Archived
Can both parents have joint legal and physical custody and neither parent be considered primary if we both have 50 / 50 ?
Cathleen's answer
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Answered on February 24, 2013
You are correct. The term "primary custody" is not even defined in the Family Code--it is a term thrown around very loosely among non-lawyers (and...
Archived
Child visitation
Cathleen's answer
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Answered on February 24, 2013
Yes, any time you file a Request for Order involving custody and/or visitation, it is mandatory to go to mediation before the court hearing. If...
Archived
The mother of my 4 month old daughter, recently told me she does not know if I am the father of our child. I signed the birth
Cathleen's answer
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Answered on February 24, 2013
If you do not believe the child is yours, then you should take a paternity test to be sure. If you are not the child's father, and do not hold the...
Archived
Can I find a lawyer for my civil restraining order case at the last minute without notifying the other side about it...
Cathleen's answer
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Answered on February 21, 2013
Yes, you have every right to have an attorney represent you even if you hire him/her at the last minute. I am including a link below which may...
Archived
If my ex husband changes jobs that pays 50s less will his child support change ?
Cathleen's answer
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Answered on February 21, 2013
Yes, his child support obligation MAY be reduced. However, if he VOLUNTARILY quit his job then you need to argue that it was his choice to take a...
Archived
If you are married for 6 years with no kids do you have to pay alimony?
Cathleen's answer
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Answered on February 21, 2013
Yes, perhaps. I am including a link below which explains how spousal support works. Good luck.
Archived
I have been paying temporary support to my wife , can I deduct money she owes me from my monthly check I send ?
Cathleen's answer
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Answered on February 21, 2013
Unfortunately you cannot offset the credit card payment from your spousal support obligation without a court order. You may be entitled to...
Archived
I am filing for dissolution and joint custody. I am in pro per. I completed all docs, but I haven't seen my son in some time
Cathleen's answer
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Answered on February 21, 2013
Filing for dissolution is not the same as filing a Request for Orders for custody and visitation. Once you file your divorce papers, the court...
Archived
If my son's father is not involve in my son's life do I need to go to go to court to obtain full custody?
Cathleen's answer
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Answered on February 21, 2013
You do not "automatically" have full custody of him without a court order. With regard to child support, I am including links below which will...
Archived
Do i need a lawyer when going into a mediation of child custody?
Cathleen's answer
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Answered on February 21, 2013
No. In fact, attorneys do not participate in the mediation itself, but often prepare their clients on what to expect before the mediation occurs. ...