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Edmund Lee Montgomery

Edmund Montgomery’s Answers

1,697 total


  • I am dating a guy who is a registered sex offender is there any repercussion of the law or cps if my kids that live with me?

    i have been with a guy and me and my kids plan on moving in with him he is a registered sex offender 13 years have passed he is not on probation or parole. he have never been convicted of any other crimes. if me and my boys continue to be a part o...

    Edmund’s Answer

    If you live with a registered sex offender it can cause some very serious problems. Family Code 3030 could limit you to only supervised visitation with your own children.
    I have no idea what conditions were placed on him being around children.
    You need to seriously look into the consequences before you do anything.

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  • How do I request my girls only visit with their dad in our State of residence, he keeps violating the terms of our divorce agree

    Hi , my ex husband moved to Oregon two years so we share custody, but, he really only does visits a few times a year. I want my girls to spend as much time with their dad as possible but the last few trips he has made flight arrangements without a...

    Edmund’s Answer

    You should seek a modification of the current order to eliminate the problems. Advance notice of ticket purchases and agreements as to travel times should be easy issues. Orders concerning both parents being able to talk with the children when they ae with the other parent should also be an easy issue.
    If the two of you can come up with an agreement then you could avoid court. Otherwise you might need to file a Request for Order with the court.

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  • What documentation do I have to fill out if I want my children's father evaluated. He has extreme Behavioral problems

    He has serious mood swings, very forgetful with the things he says, unstable, moves a lot, the choice of words he uses with the children and myself are very disturbing, not releasing the kids when he's supposed to, no accountability, smokes weed, ...

    Edmund’s Answer

    You need to put your concerns in a declaration and be able to provide proof. You need to seriously talk with a family law attorney so you can protect your children before something bad happens.

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  • Family Court was yesterday my attorney did not prepare my case

    Family Court was yesterday my attorney did not prepare my case, my attorney did not talk to me before the hearing the declaration that they sent in was rejected she did not properly inform me of the negotiations the other side was trying to make ...

    Edmund’s Answer

    Riverside does not accept declarations the day of the hearing. They need to be filed in advance.
    You should really talk with an experienced family law attorney to better understand your options.
    I do not know what issues were discussed in court. I am sure there are going to be other hearings, you need to be prepared.

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  • Child evaluation can you provide affidavit of friends and family to evaluator and a independent psychologist report of child?

    In a child eval, can I present affidavits to the evaluator of numerous family and friends that have been around me and my children, how we interact, their opinions? Also, I thought about taking my son to a psychologist to get a report on their p...

    Edmund’s Answer

    You can provide statements from family and friends but DO NOT take your child to see another psychologist.
    Taking your child to another psychologist without the permission of the other parent will cause you MAJOR problems and probably backfire on you.

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  • California- does mother need a move away order to permanently move children out of state?

    Husband and wife have joint physical/legal custody per judgement. Wife makes false allegations that husband abused children 1 month before divorce is final and is granted a TRO. The abuse charges are currently be dealt with in another court. Famil...

    Edmund’s Answer

    You need to immediately file for an emergency order for the children to be returned to California. The Ex is in violation of the ATRO's that state the children are not to be removed from California.
    You need to seriously talk with a family law attorney. You are moving towards a move away issue and things can get very complicated.

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  • Forgiving arrears

    My ex wife agreed to forgive my arrears, with the exception that I pay for my daughters first 3 months of rent every school year while in college. What paperwork needs to be filled out for her to forgive arrears? With the agreement we reached, she...

    Edmund’s Answer

    You should go on line and download form FL-626. It is a stipulation to forgive past due arrears and contains all of the legal language you need.

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  • Can Child support be reduced?

    Hello, Hello, I am a father that has 50 percent custody of my daughter. When the child support payments took effect, my ex wife was not married at the time, and neither was I. She also was not working. Child support is at $550 a month. She is no...

    Edmund’s Answer

    You can modify child support. You should use the on line calculator as suggested by the other attorney

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  • Which would be more beneficial to my situation? Finding a Divorce lawyer in Seattle, WA or California? I have property in CA.

    I will be moving to Seattle month end. I am looking to divorce my husband. We have a house together in California (riverside county). No kids. Before marriage, I owned an apartment in NY and still do. I have begun listing the house in California t...

    Edmund’s Answer

    In order to file for a divorce you have to be a resident of the state you are filing in for at least six months. Since you currently live in California, you would have to file in California.
    If you move to Seattle then you would have to wait six months to be able to file there. There would be nothing stopping your soon to be ex from filing before the six months in California.

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  • Can the court take into consideration my income (separate finances by prenup) for assigning my husband Child Support?

    My husband earns $2500/mo, his ex claims to earn $500/mo doing eyelashes, and lives for free with her husband (unemployed), mom, aunt & uncle (7 people in a 4 bdrm). I earn $9000/mo but have a prenup keeping our finances separate. The judge in o...

    Edmund’s Answer

    Income from a spouse or significant other can not be used in the calculation of child support Family Code 4057.5. A spouses income is only used to calculate the income of the paying spouse when the parties file joint tax return. With the spouses income they can calculate the actual taxes paid by the paying spouse and do not include the new spouses income in the calculations for support.

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