Archived
My parents have had guardianship for 5 years now I lost custody Of my daughter and I want her back now. Do I have a good chance?
Michael's answer
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Answered on March 13, 2012
You should petition the court to terminate the guardianship based on ground it is no longer necessary , as stated in your fact pattern plus attach...
Archived
I filed for divorce in California back in 2008. Me and my ex have not lived together since then.
Michael's answer
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Answered on March 13, 2012
You should be able to request a default judgement by clerk so a court appearance and prove up hearing is not required. In that case, just as long...
Archived
How can a judge remove legal custody from a father, based only on a 30 minute interview by a court mediator who had no evidence?
Michael's answer
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Answered on March 13, 2012
As a result of a statewide task force report (Elkins) changes are being implemented in family courts to make the justice system more accessible and...
Paying Over and Above CA Child Support Guidelines / Mediation. Should I agree to mediation in California child custody court?
Michael's answer
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Answered on March 13, 2012
In response to your question concerning child support guidelines and mediation, it is necessary to have more details to understand the facts of...
How do I have a court appointed lawyer removed as counsel for my 9 year old daughter. She is neglecting her duties badly!!
Michael's answer
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Answered on March 13, 2012
You can file a an Order to Show Cause , the most common method to make a motion in a family law case. You will check the box "other" and type in...
What can I do as a military spouse going through a divorce and my spouse is committing adultery with another active duty member?
Michael's answer
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Answered on March 13, 2012
California is a "no fault" divorce state, so infidelity is not an issue. Looking over your questions and various posts, it seems you are being...
Archived
Child support hardship
Michael's answer
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Answered on March 13, 2012
The forms ask you what other children you are legally obligated to support, the guidelines do take this into account. If it was ommitted before,...
Archived
Can my current husband adopt by daughter if her biological father signs over his rights?
Michael's answer
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Answered on March 12, 2012
Either the bio father signs consent or you must terminate his parental rights. There appears to be grounds for abandonment , the motion to...
Archived
Husband cancelled health insurance during divorce. File for Small Claims?
Michael's answer
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Answered on March 12, 2012
It's a violation of the automatic restraining orders and it also may be an ommitted debt subject to a motion to re-open the case to adjudicate (or...
Archived
How do I protect a business i created before marriage from being divided as community property after marriage?
Michael's answer
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Answered on March 12, 2012
There are simple answers but they are worth about as much as it costs, nothing. The facts you state create a complicated situation. Yes a pre nup...
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