Archived
Ordered to drug test before visitation because of an arrest two years ago. I was never charged nor convicted. Should I appeal?
Katherine's answer
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Answered on September 30, 2017
You can file an appeal, but it may be a difficult one to win. There are three grounds for appeal: 1) applying the law incorrectly or...
What happens if my spouse does not file a response to ex-parte custody papers?
Katherine's answer
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Answered on September 30, 2017
The ex parte application is a temporary order until the court can hear a noticed motion, which is what you have on October 2. If your spouse...
How can I extend the deadline for CA CCP 364 (90 day notice of lawsuit)?
Katherine's answer
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Answered on September 29, 2017
You need to give 90 days' prior notice of filing the lawsuit. If the statute of limitations will expire before that 90 days is over, the statute...
Conflict of Interest - Other Party's Attorneys are now suing me and representing their client at the same time?
Katherine's answer
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Answered on September 29, 2017
Whether there is a conflict of interest will depend on what they are representing their client for and what they want to sue you for. If there is...
Archived
What can i do to have my son returned to my custody immediately
Katherine's answer
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Answered on September 29, 2017
You need to file a Petition to Establish Paternity and a Request for Order to get a hearing for child custody and visitation. You can also file an...
Archived
What can i do if my 8 year old begs and cries for me not to let her dad take her?
Katherine's answer
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Answered on September 29, 2017
You do need to follow the court orders. You may want to have your daughter see a counselor to help her through whatever is causing the problem.
Archived
If both parents are working in the house hold, does the other parent receive a hardship for children from another relationship?
Katherine's answer
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Answered on September 29, 2017
The hardship deduction is discretionary and there are many factors that the court will consider. One of the most important factors is whether the...
Archived
Child support
Katherine's answer
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Answered on September 29, 2017
You need to have one Income Withholding Order that includes all of the support owed. Medical bill reimbursement is normally a mandatory add on and...
Ask a judge to sanction an attorney for lying?
Katherine's answer
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Answered on September 29, 2017
You could file a motion for sanctions under Family Code section 271. That section says that "the court may base an award of attorney's fees and...
Can i change my truck vehicle category from commercial to automobile?
Katherine's answer
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Answered on September 27, 2017
You can drive an F350 dually with a class C license. You should contact your insurance carrier and find out why it is issuing a commercial...
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