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Sandy L. Turner
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Sandy Turner’s Answers

31 total

  • San Bernardino Family law hearing process

    Hi, My last custody/support order was made out of state in Louisiana. I have since filed all the necessary paperwork to have the case moved over to San Bernardino. I've also filed a motion to modify custody and support as well a a motion to show c...

    Sandy’s Answer

    You did not mention where the other party lives. If the other party still lives in Louisiana, or the child lives in Louisiana, then the motion to change venue will not be granted. Do you live in New York? Where does the child/children or ex live? A contempt hearing is a criminal matter and the court will arraign him/her and appoint him/her an attorney for a trial. If this is just about support, your ex will have to file the Income and Expense declaration as well. How do you know you filed all of your papers correctly? Contempt actions are very statutorily specific, no mistakes. The Judge could be sick that day or the other side could require a continuance which would usually be granted. That is a long trip to make for this hearing which may or may not take place. Better to get on court call w/ the courts permission possibly to save the trip money. Also, it depends on which Judge you are assigned to on what happens. No simple, one only answers., Get an Attorney from this area to appear for you while you are on the phone is the best solution. Good Luck.

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  • If a divorce judgment is set aside for failure to disclose are disclosures again required?

    I was able to get portions of my divorce judgment set aside because my ex-husband failed to fully disclose information required in the preliminary and final declarations of disclosure. The items set aside must now be re-adjudicated and divided. I ...

    Sandy’s Answer

    • Selected as best answer

    As you probably already know, undisclosed assets can be adjudicated until he dies. If you find out he had Undisclosed assets such as retirement in twenty years, the Judge can then still make an award against him for at least one-half of the assets plus sanctions. If he has disclosed on a Declaration of Disclosure form all of his assets (and you find out they are not all disclosed), the Judge will hear this issue and retains jurisdiction to adjudicate the asset. The problem is how do you know if he is fully disclosing., I suggest Discovery, both Notice to Produce and Form Interrogatories, plus subpoena each bank and investment location you can find for more information, You can ask the Judge to award you Attorneys Fees for this extra work due to his non-disclosure. If he is hiding assets he could be using a "straw" like a relative or friend to keep his assets for
    himself until after the divorce is over. Very difficult to get the evidence on this, but some private investigators are very good.

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  • Is ear piercing part of joint legal custody?

    my daughter is 6 months old and ive been wanting to get her ears pierced. me and the father have joint legal custody. he does not communicate with me or coparent. could it be used against me in court if i got her ears pierced?

    Sandy’s Answer

    This question is not set in stone in the Family Code, but does say that "Joint Legal Custody" includes sharing health issues, and I have seen people in court fighting over your issues, tattoo's and cutting a child's hair. The Judge will probably just ask you to share this kind of info in the future, but I believe would NOT change custody over this issue. In particular, if Father does not share with you, then you could use that as a small defense, but usually I recommend that you do not use his bad example of being a parent as an excuse for your own questionable behavior..

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  • My father wants me out of the house at 18. My mother wants me to stay. What are our rights?

    My father holds to the draconian view that when a child turns 18, they are out of the house. His father did the same to him and my uncles. My mom thinks he's an idiot. She says I can stay while I go to community college and move if my transfer uni...

    Sandy’s Answer

    Since your parents are equal owners, I believe that if FAther wanted to start an "unlawful detainer" action against you in court to make you leave as a tenant in his home, that your Mother could then object, along with you that you are her tenant and she is charging you 1 penny a month to stay there. This might put your Mother in a very dubious position with having to choose between her husband and her son. I don't see your Father winning a lawsuit against you, but I do see them getting a divorce over this issue. But if they did, your Mother could fight to keep the house? The police can do nothing to make you leave right now.

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  • Should I have an attorney investigate whether or not I am named in my grandparents trust?

    My grandmother died in May, 2014. After she passed, I received a letter from my mother stating that I would be receiving a check for my inheritance. A few weeks later she sent me another letter stating that it would be deposited in an already es...

    Sandy’s Answer

    1. If there was truly no will, or trust, your Grandmother's children would take it all, not you. If there was a will or trust you are entitled to a copy of this and an accounting of all of the estate. I suggest hiring an attorney to take this to the probate courts forthwith,

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  • Restraining order my kids uncle ex wife side of the family

    Is it possible to put a restraining order for my kids uncle , this guy is violent and tents to discipline my kids even though he is not allow (court order) he often screams at my kids in my (8 year daughter words ) like a lion and makes them cry I...

    Sandy’s Answer

    I understand if the kids are being physically harmed, go for it, but if not, you can anger the rest of the family causing even more problems, and expenses down the line. Is he putting them in time out, or leaving bruises? Is he a generally loudmouthed guy, or is he getting in their face and spittleing at them? You have to prove the violence, generally without the childrens voices. Is DCPS able to help, and would they be removing the kids since Mother is failing to protect them? Consider this before putting this matter before the Judge.

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  • My fiances divorce is not finalizied , yet but we are planning to marry in Oct of this year, what would happen if we did marry?

    we reside in california .he has a court date on march 2014

    Sandy’s Answer

    This is bigamy and is void. Don't get married until you are both single. There is a way to have his divorce bifurcated to allow for him to be divorced, before all other issues are decided. See a lawyer for this.

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  • Property will be transferred from a trust to a beneficiary and we want to avoid a property tax reassessment.

    My mom passed away a couple of months ago. The primary assets is a house in her trust. My two sisters and I are the sole beneficiaries. Instead of conveying the property from the trust to the three of us (which i believe would not trigger a proper...

    Sandy’s Answer

    I suggest you simply call the Tax Assessors office in your county. They are usually very helpful and will insturct you how to fill out the "Change of Ownership" forms. Just remember there is no exemption for sibling to sibling transfers, only parent to children etc. I too suggest talking w/ a real estate/probate attorney.

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  • If the signature on my divorce has no judges name under it and the judge who they say signed it says he did not is there a statu

    I'm sure that my divorce decree is a forgery and allot of time has passed

    Sandy’s Answer

    1. At the court house clerks office you can see a copy of your Judgment. Is there's signed and conformed? Then your's is a mistake and they can correct it. If there is no Judges signature on the courts copy, then you need resubmit it for their signature. This means maybe having new forms as they change every year. How long has it been since it was signed? You want you new Judgment to be signed "nunc Pro tunc" which means back dated, and maybe even a motion brought to the court to explain and correct the problem.

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  • I NEED TO REMOVE THE TRUSTEE, BUT I HAVE NO MONEY FOR AN ATTORNEY. CAN I PAY WHEN THE ESTATE IS SOLD?

    MY BOYS HAVE INHERITED THEIR GRANDMOTHER'S HOME. THE TRUSTEE HAS FAILED TO GIVE US ANY INFORMATION. I BELIEVE SHE IS BEING DISHONEST WITH THE MONEY. I WANT HER REMOVED. BUT AN ATTORNEY USUALLY DOES THAT. I DO NOT HAVE ANY MONEY TO HIRE AN ATTO...

    Sandy’s Answer

    Does the trustee have an attorney? Perhaps you could contact that attorney. If not, you need an Attorney to go into the probate court and have the current trustee removed or become accountable. Have you requested a copy of the trust? Is there any language in there about accounting to the boys or to you? How old are your children now? Does the home have equity? I don't know any Probate Attorneys that will work on contingency, but you certainly can try. This is an area of the law that I do not recommend you going to court on your own. What is the trustee doing with the estate now? Is the home rented, and is the rent paying the mortgage? Many more questions than answers.

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