Archived
Step dad divorced mom after she became brain damaged and kept all assets for himself. What can be done?
Emily's answer
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Answered on May 13, 2013
I agree that you should obtain a conservatorship for your mother and then file to have the judgment set aside based on fraud. You will definitely...
Archived
Is growing recreational marijuana (without a medical card) a significant red flag in a custody matter these days?
Emily's answer
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Answered on May 12, 2013
It might have an impact but before you raise it be prepared to explain how you know what MJ looks like, how you think his having it is a danger to...
Archived
Is there a "common Law Marriage" in California?
Emily's answer
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Answered on May 11, 2013
No, California does not have common-law marriage. You can, however, file a paternity action against him to establish that he is the father of your...
Archived
How do I get a speedy divorce yet bifurcate the property settlement and alimony to another time.
Emily's answer
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Answered on May 11, 2013
Under certain circumstances you can bifurcate the status of marrige and get a divorce. There are some special rules for this procedure so you...
Archived
I was wondering, if in California, can a father request to terminate his parental rights with no just cause?
Emily's answer
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Answered on May 11, 2013
A father cannot avoid paying child support simply by refusing to acknowledge the child is his. If he is in fact, the father you can get a child...
Archived
Can my kids age 13 and 12 have their bed in my room
Emily's answer
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Answered on May 11, 2013
There is no statute or case that prohibits it but there are many other factors you should take into consideration. It may not be developmentally...
Archived
How long and how much will I need to go to court for modification of custody.
Emily's answer
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Answered on May 09, 2013
You need to speak with an experienced attorney to discuss this in person. To get a change of custody you need to show a change in circumstances and...
Archived
Will I get served again after petitioner filed an amended proof of service?
Emily's answer
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Answered on May 09, 2013
I agree with the other answers and I would urge you to consult an attorney right away if you want a chance to respond. If your husband has an...
Archived
Can my daughter get a restraining order for sending her a letter? Would a restraining order show up on a work background check?
Emily's answer
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Answered on May 09, 2013
It is highly unlikely that a judge would issue a restraining order against you for writing one polite note or making a call. However, if she is...
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Archived
Will a non-custodial stepparent be liable for child support payments?
Emily's answer
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Answered on May 09, 2013
The short answer is no, however as with most things in family law, it is not quite that simple. If the court is recalculating your support...
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