Cassandra A. Oliver's Answers

Custody

In order to obtain a custody/visitation order, you will need to file an Order to Show Cause (OSC) or possibly a Motion (depending on the current procedural circumstances of your case) with the Court, which will set the matter for mediation and will set a Court hearing to take place after mediation. In order to file an OSC or Motion, there must be an open case with the Court (e.g. a Petition for Dissolution or Legal Separation, or a Petition for Custody and Support) prior to filing or...

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Domestic violence case and deportation

It should also be noted that, independent of the criminal case, the alleged victim may file for a restraining order in the Family Law Court under the Domestic Violence Prevention Act (DVPA), which may also have serious immigration implications. If that occurs, you should contact an experienced family law attorney immediately.

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Devorcie

I concur with Mr. Okorocha's response. There are papers that are required to be completed and filed properly in order to obtain a final and binding Judgment. Even if your matter is uncontested, you should have an attorney draft the agreement and make sure that all of the necessary documents are properly filed. In the alternative, you could obtain the assistance of the Family Law Facilitator. Every county has a Family Law Facilitator available, free of cost, to provide legal assistance in...

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Moore Marsden Application

As set forth above, the valuation date mandated by the family code is the date of trial, unless the court finds good cause to order an alternate valuation date. In the facts you provided you state that it was in your wife's best interest to postpone the dissolution so that she would continue to have health insurance. Is this in fact what occurred? Are you able to establish that your wife deliberately postponed the proceedings to maintain her insurance, during which time she must also have...

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Gay marriage for registered domestic partners in california

I concur with my colleague, C. Logan McKechnie. A marriage will supercede your registered domestic partner agreement. You would need to have an attorney review the actual wording of your domestic partnership agreement to determine whether your current agreement has provisions that you both want to keep, that may be adversly affected by marriage. In that instance, you may want to consider a pre-nuptial agreement, or estate planning, etc.

Alimony

No, your former wife will not be entitled to more support based upon th combined income of you and your new wife. However, your new wife's income may be used in the child support calculations to determine the amount of taxes you pay. Also, your tax filing status may change. The support calculations take into consideration the amount of taxes you pay due to the amount of your income, adjustments to income, and your tax filing status. So, your remarriage could change the factors used to...

Child custody

In light of the fact that the father's whereabouts are unknown, your parents would have a very good chance of obtaining a guardianship if something were to happen to you. Since it would be an emotional and stressful time, you and your parents may want to consider determining ahead of time who they would go to for legal assistance in obtaining a guardianship should the need arise. Your parents may also be able to dispense with notice to the father in obtaining the guardianship, since his...

Child support increase

I concur with my colleagues. If you have a net gain from the rental it will be included as income to you. It sounds as if you will probably have a net gain from the rental, since you anticipate having enough money from the rental to help pay for the mortgage on the second home. If you only break even once the rental expenses are paid, then you do not have a net income from the rental, as illustrated by Mr. Waller's hypothetical. However, you should also keep in mind that if you have a net...

Family Court

You need to consult with a family law attorney immediately, to find out the procedure and time limits to contest the recommendation of the family court report. There are often very strict time constraints, so it is important that you give this an absolute priority and meet with an attorney as soon as possible!

Grandparent rights

The Troxel case originated in your state, as the result of a statute which allowed any person to petition for visitation rights at any time and authorized the court to grant such rights whenever visitation may serve a child’s best interest. In Troxel the U.S. Supreme Court affirmed the Washington Supreme Court holding that the statute unconstitutionally infringed on parents’ fundamental right to rear their children. I concur with Mr. McKechnie that you should consult a family law attorney...