In a 50/50 custody split for an adult disabled child, both parents get equal IHSS payments, will there be a support award?
Judith's answer
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Answered on April 11, 2022
One can only assume that the higher earner is remarried and their wife cares for the child; however, if they have to hire caregivers, then that...
Can a motion to set aside be brought before the courts ex-parte?
Judith's answer
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Answered on April 11, 2022
No - it would be a fully noticed motion; however, if there is an emergency that puts one of the parties or their children in harm’s way, then an ex...
Can I file a stipulated custody order in California if I never got a move away order?
Judith's answer
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Answered on April 11, 2022
Yes - if the two of you can reach an agreement; here’s the form:
https://www.courts.ca.gov/documents/fl355.pdf
What happens with custody when the other party is in hospital?
Judith's answer
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Answered on April 11, 2022
You would have to file a Request for Order and provide facts that would support a modification of custody - including dad’s future prognosis.
Can CPS continue a investigation after 8 months of no contact?
Judith's answer
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Answered on April 11, 2022
It sounds like she dropped the ball and didn’t close the case and is now trying to cover her own ass. However, it’s not illegal.
How should I respond tot contempt of court in a custody order?
Judith's answer
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Answered on April 11, 2022
I don’t think you can fix it - but you should get a court-appointed attorney. Much depends on add’l facts not included in your post but you will...
My son has been in a hospital bed for 7 years with brain damage. can i get power of attorney or legal guardianship for him?
Judith's answer
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Answered on April 11, 2022
I don’t understand what you mean by “my ex husband had my son as a little boy” - he didn’t give birth to him; did he adopt him? Are you his...
How likely is it that my baby daddy will get sole custody?
Judith's answer
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Answered on April 11, 2022
From what you describe, it doesn’t seem like his having sole custody would really change anything since you communicate mostly virtually, and...
How do I get legal custody of my niece and nephew?
Judith's answer
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Answered on April 11, 2022
You would file a Petition for Guardianship of the Person and provide facts that show the parents are unable to care for the children. Here’s a link...
Do I have to amend my tax return after a judge ordered it at the state level?
Judith's answer
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Answered on April 11, 2022
…and the real issue is whether you had custody of the child during 2021 and whether the support order was retroactive to prior to January, 2021.
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