Archived
Spousal support - lump sum or monthly payments?
Wail's answer
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Answered on September 01, 2015
It depends on the facts of the case. If it was a long term marriage you may be entitled to permanent spousal support. However, he can respond with...
Archived
Please give me a rough estimate for the cost of fighting for adoption from my drug addicted sister. She has full custody.
Wail's answer
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Answered on September 01, 2015
You need to file for guardianship first. If the parents are in agreement with terminating their parental rights and allowing you to adopt the...
Archived
What are Defenses to disturbing the peace for a domestic violence restraining order?
Wail's answer
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Answered on September 01, 2015
I agree with my colleague, your best defense would to be to hire an attorney who handles domestic violence cases.
Archived
Ex husband in mexicali will not return two of my children.
Wail's answer
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Answered on August 31, 2015
You need to file an ex parte to have him return the children.
Archived
Can I withdraw from a RFO custody case as the petitioner without it being held against me?
Wail's answer
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Answered on August 31, 2015
If you are the moving party and the other side has not responded, you can take the hearing off calendar.
Archived
How do I get custody for a child if I wasn't present at birth or in my child's life for 3 years
Wail's answer
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Answered on August 31, 2015
You need to file a paternity action to establish custodial rights.
Archived
Can I move to another city in the same state with my child since I have Sole legal and physical custody of my son?
Wail's answer
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Answered on August 31, 2015
I agree with my colleague. It all depends on what the court order states. Generally speaking, move aways should be done with a Request for Order to...
Archived
My sons father wants to fight for custody when he doesn't even live in california where my child and i reside he lives in texas
Wail's answer
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Answered on August 27, 2015
This question has already been posted. If he is not listed on any judgment, order, birth certification, voluntary declaration of paternity, etc....
Archived
My sons father wants to fight for custody when he doesn't even live in california where my child and i reside he lives in texas
Wail's answer
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Answered on August 27, 2015
It depends on the age of your child and if there have been any child support orders. If there are no judgments or orders, then there is nothing...
Archived
How do I transfer part of my 401K to my ex, per our MSA, without incurring fees and penalties?
Wail's answer
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Answered on August 27, 2015
I agree with my colleague, you need to prepare a QDRO.
