My husband has 2 kids the mother convinced the kids that he did things to them and now they won't see him . It's been 2 years
The short answer to your question is yes, your husband will have to support his children from previous marriage regardless of whether or not he is actively parenting them.
According to California law, the obligation of a parent to support his or her children cannot be bargained away and does not depend on visitations/ custody of that parent. The only correlation between child support and custody/visitation is in the amount of child support to be paid. According to the California guideline child support formula, the less parenting time a parent has, the greater amount of child support he will have to pay.
Your husband may want to talk to a family law attorney in your area. The unwillingness of the children to see their father is not always dispositive. It may be ill founded and may pass with time, but the children still need both parents. If your husband is in fact a fit parent, he should try and assert his parental/custody rights. A consultation with an experienced local family law attorney may be free or cost very little, but will go a long way in helping your husband in establishing good relationship with his children.
I just got offered a job just wondering what will show up on a background check?
Chances are that both petty theft counts may still show up as charged and dismissed. You can order your record from the Department of Justice. Sometimes the dismissed charges appear as if still active. You should fill out a form that is usually attached with the letter from DOJ to correct any inaccuracies that may appear on your record.See question
After the arraignment can the public defender appear in court for you?
Generally, in a misdemeanor case a defendant may waive his/her personal appearance per PC section 977 and authorize an attorney, whether a deputy Public Defender or a privately retained one to appear in his/her behalf. There are some exceptions to that, for example in domestic violence cases, where a criminal protective order (a stay away and/or a conduct order) is at issue or when the court orders personal appearance. You'll have to consult with a criminal defense attorney or talk to an assigned public defender about your case specifically. If none has been assigned to your case as of yet, or if in doubt, it is best to appear at a scheduled court hearing to avoid the risk of a bench warrant.See question
I called the courthouse and asked whats the cost for filing an order to show cause to modify our current visitation due to me having to move for work (child is in CA with other parent, wasn't allowed to bring child with me) and how do I pay that (...
To answer your first question, the court fee in San Diego County to file a Request for Order ( previously order to show cause ) is $60.00. You can look up the fee schedule on the court site at sdcourt.ca.gov.
As to your remaining questions, you'll have to consult a local family law attorney. All of your concerns can be brought out at your RFO hearing. Ex parte may not be the best way to proceed as you'll have to show exigency. Courts ordinarily do not like to make emergency custody orders on issues that can be addressed in a noticed motion hearing. Talk to an attorney. Good luck.
Hello my name is Abraham I was.served with divorce papers along with child custody and child support papers ...first I would like to know how can my 14 year old son testify on his behalf been treaten by his mother if he di not stayed with her. She...
I agree with Mr. Benton, you do need an attorney to represent your interest. If, however, you are not in the position to retain one straight away, you need to go to your local court's Family Law Facilitator's office to help you file the Response package to the divorce petition. You have only 30 days from the date of service of the Summons and the Petition in which to answer. After 30 days you run a risk of a Default Judgment where your spouse may obtain orders she is asking for as uncontested ( with no opposition from you). The Family Law Facilitator will tell you which forms have to be filed and will help you to fill them out. [The initial package consists of Response ( Fl -120), Income and Expense Declaration ( Fl-150), Declaration under Uniform Child Custody and Enforcement Act ( Fl-105); Property Declaration ( Fl-160); Proof of Service. You can find the forms online at www.courts.ca.gov] There may be additional local forms that your county requires to be filed with your Response. The Facilitator will help you out with that. Considering your low income, you most likely qualify for a Waiver of the court filing fee. You will have to file a local form Application and Order to Waive Court Fees and Costs. You should schedule a consultation with the local family law attorney. Most of the attorney's here on AVVO will give you 30 min. free. Do not delay. Your material parental and financial rights are at stake here. Good luck!See question
Re: warrants for arrest in the US regarding unpaid tickets or unfiled taxes?
