son or his mother. I am trying to serve the mother for custody but believe she hiding from me for a year now.

    Never a court order. She took him a year ago. Cant find her in order to serve her for custody in CA, previous lawyer said I do not have enough for kid napping. Attempts have been made for contact with no response as to where my son is. I have pape...

    Erin’s Answer

    Hire an investigator. Keep the court informed about your progress so they can continue the custody hearing date. Sounds like you were never married. Were ANY papers ever filed and/or parentage established?

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  • Parent with history of controlling behavior and emotional abuse. Should I request a custody evaluation?

    I have a DVRO against my ex (no significant physical violence to me- mainly throwing things and emotional/verbal abuse). We left the kids out of the DVRO hoping he wouldn't display those more violent behaviors around them. Initially I had primary ...

    Erin’s Answer

    I agree with the attorneys who have answered - a child custody evaluation is costly, can be tramatic, and may not work in your favor. Each of the issues you mention be easily resolved with a quick stipulation. I really, really, really like Mr. Yomtov's idea of co-parent counseling wherein you and Dad can talk about your children, resolve issues, and begin to work together for your daughter. Contact counselors and assure your safety is a priority.

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  • Does my ex need to disclose tape recordings taken without my knowledge prior to custody RFO hearing?

    I suspect my ex taped a conversation with me and then quoted from the conversation in his declaration. I need to respond and I swear there are certain things I didn't say but I was shell shocked so I can't totally recall. So the question is - if h...

    Erin’s Answer

    Recording you without your consent or knowledge is a misdemeanor. Unless there was consent or knowledge, a recorded conversation will not be admissable. Your declaration is your chance to tell the Court your story - do that, and do not focus too much on what he is saying. If you are worried, consult with an attorney and consider a Motion to Strike.

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  • Besides the subpoena itself, is there a form to file with the court when I subpoena a witness?

    I want a witness to testify for me at a child custody hearing, but I don't know how to give the other party notice of it. Do I just give them a copy of the filed subpoena (SUBP-001) with the proof of service on the back?

    Erin’s Answer

    Witnesses are not heard at ordinary hearings, they are heard at evidentiary hearing or trial. Witness lists are exchanged prior to both events - that is how you give notice of your witness.

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  • Do I need an attorney to get my kids back after a final court date as already been set?

    My husband and I got a divorce on june26,2015 I did not have an attorney my husband won custody because he said that I have mental issues, I do not I only have a seizure disorder, he also said he didn't get his phone calls before they were taken a...

    Erin’s Answer

    There are many sad cases and attorneys simply cannot take them all on for free. Your best bet is to bite the bullet and hire an experienced lawyer. Follow their directives, as well as the court's, so that your children can see their mother again.

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