Mitchell Todd Ehrlich's Answers

If the non custodial parent dies, what happens with child support? Is the new wife responsible for the continue payment.

Good question. If there is an order for the payment of child support in place, the payor's death does not automatically terminate the order. The estate of the deceased must petition the court to modify the order based on death of the deceased. As to any outstanding child support arreas (unpaid child support) those amounts survive the death of the payor and can be collected against the estate or trust.

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I need help gettin a lawyer 4 my nephew who wants 2 live with his dad

I suggest contacting your local Department of Child and Family Services, local Bar Association or local Pro Bono association for resources. Most counties have some legal advocate services for children in Guardianship/Dependency issues. Good luck.

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If you have an uncontested divorce and are on friendly terms, Do you need to list the splitting of property?

The law in California requires that you do your financial disclosure as completely and thoroughly as possible with sufficient supporting documentation. A failure to do the Financial Disclosures properly can result in a Divorce settlement being set aside. In California, unless it is expected that the case will proceed by Default, in some instances we give a brief description of the assets in the actual Divorce Petition, and then do a detailed summary of assets and debts in the Prelminary...

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My wife is filing for divorce. She has a disiability(RSD), she uses marijuana. We have been married 5 years.

Your ability to financially support your daughter, wife, step-son should have no relevance to the issue of custody. Custody is detemrined on the basis of what is in the best interests of the child. If there is an issue of income, that is what child support for. Of course, if this is a very serious circumstance, such as where you are living on the street for example, that could be a factor temporarily, but otherwise it should have no impact. Your wife's disablity will not likely be a big factor...

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Do I have a case for terminating the parental rights of my daughters father?

Though your child's father is presumed innocent until proven guilty, the fact of his arrest for child pornography and whatever evidence obtained that you are aware of should form the basis for at least a temporary order denying him any visitation or at least severely restricted supervised visitation. Whether and to what extent that order becomes permanent/long term depends on many factors including but not limited to whether he was convicted and the outcome of some type of full evaluation....

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I share custody of my 2 children with there mother who i feel is unfit...the kids were removed from her once by dcfs already....

You will need to file a motion to modify custody, but the issue of unfitness is complicated. It is not as simple as alleging her as unfit and citing the prior removal. For example, if the removal occurred some time ago and Mother has since become fit (i.e. addressed the issues that led to the removal) it may no longer be a significant area of concern for the court. The court will also be concerned about stabilty for the children and how that will be impacted by the altering the current custody...

How do i get a marriage dissolved in california

This is somewhat of a broad question and I assume there are other more specific questions, but at is most basic, obtaining a Dissolution of Marriage in California requires a few basic steps. Step 1 is the preparation and filing of a Petition for Dissolution of Marriage at your local Superior Court and having your spouse personally served with the filed documents (Someone other than you who is 18 or older can serve your spouse). To ensure that your are filing in right court and that your...

My ex moved out 4 years ago. Does she have a right to the property I accrued during the last 4 years?

Generally speaking the answer is no, your post-separation earnings, incomes and assets are your separate property. However, if there is a dispute over the date of separation or if there is an allegations that some of the assets income etc. actually were derived from or purchased with community property income or assets. In the first instance if there is a dipsute about the Date of Separation in which your ex claims the date is more recent, if that more recent date prevails all earnings and...

Visitation issue

Whether you have a legal basis to take the actions that you describe is unclear but it certainly appears that the custody and visitation schedule needs to be modified. Before filing a formal motion however, review your custody order in detail and see if there are provisions that address these situations, such as a "Right of First Refusal" provision. Certainly, if your Ex has custody and needs to leave for work early, it is his responsibility to arrange for proper day care or to deliver your...

The parents of my nephews died and the mother of my sister inlaw has full custidy of them now how can my parents get full custud

It is unclear from your question if the Mother has temporary custdody under a Family Court order or a Guardianship. I am assuming the latter. Depending on whether the Guardianship is permanent or temporary will effect your options. However, either way, if you suspect that abuse is occurring you should contact either or both law enforcement and Child Protective Services. You can also file a motion to terminate the guardianship and put you in her place, or at a minimum, seek your own visitation...