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Mark Valen's Answers
- 10 Legal Answers
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2
Attorney answers:
Parent's right to dispute ex-wife who is medicating child, we have shared custody
By stating they "share custody" do you mean they have "'Joint custody" or at least "joint legal custody"? If they have either of these, your husband and his ex "shall share the right and the responsibility to make the decisions relating to the health, education, and welfare of a child." In practical terms, their custody order or judgment probably does not specify that consent of the other parent is required regarding medication. In all likelihood it probably requires (by implication) that...
6 people marked this answer as helpful
4
Attorney answers:
Decrese in child support due to voluntary lowered salary
The Court should be sympathetic to you and you have the remedy of seeking enforcement by bringing a contempt action and requesting a wage assignment. California courts have a significant history of imputing income to those who deliberately reduce their income in order to avoid child support obligations. Because children have the right to be supported at the optimum level, California Family Code ยง4058 grants trial courts broad discretion to consider parental earning capacity consistent...
6 people marked this answer as helpful
4
Attorney answers:
Decrese in child support due to voluntary lowered salary
This is by way of an update since my previous answer. In a California case decided in 2008, the Court held that the moving party has the burden of showing that the other parent has the ability and opportunity to earn imputed income. In the recent case, at trial the husband presented no evidence as to the wife's post-retirement earning ability or her ability to return to her old job. The trial court refused to impute income to the wife without evidence that she had the ability to earn what...
5 people marked this answer as helpful
2
Attorney answers:
Can I stop my ex-husband from forging my signature to anull my current marriage?
You probably can't physically stop your ex-husband from forging your signature but if he does so he will have committed forgery and any annulment he might obtain can be set aside. Forgery is committed when a person with the intent to defraud, knowing that he or she has no authority to do so, counterfeits the handwriting of another. Filing for an annulment (even with a forged document) and obtaining annulment are not one and the same. Annulments aren't automatically granted in any event. To...
4 people marked this answer as helpful
1
Attorney answers:
Should i seek full custody of my son?
I can only provide general advice for you based upon the information provided in your question. My inclination would be to just leave it alone if there are no problems. However, when you state you don't want to worry about her whatsoever, I wonder just what it is you think she might do. If you have a strong belief she might leave the area with your son, for example, then yes, you should initiate an action to obtain physical custody. If, on the other hand, you really don't have any...
3 people marked this answer as helpful
1
Attorney answers:
My boyfriend told me to leave the house and that he was going to seek custody of my two month old child can i leave home and get
Your question is incomplete so I'm going to assume your question is whether you can get custody. I'm assuming your boyfriend is the father of your child. You can leave the house with your child but you cannot conceal the whereabouts of the child. What you should do is initiate a proceeding granting you the custody rights you believe are best for your child. You can contact the Family Law Facilitator through your court for an appointment to get free assistance with the paperwork. If you have...
3 people marked this answer as helpful
1
Attorney answers:
How can i get some custody over my two nieces
It is possible in some instances for an aunt or uncle to obtain custody. However, your question is general in nature and hence, this answer must be general as well. A significant factor is whether either parent would object to your having custody. This is very important because before making an order granting custody to a person other than a parent, over the objection of a parent, the court is required to make a finding that granting custody to a parent would be detrimental to the child and...
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1
Attorney answers:
Can you list someone as your spouse when your not legally married?
Common law marriage was abolished by statute in California in 1895. However, California, like virtually all states, recognizes common law marriages as valid if they were valid where consummated. Although the following states permitted common law marriage as of 1990, the conditions and restrictions vary greatly: Alabama, Colorado, District of Columbia, Georgia, Idaho, Iowa, Kansas, Missouri, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. With regard to your main...
3 people marked this answer as helpful
1
Attorney answers:
My son is 16 years old living with his father, can i sue him for full custody?
You have the right to initiate an action to modify the current custody arrangement. At sixteen years of age, the Court will consider your son's preferences but they are not binding upon the Court. The statute provides, "If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody." Before engaging in this undertaking,...
2 people marked this answer as helpful
1
Attorney answers:
What are the chnaces i can get custody of my child??
Based upon the information provided in your question, no one can tell you with certainty whether you will be granted physical custody of your son. Your lack of income, in and of itself, is only one of many factors the court will consider. A custody award should be based upon which parent offers the better ethical, emotional, and intellectual guidance for the child. These factors are the essence of parenting. If your husband is working, you would receive child support in your divorce. You...
2 people marked this answer as helpful