Archived
I have full custody of my 2 year old pending a restraining order hearing. What can I expect as far as custody for my son?
Luis's answer
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Answered on February 16, 2010
I agree with my colleagues answer. I would add that based on these facts, you are predominantly in the driver seat. If you still want your son to...
Archived
I was served with divorce papers and then given a declaration for default of uncontested dissolution or legal separation
Luis's answer
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Answered on February 02, 2010
I would concur with my colleague. If opposing party has not taken default against you then you want to file a response as soon as possible. It is...
Archived
How long doe a legal separation take
Luis's answer
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Answered on February 02, 2010
I would strongly suggest that you speak with counsel regarding drafting a proper legal separation agreement. Legal Zoom also offers assistance with...
If a couple has been living separately without filing for divorce or legal separation, how is that handled in court?
Luis's answer
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Answered on February 02, 2010
This is a factual dispute, the result of which will have a substantial effect on the awarding of spousal support and division of property. Any...
Archived
Do I still have to pay child suport if my daughter has been living with me full time for the last five years?
Luis's answer
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Answered on February 02, 2010
You will need to file an Order to Show cause to change the custody and visitation orders. If you can get your ex to sign a stipulation it would...
Archived
How do you determine if a parent pays child support if the child lives with both parents 50/50...Do both parents pay each other?
Luis's answer
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Answered on February 02, 2010
You will want to speak with an attorney to run the calculations as to what the potential child support obligation from the father will be. You...
Archived
Child support
Luis's answer
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Answered on February 02, 2010
He should also consider filing an OSC for visitation rights if he has not already done so. Even though he has moved out of state, the court may...
Archived
Can a father take custody of his child that he did not know was his until now, the child is 11 yeas old?
Luis's answer
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Answered on February 02, 2010
The father will have to file a court action to establish custody and visitation rights. A determination of paternity may also need to be...
Archived
Can my ex get joint custody of our 5 year old?
Luis's answer
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Answered on February 02, 2010
The court will make its determination based upon what is in the best interests of the child. This will be a very fact intensive hearing wherein the...
Archived
The father of my child made me sign over custody and now he took my daughter, how do I get custody back?
Luis's answer
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Answered on January 21, 2010
You will need to file an Order to Show Cause to modify the custody agreement per the stipulation and order. You will need to show why it is in the...
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