Archived
My son in law says he will subpoena me to testify against my daughter in a custody /visitation battle , do I have to testify?
Bernie's answer
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Answered on May 25, 2014
Yes, if you are personally served with a subpoena by anyone other than you son in law or you happen to be in court and you are called to the stand.
Archived
My wife's attorney is constantly lying in court and in declarations. What can I do?
Bernie's answer
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Answered on May 25, 2014
None of the examples you cite rise to the level of a fraud on the court. If you have better examples of material misrepresentations a complaint to...
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Archived
Am I doing anything against our court order?
Bernie's answer
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Answered on May 24, 2014
A lawyer will have to review your order in order to give you an assessment of your options.
Archived
How should I handle miscalculated payments from a divorce settlement?
Bernie's answer
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Answered on May 24, 2014
A lawyer will have to review the terms of your judgment. I suggest you confer with one in your locale and then refer the matter to a lawyer in SC...
Archived
There is a visitation schedule but for this long weekend we changed it. But we fought and now the father wants to not honor it.
Bernie's answer
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Answered on May 24, 2014
Plan A is you make an agreement to vary from the court order in writing. Plan B is you follow the court order. Violation of a court order must be...
Archived
Can an Opposing Attorney serve by email a Domestic Violence ex parte TRO if the restrained party replies in any way?
Bernie's answer
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Answered on May 24, 2014
A DV restraining order requires personal service. The remainder of your questions require further information and analysis
Archived
I have a current order with my ex Joint and I am "Primary" I would like to move outside of Modesto for various reasons.
Bernie's answer
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Answered on July 14, 2013
I practice in Modesto. If you want to move the children from Modesto over the father's objection it will require hiring an attorney and paying for...
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Archived
How soon can i get custody of my son
Bernie's answer
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Answered on July 06, 2013
Ask for a court appointed attorney
Archived
How do I gain more custody? Children's mother refuses to care for kids and spends child support on 5 horses? help me- single dad
Bernie's answer
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Answered on June 27, 2013
The issues you present are complex and you will need to hire an attorney. You may contact me at 1-888-itsover or find another Certified Family Law...
Archived
What happens if the custodial parent dies where the child is living? Does the other parent have the right for 100% custody?
Bernie's answer
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Answered on June 27, 2013
Yes, unless the court sustains a guardianship petition filed by another interested party showing that the child will suffer detriment if left in...
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