I agree with Mr. Finnecy that a lawyer may not necessarily have the same sources of information as a private investigator, but if you goal is not only to see if there are any outstanding arrest/bench warrants, but also to take care of them, a lawyer is certainly a better choice. You should at least consult a lawyer in the county where you think the warrants may have been issued and follow his/her advice on how to proceed further. The majority of attorney's here on AVVO will give you a free telephone consultation. You may use the " Find a lawyer" button on this site to locate attorneys practicing in the geographic area sought.See question
Hello, my husband's sentencing is in a few days. Sentencing was extended due to restitution. The plea deal was accepted by the judge at pre-trial. I'm understanding that the judge has changed as the prior judge has moved else where. Is it at all p...
I agree with Mr. Snyder in that all these questions have to be addressed to your husband's attorney. Generally, if your husband has executed a change of plea form, spelling out the terms and conditions of the plea agreement with the prosecution, and the judge who had accepted the plea made a finding on the record that your husband had entered the plea knowingly, intelligently and voluntarily, the sentencing judge, even if different per the Arbuckle waiver, will usually honor the agreement. If there was any uncertainty left as to the custody time or other conditions, and the probation report and recommendations had been ordered by the court, the defense attorney can review the report, object to inaccuracies and mistakes, if any, and file his/her own statement in mitigation, arguing for less custody time and/or foregoing some restrictive conditions. It is impossible to say what could be done if anything in your husband's situation without seeing the change of plea form and without knowing the background facts and the particulars of the plea bargain agreement. Again, you should discuss your questions with your husband's attorney. Good luck!See question
My ex withholds my child on my court ordered weekends just to upset me. What is the best way to document and how do I present proof in court? Or... Am I just at her mercy?
I agree with Mr. Green that filing a court action may be the best course of action, but it will take some time and is rather complicated. You'll have to file an action for "contempt" You will be well advised to retain an attorney to do that.
A court order has a force of law. If you do have a copy of the court order in your hands, and your spouse is in clear and open violation of it, you may contact your local Sheriff or PD to enforce the order on your designated custody days or you may contact your local DA's office "Child abduction and recovery". To avoid unnecessary hostility and most importantly any emotional trauma to your child, the police intervention may have to be your last resort. Talk to a local family attorney to evaluate and advise you what would be best in your particular circumstances. You certainly do not have to be "at your spouse's mercy." It is not about you, but your child, who needs both parents in his or her life! Best of luck!
I worked for 5 years while we lived together and 7 + years during our marriage. I did book keeping, advertising, web design and upkeep, billing, grounds cleaning - just about everything but provide the actual "service". Does the time I worked wh...
This is a complex issue. Speaking generally, the community has acquired interest in your spouse's business during the time of your marriage. The extent of that interest will have to be calculated and will depend on many factors, which you will absolutely have to discuss with an experienced local family law attorney. To estimate what would be a reasonable settlement an attorney will have to know specific details about the business, it's current value, it's value before marriage, the value of your services to the business and to it's growth in value if any. Some financial data may have to be established through discovery process. It can be rather technical and involved and will most certainly require a specialized legal knowledge. Use the "find a lawyer" button on this site to locate an experienced family law attorney(s) in your area and schedule a consultation without delay. Best of luck.See question
My sister in law is facing 3 felonies battery, resisting arrest and for reaching for the officers weapons
My colleagues are absolutely right. It is impossible to evaluate your sister's case without more information, but even then the only diagnoses that would be of any practical use to your sister-in-law would be of the attorney actually looking at the case discovery, including the police report and the rap sheet. If you just want to know her maximum exposure-look up the Penal Code sections she is charged with, take the upper (highest) term for each, add them up and there you have it. My advise, schedule a consultation with a San Diego/Vista attorney as soon as possible. Mr. Fineccy is an excellent, very experienced attorney, had been practicing in Vista for twenty some years. Just give him a call. Good luck.See question