Archived
Can I prepare an agreement for my ex's permission by myself if I want to move out of my county with minor child?
Gary's answer
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Answered on June 30, 2016
I agree with my colleagues, it would be better to have an agreement drafted and filed with the court. Or file an RFO and come to an agreement in...
Archived
What can I do to make sure my 4 year old stays with a relative while I do jail time?
Gary's answer
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Answered on June 30, 2016
If you are planning on a long time incarcerated then have one of your relatives file a Petition for Guardianship. The other parent would have to be...
Archived
Do I need to report an increase in my income to the LCSA if I'm the sole physical custodial parent?
Gary's answer
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Answered on June 30, 2016
If the Commissioner in the prior hearing said your income was irrelevant, that must mean Father has no timeshare with the children. If that is...
Archived
How do you handle a custody case where false allegations of sexual abuse are taking place
Gary's answer
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Answered on June 28, 2016
I agree with my colleagues. You probably need to file an RFO for a change of custody based on the false allegations and the frustration of your...
Archived
Are there any other judicial council forms I need to fill out and file in order to get alimony/attorney's fees through default?
Gary's answer
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Answered on June 28, 2016
The prior responder is possibly correct. Why would a court grant you attorney's fees if you did not have an attorney. However, if you used to have...
Archived
Can I vacate the judgment?
Gary's answer
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Answered on June 28, 2016
You need to talk to an experienced family law attorney right away. Family Code 2122 allows for setting aside a judgment for "actual fraud", but...
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Archived
I have the full and physical custody of my son. Can we go out of country for a year? Do I have to ask permission from the court?
Gary's answer
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Answered on June 28, 2016
If your case is ongoing in California, you may be restrained from taking the child out of the state. There are automatic restraining orders that go...
Archived
Since filing for divorce in Ca my wife has legally reverted to her maiden name. What name do I use for future filing forms
Gary's answer
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Answered on June 28, 2016
Use the name that was listed on the original Petition for Dissolution. If you like you can then add her maiden in parentheses. This way the court...
Archived
What can my mother in law do ?
Gary's answer
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Answered on June 23, 2016
I think she should go ahead and file for divorce here. She will need an attorney. The attorney can file a motion to have the Mexican divorce decree...
Archived
Can my half sister get back pay on child support if her mom took her and left the state?
Gary's answer
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Answered on June 23, 2016
Based strictly on the facts you gave, I would say your dad has nothing to worry about. Your half sister cannot go back now and seek a child support...
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