Is joint custody automatic? Until a court orders custody a certain way, do both parents have equal rights to have equal custody?
Stephen's answer
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Answered on November 03, 2014
There is no automatic right to 50/50 custody or visitation time. The parents will be presumed to act in the best interests of their children when...
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Is my custody battle worth fighting?
Stephen's answer
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Answered on November 03, 2014
If you would like to be involved in your child's life, then it is definitely worth "fighting" for custody and/or visitation time with the child. ...
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Do we necessarily need to file our Property Settlement Agreement for filing our Summary Dissolution with the family court in CA?
Stephen's answer
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Answered on November 03, 2014
The California Courts website has a very good template for a Property Settlement Agreement. These 2 links should be able to provide you with...
Can my private text messages be used in family court without my permission?
Stephen's answer
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Answered on November 03, 2014
If she is using your text messages to prove that the father is "neglecting the kids" and/or that "the children would be better off with her," then...
My children's father owes $5000+ in child support and hasn't provided insurance as our divorce papers state. What can I do?
Stephen's answer
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Answered on October 31, 2014
If you have a current court order, you can file an Order to Show Cause and Affidavit of Contempt. The court will look at the amount of support...
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What is an "investigation" during a Termination of Parental Rights" and can a lawyer be present during the investigation?
Stephen's answer
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Answered on October 31, 2014
You can and most likely should hire an attorney to represent your interests with regards to matters involving termination of parental rights. The...
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What kind of RFO should I file against a company that ignores a wage assignment order for spousal support?
Stephen's answer
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Answered on October 31, 2014
You may be misinterpreting the law. The employer must begin to withhold money from the obligor's pay no more than 10 days after the earnings...
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Do I have legal right to get engagement ring back after break up
Stephen's answer
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Answered on October 31, 2014
She acquired the engagement ring lawfully, by and through a "conditional gift" from you, so no, taking the ring does not constitute theft. You may...
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My mother was caring for a 9 month old girl as the parents were unfit to do so and welfare has just taken her as ward of the sta
Stephen's answer
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Answered on October 31, 2014
Since your mother has been caring for the child she may qualify for De Facto Parent status. An explanation of De Facto Parentage is contained...
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Respondent's attorney says I need all discovery requests for child support modification to be served on him, not ex?
Stephen's answer
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Answered on October 30, 2014
A party is represented by their attorney until a withdrawal is filed, a motion to be relieved is granted, or a substitution is made. If you have...
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