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James D. Madden
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James Madden’s Answers

125 total


  • What are my chances at 50/50 custody

    I have been going back and forth to court with my ex regarding child custody and support she refuses to give me more time so that she gets more support and the courts always side with her. This started when my daughter was three and a half she is ...

    James’s Answer

    if the child custody/visitation order is final, you will need to show a significant change in circumstances and then prove that your proposal of 50/50 is in the best interest of the child. May want to itemize a 730 evaluation into the litigation budget because it will very likely be required under the circumstances as provided herein. Highly recommend spending good money on a good lawyerl as there are many aspects to this issue that require thorough scrutiny and analysis. Remember, you carry the burden of proof on this issue. Good luck to you.

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  • My niece was taken by cps in riverside the social worker is friends with my nieces grandmother dependency hearing was canceled i

    Friends in the riverside and la county cps offices took my niece for personal gain and cancelled her dependency hearing is this legal

    James’s Answer

    Call Art Lacilento. He is the man for this situation. His contact information is here on AVVO. Tell him Jim Madden sent you.

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  • Mom want every Sunday for 4 hours? Judge only gave her 40% time which is her current schedule.

    The current orders are THE RIGHT OF REASONABLE VISITATION AWARDED TO MOTHER. MOTHER'S VISITATION SHALL BE MON 6:30 PM TO TUES AT 7AM AND THURS 6:30 PM TO SAT 7 PM. Now mother wants to see her Sun for church for 4 hrs. I told her to cancel her Thur...

    James’s Answer

    You could be proactive and file an RFO to modify the visitation order. You would appear reasonable in that you are seeking to accommodate mother's quality time.

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  • Probate court where guardian has requested termination of guardianship. The preceding and reserved divorce family law case.

    Made no custody orders. At the time of the voluntary guardianship placement mother had custody of both children. At termination who gets custody? Father has domestic violence involving discharging a firearm at mother in presence of child 7 yrs ago.

    James’s Answer

    Based on the very limited information, it would seem that mother would have little trouble in having the child placed in her custody. However, I do not know any of the facts of the last seven years to analyze properly.

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  • Can I still request a copy of my ex-husbands income and expense declaration after the hearing?

    His lawyer did not send me a copy prior to our court date. He also did not file it by the date ordered by the Judge. It was filed a day before the continued hearing re: spousal support modification, but I never received a copy. In court, his la...

    James’s Answer

    You must be served with opposing counsel's paperwork that is submitted to the court. Keep record action of your written contact with opposing counsel advising that you have informed him that you did not receive the income and expense declaration and present it to the judge at the next hearing. You may consider sanctions under section 271 of the Family Code.

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  • How do I submit a request for termination/modification of a CPO?

    My boyfriend plead "nolo" to a misd. dv charge. The judge issued a no contact order in place til the date of his sentencing which is standard procedure in similar cases. However, he was sentenced last week and because I was not able to attend an...

    James’s Answer

    Contact a good defense attorney who practices in that courthouse. See if they can contact the DA to inquire as to their position and to proceed accordingly.

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  • Do I need to get certified bank records or will a print-out suffice?

    My ex-husband claims that I didn't send child support, when I actually did. The only proof I have is a copy of the check from my online bank account. I didn't write the check, it was issued by the bank. The copy includes his signature on the b...

    James’s Answer

    You can serve a subpoena duces tecum on the bank. There are very specific steps to be taken but it would solve the problem.

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  • How can I get my ex-husband to pay his back child support?

    My divorce was settled in tribal court in Michigan, and my ex lives in Montana. He owes me over 7k in back child support. The tribal court that granted us our divorce has done absolutely NOTHING to collect child support. They give us court date...

    James’s Answer

    Talk to the local child support agency about registering the judgment in California and then place a wage assignment on him and file for contempt for back support.

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  • Can my husband decide what items to take with him when he moves out and do it while i'm at work?

    My husband announced yesterday that he was leaving me. He immediately started loading up all of "his stuff" and taking it somewhere else. Today while i was at work he came back & loaded up a lot more stuff. The stuff he claims is his because "he b...

    James’s Answer

    California is a community state. Everything acquired during marriage is 50/50 regardless of who physically for the item. The exception is if the item was purchased with separate property funds or if the item was a gift or inheritance. Take pictures and list what he has removed and take pictures of everything else in the house so he can't hide it later. File for divorce immediately and have him served. Once served, an automatic restraining order regarding the removal of community property applies.

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  • How to respond to a request for order w/ temporary court order marked but not signed by a judge. we have joint custody .

    I gave him a 30 day noticed of our move . he is requesting the custody of the kids .

    James’s Answer

    It is unclear if a temporary issued or not. If so, you must obey the order from the outset and then determine how best to proceed. It may be likely that judge has ordered the child returned to California pending a move-away hearing. These are typically difficult cases and I would highly recommend speaking with a good attorney. You must respond in a specific timeframe. If ex parte orders were granted, then you will be back in court shortly. It is imperative that you be prepared at the first hearing.

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