How can I get temporarily residential custody of my child: The mother and i have move to California from Illinois in September 1st of last year(our child was 6 months old)...at the end of November she decided to move to texas and take my child...2 weeks later I got my child back..I've had my baby every since..I filed a petition here in California seeking custody awaiting court date..the mother came to California for our child's 1 year bday...I wrote an agreement to let her take our child for a month to texas..she wrote an agreement to return our child (we wrote the agreement because of the restraining order in place stating the child should not be removed from the state filed)..now I'm not sure I did the right thing of fear she might not return our child
Frank’s answer: All three prior answers are spot on. You need to get an attorney yesterday. NEVER write an agreement without an attorney walking you through all the things that can wrong when you do it yourself. Believe me, Everyday we see the results of good intentions gone bad.
Divorcing my wife. Moved out of house in 1/2012 purchased in 2004. Do I have any rights to the proceeds of the equity accrued?: The ex believes I am entitled to none of the proceeds. I believe we should split. Since I moved out, I have been paying 1400 a month for support for my son. Doesn't some of that money go toward putting a roof over my sons head? Not to mention that I contributed to the down payment and making payments on the mortgage for some 8 years. Please tell me I'm entitle to splitting the equity in the residence???
Frank’s answer: Assuming no separate property contributions and equity in the home you are certainly entitled to be compensated for your share of the community estate. While Wife may have a claim to reimbursement from the community for house payments made (Epstein credits), the community (which is 1/2 you) may also have a corresponding claim of reimbursement for Wife's use of a community asset (Watts charges).
I am helping a friend figure out what to expect in the Divorce process in California and how to prepare: They have been married a total of about 25 years. Divorcing once and remarrying about 19 years ago. Both spouses have had other relationships, although the wife has not had other "physical" relationships. For several years they have been peacefully coexisting in the same home for the sake of children who are now all of age. They have separate rooms, no physical relations and for the most part separate lives. They do have the division of assets to be considered. The husband runs a business that does well and the wife has been a homemaker for the most part helping out some with the business as well. She has not developed a means of supporting herself. Assets are for the most part tied up in their home and business. The business provides a decent income. How should she prepare to proceed?
Frank’s answer: I agree with the other attorneys in that Wife should consult an attorney now. If she were to call me I would tell her to bring copies of all tax returns, check statements, statements on savings and investments, any other documents that might be needed to analyze the value of the business. Recently I have been advising clients to also copy the computer hard drives on a thumb drive. Unfortunately, I have seen a number of cases like this where information suddenly disappears when a Petition is filed. This advice is based on (1) better safe than sorry, (2) when you know what everyone has it is easier (and cheaper) to resolve all matters without costly litigation.