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Maya Shulman
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Maya Shulman’s Answers

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  • How can my fiancée adopt my daughter once her bio-father's rights are terminated if he (fiancée) currently lives out of state?

    My daughter's biological father has been absent from her life basically from the start and never made attempts to want to see her, my fiancée wants to adopt my daughter but because of an unexpected medical issue he currently lives out of state and...

    Maya’s Answer

    If, after you give him appropriate notice, your daughter's biological father concents to the adoption, the court will likely approve it. Otherwise, the bio-Dad's rights will have to be terminated first, and that's a lengthy process. So, hopefully, things works themselves out such that your fiancee is back in the state in time for the home study and background investigation. Good luck.

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  • Does the father of my child get a say in whether we move out of state or not? Should I fight for full custody?

    Recently, my partner has received a job offer that would have us move out of state. I do have a single child with a previous partner who has recently stated that I can't leave the state with our son without his consent. Neither of us has custody, ...

    Maya’s Answer

    In California, the following occurs:
    1. The moving parent gives notice of the move to the stay-behind parent. In California, this notice must be at least 45 days prior to the date of the proposed move.
    2. The stay-behind parent who wishes to prevent the move files a motion with the court.
    3. The court reviews the case. If the court finds with the moving parent that to not let the children move would be detrimental to them, a new custody arrangement is generated.
    4. Factors that are considered by the court are: distance from the stay-behind parent, availability for visitation, cost for exercising visitation (i.e. travel or other costs), and the burden on the children by not seeing the stay-behind parent as frequently.
    5. The court also assesses whether the move is for non-legitimate reasons (for example, if the move-away parent is attempting to limit the stay-behind parent's time and connection to children)

    Other factors the court will often consider:

    • Ensuring that the child/children maintain stable and continuous contact with both parents.
    • How much time the child spends with each parent under the current arrangement, how long the current custody order has been in place, as well as the child/children's ties to friends, school, and community activities, special needs of the child/children.
    • The child/children's age(s).
    • The relationship of the child/children with both parents.
    • The relationship between the parents.

    You should consider retaining a lawyer as the move away cases are very complicated. Good luck.

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  • What happens if an elderly man can't care for himself, has no family and refuses to discuss power of atty?

    My MIL (86) has a male friend (age 87) who has lived in her home for 20 years. He has no friends or family. Their relationship has always been platonic. He came to the US 60 years ago and is estranged from his family. He is legally blind, dia...

    Maya’s Answer

    The answer is to put the man under conservatorship. This can be accomplished by petitioning the Court and have a probate volunteer attorney represent the man.

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  • Are my child support pleadings confidential in a family law case?

    The baby mama obtained a default judgment against me in a paternity action in Los Angeles and now has a judgment against me for $600,000 after like 20 years. Are the pleadings in the case I file now confidential or can anyone come in and review th...

    Maya’s Answer

    Paternity files are not considered public records and therefore are accessible only to the parents and/or their attorneys.

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