Robin Marie Estes's Answers

If i have been residing in CA w/ my daughter for over 1yr, can her father, who lives in texas, legally make me return with her?

In California and Texas, under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) the home state of the child is where that child has resided for the preceding six months prior to filing the Petition. California would thus be the appropriate jurisdiction. However, if your ex really wants to get you back to Texas, if he were to "leave out" the fact that you and your daughter have resided in California for a year, the Texas courts would order you to return. You should immediately...

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Can my soon to be ex-wife come after me for more S/S and C/S if I lease out my house? I already bought her out of the property.

The short answer is it depends. Once it is post-judgement she will not be able to easily request a modification of the spousal support. Spousal support post-judgment must be based upon all the §4320 factors within the family code and not just based upon the DissoMaster calculations. As to the child support, the fact that you would be receiving income from your leased property (if it does increase your income. You must look at the expense of the house, and whether the expense is less than...

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Domestic violence within 5 years, appointed attorney reccomended 50/50 court agreed. Returning back to court for violence.

I would STRONGLY recommend that you consult with an attorney in your county that specializes in family law and in addition handles custody disputes. Family Code Section 4033 states that there is a presumption that if there is a finding of domestic violence against a party within five years, they may not have legal or physical custody of the minor children as it is not in their best interest. The court would have needed to state on the record why the presumption did not apply, or what factors...

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I petitioned the court in 96 for a legal seperation. He was served did not respond

If your case progressed to getting a judgment of legal separation, then you would need to start over with an entirely new Dissolution (divorce). Further, you indicated that you took his default in the action. You would need to amend your Petition in the Legal Separation, if it did not proceed to a judgment and then have him served again, in this case requesting a dissolution instead of a legal separation. If this answer is helpful to you, please click the thumbs up button below. Please...

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My son's mother and I do not get along and we now have a schedule placed per court. I want to baptize my child and do not want

I disagree slightly with the prior answer. Whether you may LEGALLY do the above will depend upon whether or not you have joint legal custody. If you have joint legal custody generally either parent may act independently of the other to make major decisions in a child's life. However, just because it may be legal does not mean that you SHOULD. Think long and hard before you make a decision that is so clearly going to be upsetting to the other parent. I would suggest, first that you consult...

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Can my girlfriend take our daughter to china for 3 months with out my permission?

The good news is that she cannot get a passport for your daughter without your participation. However, it is still important to establish your rights. You should immediately file an action to establish your parentage. File a Petition and Summons under the Uniform Parentage Act. Next file a motion for custody and visitation along with a request for an injunction prohibiting her from leaving the state with your daughter. Is your girlfriend a Chinese or American citizen. If she is a Chinese...

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Do i have to first have the father of my son on child support before i go to court to get full custody??

You do not need to file for support first, before requesting custody. In fact, in many cases I suggest that you not do so. In many case, people are financially motivated and may not object to custody orders if their wallet is not being affected. If you cannot locate him, then you may need to serve him by publication. This is a complicated process and you will have to follow several important steps first. [Please note that these remarks are preliminary and tentative and not based upon a...

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Can a durable power of attorney be used in a child custody trial?

I believe the short answer to your question is no. During a trial, the court must review the character of the witnesses by reviewing their testimony, body language etc. You cannot do that if the person to be testifying is not in the witness chair. If the Father of the child is having some kind of "mental disability" you need to find out exactly what it is. Will it hamper is ability to care for your child? Does he have the ability to care for himself? If his family members are utilizing a...

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What is the best way to try and get my ex to pay for my attorney fees, I have only used him as a legal advisor.

You may ask that she pay for your fees, whether or not the lawyer is giving you only advice or is the attorney of record in the case. Depending upon where you are in the action will depend upon what method needs to be utilized. If the action is still "pending", meaning the judgment has not yet been granted, then attorney's fees are always at issue, and you will not need to file a separate motion. If a judgment has been granted you will need to file a separate motion or separately plead...

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I am in the middle of a divorce and my husband is making allegations that I am a drug user. I have a restraining order against

First, the easiest and simplest thing to do would be to go to a drug testing facility and take a test. Then you may file the results with the court that clearly show his statements are false. If you have a restraining order against him, it is likely that there was domestic violence. If that is the case, there is a presumption under Family Code Section 3044 that he may not have either legal or physical custody of your children as it is presumed not to be in the children's best interest. I...

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