Archived
How long do family law trials take and is it days in row or one day this week another next and what are the costs involved?
Wail's answer
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Answered on October 15, 2014
It depends on how complex the case is. There are fees associated with having a court reporter and it is highly recommended to have one in the event...
Archived
I don't pay child support will that hurt if an adoption is attempted?
Wail's answer
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Answered on October 15, 2014
If the step dad is trying to adopt your daughter, you can consent to terminating your parental rights to speed up the process. Once your parental...
Archived
Can my ex keep my son's cell phone number from me?
Wail's answer
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Answered on October 15, 2014
The answer to this question all depends on what your custody order says. Courts generally want continued and frequent contact between the children...
Archived
Are student loans incurred prior to marriage community property debt? I'm getting divorced. Spouse has $80k debt.
Wail's answer
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Answered on October 14, 2014
No; student loans are considered separate debt whether incurred before or during the marriage unless the community reaped the benefits of the...
Archived
How do I get the Court/Clerk to sign Stipulated Judgment when the other party signed the stipulation in court, but will not now?
Wail's answer
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Answered on October 14, 2014
Check out Code of Civil Procedure 664.6 to enforce entering a judgment on a stipulation signed in court or verbal before a judge. This can be done...
Archived
Can a parent lose custody of a child that doesn't live with them? And what is the best way to go about switching the custody?
Wail's answer
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Answered on October 13, 2014
You want to lose the custody of your daughter? Unusual question I have to say. If you want to lose custody just enter into stipulation with mom,...
Archived
Can back child support be ordered if we separate?
Wail's answer
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Answered on October 13, 2014
She can re-open the case but can not collect retroactive support.
Archived
Do both parents have to be present to submit an agreed stipulated custody form?
Wail's answer
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Answered on October 13, 2014
No you do not need to be present; but it may take longer to get the judge's signature if you just file the stipulation through the court's general...
Archived
Minor's counsel objection overnight without giving any reason and my son he believes that she is helping his mom against me
Wail's answer
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Answered on October 13, 2014
If you truly believe that the minor counsel is biased and incapable of representing your child's best interest, you need to tell the court that...
Archived
If I move out of the house first, does the wife get to move with my child where ever she wants?
Wail's answer
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Answered on October 13, 2014
That is a big no, if she moves out to a a distance far enough to interfere with your custodial arrangement, she needs to file a motion to relocate...