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I was granted sole physical/legal custody of my child 8 years ago with visitation in reserve, can my ex get joint custody?
Richard's answer
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Answered on May 16, 2014
Yes, your ex can get an increased custodial time share if he shows the court that he has changed his life. But it will be a long time (several...
Archived
How do I protect myself after being falsely accused of domestic violence in the court?
Richard's answer
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Answered on May 12, 2014
1. Submit a written response -- on the proper Judicial Council form -- to the Court prior to the hearing, including your declaration under oath; 2....
50/50 custody - I need to move/work oversea
Richard's answer
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Answered on May 12, 2014
Absent an agreement with the other parent, the Court will look into your child's best interests (e.g., continuity at school, disrupted...
Archived
CAN JUDGE FORCE ALIMONY IF I HAVE PAID FOR HALF THE TIME OF MY MARRIAGE OF LESS THAN 10 YEARS?
Richard's answer
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Answered on May 12, 2014
Yes, absent language in the judgment that divests the Court of jurisdiction, the Court may require you to continue to pay alimony. Review your...
Archived
Who to serve if child custody case was resolved 5 years ago, other parent or other's parents old attorney?
Richard's answer
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Answered on May 12, 2014
Serve the other party directly, and do so with a licensed process server. - www.richarddwyer.com
Archived
Can full custody be taken away from the Mother to be split between the Father and Grandparent (3 ways)?
Richard's answer
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Answered on September 26, 2013
It will depend on the best interests of the child. It is highly unlikely that the custody will be split evenly three ways since the grandparent...
Archived
Can I get sole custody physically and legally of my child if the mother doesn't show up to court and I care for the child?
Richard's answer
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Answered on September 26, 2013
You need the evidence - medical records, police reports, eyewitness statements, etc. The law presumes that kids are better off with frequent and...
Archived
Do I need to submit evidence for a California domestic restraining order case before the hearing, or can I bring it the day of?
Richard's answer
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Answered on May 13, 2013
You can bring them the day of the hearing. But the evidence will be more powerful if you submit a trial brief beforehand that references it, and...
Archived
I have 3 children and my ex-wife is trying to move my children from california to chicago. What is my best way to stop this?
Richard's answer
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Answered on May 13, 2013
Your wife needs Court approval for the move. File an ex parte application for an order preventing the move until the parties attempt to mediate...
Archived
In starting over in divorce, will property already appraised have to be reappraised and could spousal support be restarted?
Richard's answer
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Answered on April 19, 2013
You can file a motion to enforce the settlement and can use the Court transcript as evidence. Should your spouse argue that it is not a binding...