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Erin Patricia Farley

Erin Farley’s Answers

867 total


  • Can a judge legally tell me that I have to give my ex our kids l clothes and toys from my house that I purchased?

    I have clothes and toys for my kids that stay at my house. I don't want them to go to my ex wife's house because they would probably get broke or never come back. I also want my kids to have things at my house so they feel like it's their home too...

    Erin’s Answer

    Both parents have an obligation to provide appropriate clothes/toys at each home; that said, to whom do these toys and clothes belong? Your children own their belongings and should be able to take them back and forth if they so choose.

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  • Can I "fire" the professional visitation supervisor because she is going against what I feel is not safe?

    I have temporary sole physical and legal custody of my child obtained in ex parte hearing. My ex has court ordered supervised visitation. We have a hearing in about a month for final orders. We attended court ordered mediation, the mediator has re...

    Erin’s Answer

    It sounds like the current order allows the ex to drive. The visitation supervisor has to follow the order. A reccomendation is not yet the order; so unless there is an obvious imminent danger, the supervisor is a bit strapped. That does not mean the supervisor does not hear you or disregards your concerns.

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  • Ex husband hacked into phone paid and owned by me, but my son uses. Can he do that?

    Going thru custody issues, ex husband trying to use text messages from my son's phone

    Erin’s Answer

    I agree with Ms. Straus (I usually always do) - it looks like Dad just looked at your son's phone as opposed to hacking into it. I have seen this issue in past cases - Mom was trying to use texts messages between daughter and Dad as evidence against Dad and the Court was furious with Mom for breaching the confidence of the daughter; but more importantly, the daughter was furious with Mom for breaching her trust. Absent proof of outright abuse, It is just not a good idea to breach your child's privacy. Kids should be able to be kids. There is no specific privilege that applies to an exclusion of the evidence, it is just bad parenting.

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  • My husband took my kids and moved in with his Aunt and his new girlfriend ! They won't let me see my two boys! Help!?

    My husband cheated on me and now he moved out and took our two 11 & 12 year old boys ! I haven't seen them in two weeks ! Not even for Xmas! He's making up things about me like saying I'm on drugs and I'm cheating! I'm heart broken and don't know ...

    Erin’s Answer

    What you need is an immediate request for emergency order/order shortening time for a custody/visitation schedule. If there is any way to hire an attorney to help you, do it now. You need to act - the longer you sit on this, the worse it is.

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  • After missing mediation, in court can I ask the judge for a continuance so we can go to mediation?

    I am a single mother who was not married to my daughter father, we broke up and I moved to a different town and have my daughter full time. I filed a petition for sole custody of my daughter and scheduled a mediation date. I mixed up the dates of ...

    Erin’s Answer

    Unless the mediator received enough information from each of you at the separate dates, the mediation will likely be reset. Be ready to receive a possible sanction (ie, up here it is $150) for missing the mediation.

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  • What do i need to do meet my exes girlfriend since she is consistently around my children and now vacationing w them?

    My children's father and I have been separated (going through divorce) for a couple of years. He has been dating a girl for the same time duration and our children have been living with the both of them and her two children for the past year. I'v...

    Erin’s Answer

    Are you teling us that you do not know the address at which your children spend their time? You have a right to know where your children are living.
    I do not understand why Dad will not let you meet the girlfriend, especially as it sounds like she has been, and will be, around for some time. Have you requested some co-parent counseling with Dad?

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  • What can I do to get her the treatment she needs before the inevitable tragedy occurs?

    I have an adult daughter (28 yrs old) who has serious depression issues. I believe her to be a serious threat to her own, and possibly others, health. What can I possibly do to get her help? She refuses to seek counseling on her own.

    Erin’s Answer

    If you feel there is an imminent threat, call the police and request a 5150 evaluation.

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  • What would more then likely happen if I take him to court? What could I even take him to court for?

    I have full physical custody of my 3 year old daughter and 50/50 legal custody. Her father was ordered supervised visits, random monthly drug tests, and to pay child support. He hasn't done any of them in almost 2 years and I haven't even heard fr...

    Erin’s Answer

    You could get an order saying that when/if Dad shows again, he will paticpate in reunification counseling with your child. Or you just demand the drug test before a supervised visit occurs. But really, you are well-proected with the supervision order.

    Put your order of child support through Department of Child Support Servies (childsup.ca.gov), they will enforce it for free.

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  • What is my obligation in this situation? Could a state come after me to pay my ex more child support- in turn supporting him?

    I share a custody of our 11-year old son with my ex. He spends 50%of the time with me and the same with his dad. Per agreement, I pay $400 in child support. My ex is self-employed and his business never took off. Our divorce decree clearly state...

    Erin’s Answer

    Child support can be modified throughout your son's minority; so yes, the state could modify the amount - but it is not likely they will modify without a request from the ex. If a modification is filed, you will get notice and an opportunity to respond. Keep in mind that both parents have an obligation to support your son; therefore, if ex is not earning to his ability, he can be ordered to a DCSS job search (at least 5 applications per week & an obligation to accept reasonable offers of employment).

    The expenses you mention do not really come into play unless you can show that the ex cannot lease the 3-bedroom townhouse on the income he is claiming.

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  • Do I have to let my ex wife see our daughter?

    I divorced my ex wife in 2013, she was hooked on drugs and constantly getting arrested. My divorce went uncontested and my ex wife didn’t even bother to appear in court at all. She did not try to get any sort of custody of our now 8 year old daugh...

    Erin’s Answer

    Consider a reunification counseling requirement; not for your ex's sake, but for your daughter's.

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