Archived
Can i refuse to take my children to court to testify against there father if they've been subpoenaed ages 9, 8, 6, 5, and 5
Michael's answer
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Answered on January 13, 2017
If the court has ordered the children to appear, or a subpoena/notice to appear has been issued for them by the opposition, you could be found in...
Archived
What options do I have or what's the best thing to do ?
Michael's answer
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Answered on January 13, 2017
Have him stipulate to set aside the old DVRO, waive the 3044 presumption, and set aside all prior custody and visitation orders. File the...
Archived
How can I petition for retroactive child support?
Michael's answer
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Answered on January 12, 2017
Generally, most courts only grant retroactivity to the date of service of the summons/petition for CS. The code allows for retroactivity to the...
Archived
How much child support will my daughter get if the dad earns minimun wage?
Michael's answer
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Answered on January 12, 2017
It depends on a variety of factor in addition to his minimum wage income: her income or imputed earning ability, the parents' respective timeshare,...
Archived
What steps should we take if the custodial parent is stating she was advised to deny court order visitation?
Michael's answer
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Answered on January 12, 2017
File a contempt of court action, and a motion to modify the current custody order to unsupervised/change of custody.
Archived
What can I do to stop the false Allegations in a restraining order?
Michael's answer
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Answered on January 12, 2017
Read the case of S.M. v. E.P. (2010) 184 CA4th 1249, 1264, 109 CR3d 792, 802-803 - calling a woman a cold "B" not abuse as defined by the DVPA....
Can I get an annulment if my husband misled me regarding the status of his finances and previous divorce?
Michael's answer
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Answered on January 12, 2017
Short answer is no.
Annulments are disfavored remedies.
Judgments of annulment can me made by agreement.
A marriage may only be...
If a father in California was unable to sign dop in the hospital but did through welfare what is the legal standings?
Michael's answer
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Answered on January 12, 2017
I am assuming you are not married to the father. A VDP is not a judgment of paternity, but it carries the effect of one in a legal proceeding (but...
Archived
What do I do if I have monitored visits with my daughter but I can't afford a monitor?
Michael's answer
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Answered on January 12, 2017
File a motion for orders that:
1 Dad pay for the professional supervision at visitations;
2 Convert to non-professional supervised visitations;...
Archived
Do I need a judge's permission to move to a different state if both parents already live in different states?
Michael's answer
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Answered on January 12, 2017
Yes, you need a court order allowing a relocation unless you have sole physical custody in a final judgment. Best to first seek agreement in...
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