My daughters father and I separated 2 years ago and he doesn't make an effort to see my daughter or help me financially. I decided to file custody papers recently and I feel nervous about possible outcomes.
Although the judge can grant custody to the father when he lives in a different county, that may not happen right away since it has been two years since he has seen the child. The court could order that reunification therapy be completed. Also, the court could order supervised visits to the father. If you asked for child support, you can anticipate that he will fight for custody to help lower his child support obligation. Perhaps he will finally step up and be a good father to his child. Consider having at least a limited scope attorney to represent you at court.See question
The mother hasn't followed any court orders at all. None at all. And i legally can see my son every weekend and vacation but the mother won't follow the court orders.
I agree with Attorney Routledge. I would like to add that taking prompt action with the court is critical. It is not a good idea to sit around and not file anything with the court to assert your rights. It's unfortunate when parents have to file when there are court orders in place, but action is necessary.See question
We won soul and physical custody but mother who lost custody. Is still trying to fight for her rights of visitations but has not complete or done anything the judge has asked in order to get her visits. But keeps taking us to court on and off an...
The court will require her to complete the conditions that are ordered before custody and visitation can be changed or modified. Family law litigants can file for multiple court dates for many reasons based on the best interest of the child or whatever they come up with. Family law is one of those areas of the law that can be highly litigious if certain people are like that. Ultimately, it is possible for the court to declare her a vexatious litigant, which would require her to get permission from the court before filing with the court.See question
I wanted to know if the father of my son can get visitation he has never seen my son he 10 years old he has my husbands last name he never wanted me to have my son in the first place but recently he was court ordered to pay child support and now h...
He could obtain visitation, but it may require therapy first and a slow reunification process. This is often seen when one parent seeks child support, and the non custodial parent seeks to obtain more time in an effort to lower the child support obligation. Consult with a family law attorney.See question
My ex and I have been battling a divorce for the last 4 yrs. We finally got divorced last month, after I got served that he wants to terminate my spousal support after 4 years, now just last week he put a temporary restraining order on me and tomo...
He can make the request to terminate spousal support, but the judge will decide whether to terminate it or not since you oppose his request. Terminating support depends on the length of the marriage along with other factors. Four years may be half the length of a short term marriage, but more facts are required to determine these issues. Since the case has been to court a couple times, it is unlikely the court will continue the spousal support issue. However, the court may grant a continuance on the new issue of the restraining order. The court may continue both issues. It doesn't hurt to make the request since the judge could grant it or deny the request and move forward tomorrow.See question
I am filing for custody of my daughter we have mediation coming up but her father refuses to go to court
He will most likely file to modify the orders the court makes if he's not at the hearing. I suspect the court may continue or delay the proceedings once if he doesn't appear. The court might make temporary orders until the next date. However, it sounds like you have specific evidence that he won't appear, and if that information is communicated to the judge, the court may proceed without him being present. If the case is in Norwalk, one of the judges would probably not continue while the other two may grant one. You will get court orders whether it's on the first or second court date. If the dad is ordered to pay child support and his paycheck is attached with a wage assignment, he will probably file to get back into court for another hearing, but that doesn't necessarily mean he will prevail.See question
my husband has very low income, almost no work ( self -employed). we are low income family with 2 kids. ( 5, 2 years old). If considering a divorce ( there are reasons for that) what will be minimum child support amount for 2 kids? He is paying ...
Without analyzing all of the numbers, it is quite difficult to give an exact amount. The court will use the Dissomaster child support calculator to formulate the amount using the numbers of each parent. The court will consider, among other items, the amount of time each parent spends with the children and the income of each parent...See question
hi, My ex-spouse is not US citizen. We got divorce in California. She doesn't have SSN and I ask her to get Tax ID for QDRO. However she ignore it and ask me for cash. I just want to do everything on the settlement. 1. Can I pay her cash instea...
You may buyout your ex if that is something the parties want, and it sounds like it makes sense in your case. Make sure to document your requests to her. I don't believe you being sued for malpractice is applicable in your situation. You should consider hiring an attorney to help out with settling the case.See question
looking for a "family law attorney" for visitation / custody battle in San Bernardino County.
AVVO is a good place to initiate a search for an attorney. Many of us family law attorneys offer a free initial consultation. What makes this case a battle? Is one parent unjustifiably refusing to allow the other parent to see the child or children? If so, I see where a battle can occur if the parents can't settle the case. These issues can be addressed at the consultation.See question
My still husband is accusing me of been alcohol abusive and neglected our family he put a restraining order on me saying I hit him he put me out of the home he kept our 5 children court didn't even took pictures or anything of what he said to get ...
You need a thorough consultation. Finding out why some children were interviewed while others weren't should be looked into. An attorney probably would have argued to interview all children. Fighting a case with a restraining order being placed on you is quite difficult, but there may be avenues to explore.See question