How can I contest FCS recommendation? I want to see my kids more often than just 25%. FCS says kids are ok w/ current schedule.
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Answered on June 12, 2014
The court is not required to adopt the mediator's recommendations. You can provide additional evidence to the court, such as a declaration from...
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Should my husband be included (as petitioner or sign under consent to termination and waiver of service), or ...
Brenda's answer
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Answered on June 11, 2014
So long as the court is aware that he is consenting to the termination, it shouldn't matter if he is identified as the Petitioner or merely a...
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My husband and I are getting a divorce
Brenda's answer
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Answered on June 11, 2014
I get this question a lot. Until you have temporary custody and parenting orders in place, in the eyes of the law each parent has equal rights to...
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How do I and should I obtain Legal Guardian Paperwork for my 8 year old Great Niece while her dad is incarcerated?
Brenda's answer
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Answered on June 11, 2014
You should immediately file for temporary and general guardianship. You can obtain the forms here: http://www.courts.ca.gov/forms.htm?filter=GC ,...
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Child Custody Mediation
Brenda's answer
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Answered on June 11, 2014
The short answer is that yes, you can file a declaration with supporting exhibits prior to mediation and serve a copy on the opposing party. You...
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Per contract law, should'nt the contract of home mortgage signing be binding on both husband and wife, even after a divorce ?
Brenda's answer
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Answered on June 10, 2014
Your original contract obligated you both equally to both loans, and Wife should have negotiated a loan modification or refinance to remove her...
If my spouse dies can I be given any visitation or custody of my step child?
Brenda's answer
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Answered on June 09, 2014
See Family Code 3101(a): "Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by...
Authority for using the Dissomaster overtime table instead of the annual bonus table for determining Ostler Smith support?
Brenda's answer
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Answered on June 09, 2014
It is unclear whether your concern lies in the fact that the bonuses are paid at a higher rate - comparable to overtime. The situation with...
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Does NY State courts use gross or net income in the computation of child support?
Brenda's answer
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Answered on June 06, 2014
I am not overly familiar with NY child support laws, but it is my understanding that they apply their own legal guideline once your gross income is...
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Can they tell me no to having my family present on my birthday with my daughter in a public place?
Brenda's answer
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Answered on June 06, 2014
This question is difficult to answer without reviewing your orders. If you have enough time, you should ask the court for ex parte orders...
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