Archived
What preparations do I make for an ex parte hearing? Has a judge ever sided with a parent in my situation?
Tristan's answer
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Answered on December 24, 2015
First of all, what does the existing order say about leaving the City and who is supposed to have the child for the holidays? You did not give...
Archived
What is required to obtain change of venue when wife divorce attorney was prior Judge in same Family Court and I feel prejudiced
Tristan's answer
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Answered on December 24, 2015
If you want to be heard on this, the correct procedure would be to file an RFO and P and A - this is the Code Section:
397. The court may, on...
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Archived
My fiance is asking for the engagement ring back and a jeep he has given me for my bday gift?
Tristan's answer
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Answered on December 22, 2015
The Civil Code provides this: 1590. Where either party to a contemplated marriage in this State
makes a gift of money or property to the other...
Unresponsive CPS caseworker
Tristan's answer
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Answered on December 22, 2015
It is very likely that these terms are already part of the orders made by the court. You should follow the plan or risk losing the children. ...
We have a MSA which addresses division of property and assets, our issues, what else do I HAVE to file with the court?
Tristan's answer
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Answered on December 22, 2015
You will need; FL 180; FL 170; FL 130; FL 141; FL 144, FL 190 and FL 192. To file FL 141 you will need to exchange disclosure. This is mandatory,...
Archived
Could a judge take the word of our daughter when she's twelve and allow her to live with us? What about our middle daughter?
Tristan's answer
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Answered on December 22, 2015
Courts tend to look at several factor and not just one in isolation. To start, I suggest you read FC 3011. Then, the Code section dealing with...
Archived
If she fallows through with her threats and attacks me will the father loose custody or be able to get more custody?
Tristan's answer
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Answered on December 22, 2015
Domestic violence in the presence of a child should be avoided. Do not provoke her; do not retaliate. Custody aside, behaving this way in the...
Archived
Should I pay my last check Oct 1st or Nov 1st?
Tristan's answer
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Answered on December 22, 2015
If the court order reads that it is payable half on the first and half on the fifteenth of the month through November 1, 2016, you would have to...
Archived
What do i do if my husband does not want pick up the divorce papers from the post office and sign the green slip?
Tristan's answer
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Answered on December 22, 2015
Have someone over the age of 18 - not you - hand him the papers and sign a Proof of Service of Summons. End of story and no more drama.
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Archived
How do I appeal a domestic violence restraining order? forms needed please
Tristan's answer
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Answered on December 22, 2015
This is what the Code says:
6209. "Cohabitant" means a person who regularly resides in the
household. "Former cohabitant" means a person who...
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