Archived
Should I consult a lawyer and know my rights, even though my husband says we should go through a mediator?
Bernal's answer
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Answered on March 01, 2014
You do not want to take these issues on without counsel. Hire counsel as a consultant and meet with him/her prior to any mediation taking place so...
Archived
How do I find out the rules for notifying minors counsel when I am going to request restraining order against non custodial pare
Bernal's answer
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Answered on March 01, 2014
Minors counsel is now a representative of a party in the case. So notices are the same as other parties in the case. Ex parte notice for Los...
Archived
Does child support services automatically ask for paternity test even when parents were married?
Bernal's answer
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Answered on March 01, 2014
Assuming there is no other type of related case, for example a dissolution, then the County files a complaint to establish the legal relationship...
Archived
If MC owes no duty to parents, then to what extent does duty to MC from parents exist?
Bernal's answer
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Answered on March 01, 2014
The simple answer is hire counsel. He/she can help you put your various concerns in perspective and the two of you can strategize about your case. ...
Archived
Missed a court date for a petty theft, was taken into custody and posted bail, do i get an opportunity to plead not guilty?
Bernal's answer
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Answered on March 01, 2014
Being picked up in a warrant under these circumstances does not negate your right to counsel, like the PD, and your right to go to trial. If the...
Archived
TRO has two dates on it. A "HEARING DATE" 3/4/14 and conciliation ...3/1/14. What are the differences between the two.
Bernal's answer
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Answered on February 28, 2014
Yes you need to attend both. Conciliation is mandated by law when there are child custody and visitation issues. It allows for parties to...
Archived
Can a judge make a judgment on a custody order during a child support hearing?
Bernal's answer
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Answered on February 28, 2014
The court only addresses what was placed in issue by the RFO. If custody was not a part of it yes you will need to file another RFO.
Archived
Under the divorce issue, the court system in different counties/cities in CA are different?
Bernal's answer
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Answered on February 28, 2014
Whether in or out of the County a judge will still read the pleadings and will hear the case or counsel's argument. Some issues are more straight...
Archived
What can I do since father is not following court order pick up times and days?
Bernal's answer
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Answered on February 28, 2014
Hire counsel, go back to court, request to modify the order specifically pick up times and add language if he is more than 20 minutes late without...
Archived
Contempt of court of no visitation
Bernal's answer
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Answered on February 28, 2014
Illness of a child is a legitimate reason to cancel a visit. dont be so quick to pull the trigger. makes you look like you want to create...
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