Archived
Can someone who is above .05 BAC and sleeping in the car, keys not in ignition, be arrested or charged with DUI?
Bernal's answer
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Answered on January 10, 2014
Yes can be arrested and charged with 23152(a) and 23152(b) of the vehicle code. The issue at trial is was the person driving and officers will...
Archived
How do u make a claim to cancel a deed on a property if that was a scam.
Bernal's answer
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Answered on October 17, 2013
you need to file a quite title action and as part of that lawsuit request recession of the deed. Complicated so get an attorney
Archived
I have a 50/50 legal/ physical custody of my children with the father, can I relocate residence with out going to court?
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Answered on September 26, 2013
You need written consent of the other party or a court order to be able to move away. A move away case can be costly as most Judges would require...
Archived
If my ex claims to be supported by her family in another country, can I use this income to determine child support obligations
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Answered on September 26, 2013
Reoccurring gifts, such as payment of monthly expenses, are considered in calculating child support. The case is Marriage of Alter its a 2009...
Archived
Do good family law attorney also work as private investigators like investigating adultery?
Bernal's answer
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Answered on September 26, 2013
Most attorneys hire outside experts to testify in court. A Private investigator would be such a person. Adultery is not relevant to the dissolution...
Archived
Can I file for divorce if my spouse has filed in another state but did not serve me properly? Kids live with me in my state.
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Answered on July 11, 2013
You can and should file here in California. If the kids are here with you and have been here at least 6 months, then California is the Home State...
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Archived
Paternity-Family LAw
Bernal's answer
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Answered on July 11, 2013
Yes, attorney fees can be ordered based on the dispartity of income. Generally known as need based, Family Code 2030
In California Family Law does a FC 4251 objection to a court commissioner vest the non-objecting party with the right to hearing
Bernal's answer
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Answered on July 11, 2013
Since you objected under 4251 (c) you get a de novo hearing but she can hire counsel and he will be given an opportunity to do some discovery. It...
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What can someone do if pay stubs were not included with a Request for Order (Requesting a child support modification) and FL150?
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Answered on July 11, 2013
The form FL-150 requires paystubs to be attached. In addition, you can ask for complete compliance with local rule 5.9 (if in Los Angeles) then...
Archived
Can I appeal a family law court order?
Bernal's answer
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Answered on July 11, 2013
If your question is can you appeal a final judgment, yes you can. You must file a notice of intent to appeal within 60 days of the judgment. ...
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