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Erin Patricia Farley

Erin Farley’s Answers

867 total


  • A family member is suing me for attorney fees. Do I have to spend the $ on air fare/hotel and fight this in court?

    The family member won conservatorship of our mom, and against my mom's wishes. Since my mom has dementia, she couldn't fight this herself, and my sibling was granted conservatorship. That was a year ago. Now my sibling wants $6K in attorney fee...

    Erin’s Answer

    • Selected as best answer

    I have changed the practice area of your question. This is not my area; but you should respond to the request and file a request for a telephonic appearance - family law actions use different forms, so you'll need a probate expert to tell you the process in that area of law.

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  • Should I take my child's father to court?

    I recently found out my child's father was clocked in and working at 7/11 convenience during his 4 hour visitation with daughter. He admitted to it being only 5 minutes over text but I was told it was longer. I was also told that he admitted to be...

    Erin’s Answer

    This is such a tough situation, and I am sorry. There are not really any "shoulds" here - you are the only one who can decide whether or not you need to take Dad to court or whether you can work out an agreement that he reschedule his visit if he has to work, and he be kind to your child. Parental conflict is not good for your daughter and court just escalates conflict; at the same time, you have an obligation to assure she is safe. Has your daughter given any indication of fear or overcompliance with Dad? What does your gut tell you?

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  • Can a parent, who has 30% of visitation, claim their child on their taxes if the other parent isn't employed?

    Father recently found out he was a father to a three year old. The mother's parent's have always claimed the child on their taxes and have them on their medical insurance. During custody hearing mother claimed she was unemployed and had no financi...

    Erin’s Answer

    The IRS regs give the exemption to the parent with 50% or more of the custodial time. If Mom agrees you can take the exemption, then have her sign the form 8332. If mom does not agree, then you would have to attempt to get an order for the exemption. This is a child support issue.

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  • Do I need to file a declaration when filing a letter from my daughters counselor?

    My daughters counselor has written a letter stating that she doesn't think her fathers home is suitable for her. I have already filed an opposition so to add this letter would I need to file a declaration? Also would this need to be served? Or can...

    Erin’s Answer

    Attach her declaration to this form:http://www.courts.ca.gov/documents/mc030.pdf, and have her sign the penalty of perjury statement.. Serve it, file it. Have the Family Law Facilitator help you if you need it.

    As my colleague stated, you are wandering into a tricky area. Does the counselor know Dad? Is the counselor divulging privileged information without the consent of both parents? Is two-parent consent even needed? If dad is represented, you will get an objection to this evidence - so be prepared for the objection.. Good Luck.

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  • I want to move 10 miles away but my ex-wife will not let me.

    The mediator recommended that neither party be allowed to change their residence by 15 miles or out of Sacramento County. I need to move as rent is going up. I want to move in with a family member (to save money) that lives 15 miles away and is ju...

    Erin’s Answer

    Move-away issues are complicated, evidentiary hearings are complicated - please hire an attorney. OR - see if your wife would consider a child custody evaluation or brief focused assessment on the issue of a move-away. Avoid trial.

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  • Can domestic violence be used against my wife in a Legal Separation case in anyway?

    Property, child custody, is it valid for any purpose or if I decide later to fully divorce her is DV valid in the case?

    Erin’s Answer

    Here is the thing about a valid DV claim: you are either in fear or you are not. If you are truly in fear, you do not worry whether incidents of DV can manipulate the system. You could end up hurting your case if you use this claim unreasonably.

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  • California Adoptions

    Mother of child is victim of domestic violence with father of child (very documented history, 5 year restraining order etc). Father is serving time in state prison for DV but will potentially be released in about two years. Child has two older sib...

    Erin’s Answer

    You absolutely need an attorney in this case. If Father has threatened to come after Mother upon release: "Father has made it very clear he's coming after mom upon release" - then law enforcement MUST be made aware of those facts. With a proper showing, Mother can be granted full custody and take the child with her. You need an attorney to determine whether the facts are enough for that scenario, or whether a guardianship might be better. I do not see an adoption here - but again, I do not have all the facts. Please - do NOT do this alone. These people need to be kept safe - and no amount of money is too much for that to happen.

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  • At what age can a child chose which parent they want to live with?

    I'm 16 and my parents are getting a divorce. I am not close to my dad but he is seeking full custody to get back at my mom. Do I have a voice in this? He has a lawyer working for him, and she doesn't, so I'm worried that I'm going to be stuck l...

    Erin’s Answer

    You are old enough to have a voice - and your opinion matters (though, again, it is not the only or final issue considered). I am really worried that you are being involved in this - ideally, your parents would come to agreement without anyone including you or giving you their opinions or interpretation. I know you are older, and you sound very bright, but this is still a time in your life that should be about you and your life - not a time wherein you should be worrying about where you will live or with whom. It is a tough burden for you to bear, and I am sorry. Is there a school counselor or someone with whom you can speak about this? Could your parents get you a therapist with whom you can speak privately? Parents can act funny when they are hurt or going through a big change like divorce - take what is said with a grain of salt and trust your own feelings. It sounds like you are loved by both of your parents. If needed, write them both a letter and tell them to stop including you. Good luck to you.

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  • Is a minute order appealable. If not, what do I do to get the court to finish what it left unattended?

    I have an appealable order: It's actually a botched remittitur Nunc Pro Tunc Order filed by the trial court. I have until Nov. 7 to file a notice of appeal. However, and here is the question: I filed a motion to modify that order, and a hearin...

    Erin’s Answer

    Even experienced family law attorneys get help with issues such as these; really, this is an area where representation is necessary (and will save you so much headache).

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  • Temporary Orders

    My ex husband has been given temporary sole legal custody of our 4 youngest. He has removed me from the kids school and medical records. Is this legal? What can I do to get this corrected.

    Erin’s Answer

    Go to the courthouse immediately and check the file. You should have been served with the emergency request for custody and been given a chance to respond (through only wihin 24-48 hours). If you were not served, or there are other new facts, you could request a set aside. You should also have also been given a mediation date and a court date - that would be listed on the paperwork served you.
    You need to hire an attorney. And whatever allegations dad has made - address them and fix the problem.

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