Archived
I am getting married June 1, 2018, it was recently brought to my attention that my previous marriage in 2000 may not be annuled?
Erin's answer
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Answered on March 21, 2018
That is not how annulment works in California, but it might be in North Carolina. You will need to speak to a North Carolina attorney to figure it...
Archived
Can I terminate my ex's parental rights if he has no visitation and I change our child in commons last name to mine? California
Erin's answer
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Answered on March 21, 2018
It is not possible without an adoption by a new spouse. It is incredibly rare to the point of impossible to have rights terminated without an...
Archived
Hello, How can I get proof I am still legally married in California?
Erin's answer
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Answered on March 21, 2018
That is basically asking you to prove a negative - that you are not divorced. There is no way to prove a legal marriage except to provide your...
Archived
Can an ex spouse in CA claim back child support even if the county office of child support says nothing is owed in arrears?
Erin's answer
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Answered on March 21, 2018
I am concerned by your perception of what the child support agreement is. Child support is paid based on parents incomes and custody time share....
Archived
As the father that pays child support can I take steps to sign my rights over or does that custodian have to start the process?
Erin's answer
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Answered on March 21, 2018
I have no idea what you or your ex think "sign your rights over" means, but if you mean terminating your parental rights, you cannot do that. That...
Archived
Don't have visitation rights and Ex changed our child's last name, Can I terminate my parental rights?
Erin's answer
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Answered on March 21, 2018
No, you cannot terminate your parental rights. That does not exist in California unless your ex is having a new spouse adopt the child. I agree...
Can my spouse respond to a divorce petition after I have already filed the default papers?
Erin's answer
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Answered on March 21, 2018
She will likely set aside the default and file her response, and the case will move forward with her participation.
Can I use a virtual address while going through the process of divorce and then applying for removal of conditions with waiver?
Erin's answer
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Answered on March 21, 2018
I can only speak to the divorce aspect. The court will not care if you have a physical address, a PO Box, or a "virtual address." You just need an...
Archived
Will I have to pay back child support from the day my daughter was born?
Erin's answer
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Answered on March 21, 2018
The mother of your child cannot collect backpay from you, no. If she wants support, she would file a request and could only collect from the date...
Archived
Can my husband get custody of my son if we get divorced?
Erin's answer
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Answered on March 21, 2018
Your husband is the legal father of the child, so yes he could get custody if you divorced.
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