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Erin Patricia Farley

Erin Farley’s Answers

867 total

  • Does my son have to be present at mediation or court?

    Im a single mom, never been married and my ex filed for custody today. He wants 50/50 but my son just turned 10 months old and is solely breastfed. My ex is a flight risk which is what scares me most. He wants to take my son for one week and I hav...

    Erin’s Answer

    I understand that this is all probably very overwhelming and scary. First, do not bring your son to medaition - parental conflict and adult issues shuld be kept as far from him as possible. Second, I recommend you start educating yourself on the process. You can start here:; but if you are seriously concerned, you need the assistance (at least advice) of an attorney. You will need to understand the possible outcomes, understand the factual bases needed for what you want (and what dad wants), and you'll need to understand developmentally appropriate timeshares. At that point, you can craft a declaration in response to Dad's request that will speak to the court, and the mediator, about your son's best interests.

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  • Can she obtain a restraining order against me from seeing my grandchildren when my son allows me to see them?

    My son's ex wife wants to keep me from seeing my grandchildren because she is mad I called her father to get her to stop posting her new bf vulgar rants that were addressed to my family because she was upset with my son. I called because I was be...

    Erin’s Answer

    I agree with my collegaue - if there is shared custody, then these facts cannot keep you from seeing the children when they are with your son. I do not see facts indicating that she has any reason to modify your son's custodial time or to support a restraining order against you (this assumes, of course, there are not facts that you're not citing). I understand you were trying to help; but from here on out, better to just step back and allow your son to handle these issues.
    I am concerned about her posting negative comments about your family online. Your family is also her children's family - this is alienating behavior; and, in my opinion, a ploy for public sympathy. Your son can get an order that she stop posting anything about your son, you, or your family.

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  • Question on contempt of court and child almost 15 years old.

    My child is 14.5 years old he wants to spend the night with me on my days instead of going back to dads. I was in process of filing for custody modification but dad now filed for contempt because I let child stay and not go back with him. Dad text...

    Erin’s Answer


    You need to follow through with the request for order asking to modify the current custodial arrangement. Custodial time is like school - you wouldn't allow your son to miss school just because he wanted to stay home, right? Judges see custodial time in the same manner. I wish you luck.

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  • Is there an alternative to my situtation or what can I do to avoid living in my car?

    How does health insurance work with child support? The state is requiring that I get health insurance for my kids. After paying child support, I have only $1400 left over. If I get health insurance through my workplace, it is $500 a month. That le...

    Erin’s Answer

    Determine whether you could be eligible for Medi-Cal or Healthy Families.

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  • Is it allowable for me to not agree to enroll them in this school for next year under current restrictions?

    I'm in the process of a divorce and I have a somewhat urgent situation regarding my kids school enrollment/tuition for next year. We need to make a decision and sign a contract by next week (was due today, I asked school for extension). Fact...

    Erin’s Answer

    If you cannot agree on the school, and she is ushing for a move-away, consider a child custody evaluation as a resolution to the issues. A child custody evaluation is a process in which a mental health expert, usually a psychologist, evaluates your family and makes a recommendation to the court for a custody / visitation or parenting plan that is in your child's best interests.

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  • What form to use to file a schedule of Parenting availability or plan, with the court. law case. At the end of my court hearing the judge instructed me to submit my proposed dates for parenting, including holidays and my mid-week availability. However, I forgot to ask hm how to file it. Do I need to use a specific form? T...

    Erin’s Answer

    You can use the judicial council MC 030 form.
    The link to the form is here:

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  • Am I divorced?

    Am I divorced? Who needs to file next, or is the process done? I am the petitioner. Documents Filed (Filing dates listed in descending order): 10/29/2015 Proof of Service | 09/11/2015 Stipulation-Waive Service Dec Disc | 08/07/2015 Order...

    Erin’s Answer

    No. You are not divorced until a judgment packet is filed and returned to you with a court stamp and date of judgment. Go to the California court website for a step-by-step explanation and necessary forms. The site is here:
    If you have any difficulty, go to the Family Court Facilitator's office at your local courthouse for assistance. It is a free service.

    Good luck!

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  • Can I sue my dad for not giving child support?

    I am 17 years old and my dad has never given me or my brother any child support. My parents are in a joint-custody but he doesn't provide anything for me and my brother.

    Erin’s Answer

    I am sorry that you are in this situation, but I agree with my colleagues - it is your mother's right to receive support.

    If you know that Dad is not giving Mom support, then I am even more worrried that you have this information.

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  • Can someone please explain

    i went onto california courts website to pull up the papers i need to file for a restraining order, well our county is so backed up and cant get in to have someone help me files the papaers to keep my ex boyfriend away from me, i have to fill thes...

    Erin’s Answer

    I am assuming you have full custody by couort order and bf has no visitation. I am also assuming you do not want child support. If that's true, you fill out:
    2. Fill out your restraining order forms
    Fill out:

    Request for Domestic Violence Restraining Order (Form DV-100)
    Notice of Court Hearing (Form DV-109); and
    Temporary Restraining Order (CLETS — TRO) (Form DV-110).
    You may also need these forms if you need more space to describe why you need the restraining order:
    Description of Abuse (Form DV-101); or Additional Page (MC 020).

    You should explain to the court (in your paperwork) that you have one child and that you already have an order.

    You need to double-check your local court's website to see if they require any other forms. It does not look like they do. Also, For Domestic Violence, if you submit your papers before 10:00 a.m., the restraining order will be ready the same day between 3:30 p.m. and 4:00 p.m. If you submit them after 10:00 a.m., they won't be ready until the following day between 3:30 p.m. and 4:00 p.m. All forms must be neatly and legibly printed in blue or black ink or typed. Do not use lined or colored paper for any attachments you may want to make.
    If you get the restraining order, the sheriff will usually serve it to the boyfriend at no cost.

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  • How do I go about this? need my son back and I need my ex to pay for abusing me. Can this happen even though I ended up in jail?

    Me n my ex got in to it when he picked up my son. He ended up hitting me in the head with an object and leaving marks on my arm.he left the scene with my son. I called the cops he lied said I did stuff I didn't do I went to jail he took my son and...

    Erin’s Answer

    • Selected as best answer

    I am so sorry - the only advice you should be taking right now is to get an attorney IMMEDIATELY. You need a criminal defense attorney and you also need a family law attorney. As an aside, anything you post on the internet can be used against you; so please, do not take a chance with this and go get representation.

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