He tried to kill my daughter and make her miscarry
If your daughter reported those things to the police, and the police found evidence to bring criminal charges for those actions or he has already been convicted of those things, then your daughter can write, file, and properly serve a Request for Restraining Orders hearing for custody, and she will probably get sole custody. But if your daughter DIDN'T make those accusations to the police, or she made the accusation but police DIDN'T file charges for lack of evidence, then at court it will be your daughter's word against the father's words re what actually happened. Father will not come into court and say, "Yes Judge, I attempted murder and miscarriage," and will deny her accusation. In that case, the accuser (your daughter) has the "burden of proof," to show evidence that father attempted murder and/or attempted to cause the miscarriage. "Evidence" your daughter might show at court could be witnesses who actually saw or heard the attempted crimes, police reports about what happened or other evidence.
If father denies doing the crimes and your daughter CANNOT provide some evidence of the alleged crimes, then she probably will lose at her Request for Restraining Orders hearing.See question
I was prosecuted for a 273.6 restraining order violation by the District Attorney's office. She dismissed my case. My ex is now prosecuting me for a restraining order violation in family law. Now, it is for the same date and occurrence. Isn't ...
Yes, you may be prosecuted under both laws.See question
I have recently asked for a modification of child support for my sons father who has never had anything to do with him since he was born. The current child support is set at 525 based on his previous income of 2600$/month. He is up to date on paym...
Read you current order very carefully. See if there is any verbiage ordering each party to promptly notify the other party or DCSS of any changes to their income and, if so, if the verbiage says anything about there being a retroactive recalculation in that case.See question
We have multiple years of litigation, 6 different attorney she has retained and over 5 years of income and expense declaration that she stated she makes $4K a month but refused to produce discovery in order to collect as much child support as she ...
You can ask the court to recalculate support retroactively to the date she gave incorrect information. Make it easy for the judge: Take the Dissomaster program printout that went with the calculation back then and change the amount entered from her income and recalculate support on Dissomaster with that corrected so you can tell the judge what support should have been. Then do a spreadsheet showing, month by month, what amount you should have paid each month and what you actually paid. Hopefully you have not gone into arrears over the period since that might involve having to back out interest on arrears you have paid. Ask for attorney's fees and costs and the costs of your accountant.
A problem you may face: At a regular short 30 minutes hearing you can bring in letters and calculations from the accountant if the letters contain verbiage above the accountant's signature saying “I declare the above to true under penalty of perjury.” But, if wife asks for a trial then live witnesses who can be cross examined are required. The court, in a trial, will not accept letters or prepared documents which can't be questioned (because, they are just non-responsive pieces of paper). In that case you would have to bring in your accountant and pay him to testify which could be expensive. However, if you won the trial the judge would probably also order wife to reimburse you for the accountant's fees for testifying at trial.See question
The current custody order says that when the child expresses a desire to go to California with his father from Arizona that both parents should make it happen I have video recorded my son saying that he wants to go to California with me after he h...
This is not a situation where an emergency hearing is applicable. No harm comes to the child if you must wait two months for mediation and for a regular hearing. Emergency hearings are used when there is a possible “blood on the ground" type situation. If you bring it as an emergency hearing, a judge would likely just reset it as a regular hearing about two months out.
I also agree with my colleague: Recording someone without you first saying in the recording that you are recording them is a crime and, by law, a court cannot use the recording. Just tell the judge that your child says he wants to see you.See question
Their mom cannot hold down a job, she has been evicted from her house, and the kids school is providing her with a truancy letter because my daughter misses so much school when she is with her mom.
Your question does not say if mom and your child are on the street because of the eviction. If so, notify CPS. If not, draft, file, and properly serve on mom the papers for a "Request for Orders" hearing asking for custody.
IF your children are in some REAL and IMMEDIATE danger - I mean like blood on the street type danger - then you can bring the hearing "ex parte" meaning with shortened notice to mom. Do NOT bring you hearing ex parte if the children do have a roof over their head and no immediate blood on street serious type danger, because judges get mad if you do it with reduced notice to mom without such an emergency. In your papers state - if it is true - that mom is homeless and request that mom provide the court proof of a home by a lease or deed to wherever she is living at that gives her a legal right to stay there. Merely floating from one friend’s home to another is no enough for her to show. The court will want her to prove she has a stable residence.
Attach to your papers any notices from the school about the children’s truancy. Request join legal custody and sole physical custody to you, and a mediated parenting plan. I cannot guess if the court will grant your request because I do not know if there is anything in you background making you unfit to parent, how much time you have been spending with the child, what your residence is like and who lives there, your work schedule and who could care for the children while you work, and where you and mom each live. If possible, consult with an experienced family lawyer who can ask those, and other questions, and help you write the best Request for Orders papers. You can then appear by yourself if you can’t afford to have the attorney also come to court with you.See question
My step daughter is 8 years old. we have 50/50 custody with her bio mom. My step daughter has recently been diagnosed with oppositional defiant disorder. Her bio-mom cant handle her and always had my husband or i come pick her up. Bio-mom emot...
(1) Saying things like Bio mom"emotionally neglects and abuses" our daughter and "bio mom can handle her," are mere words and conclusions. They are NOT actionable statements of exactly HOW mom neglects / abuses or can't handle the child. CCWs and Judges cannot act on mere conclusions. Your use of conclusions may be part the reason you are failing with the CCWs and in court. Or, you may not actually have any actionable facts - WITH PROOF - to give to the CCWs or judge in which case there will be no changes to custody. CEASE SPEAKING IN CONCLUSIONS and supply facts about exactly HOW bio mom neglects and abuses and can't handle the child. If you HAVE stated your actual facts to the CCW and CCW judge and the judge has ruled against you, then you lose on those facts. In that case, don't keep trying to go to the CCW or judge on the same facts because it may make the judge think you can't take "no," from a judge for an answer and upset the judge. It would be useful for you to consult with an attorney who can ask you questions and then may be able to tell you if have actionable facts and suggest how to prove you facts.
(2) Don't speak of "my daughter." It is your husband’s and bio mom's daughter. If you speak that way in mediation or court, it would likely upset a judge because it can cause confusion in the child as to whom her mom is.
(3) Since you speak in conclusions without stating facts, attorneys on AVVO can't say if you can bring a restraining order. BUT, without having heard the facts, restraining orders are generally not used for claims about a mom being unable to handle the child or neglecting the child. The proper process for showing mom can't handle a child is normally a "Request for Order" hearing - supported by actionable facts, and proof of those facts that you are asserting.
My daughter, in CA, wants to change attorneys and her current one won't give her file to her. She doesn't have a new attorney yet. Attorney is saying she has to sign a form, Sub of Attorney, stating he is no longer her Attorney of Record first b...
Your daughter would be FOOLISH not to sign the Substitution of Attorney form. If she does NOT sign it, then her attorney must continue representing her until the attorney arranges a court hearing asking to be relieved as attorney. The judge WILL release her attorney at that hearing from having to represent your daughter. BUT until that hearing, her attorney - acting WITHOUT the file - may have a tough time representing your daughter - which could result in your daughter losing valuable legal rights. And your daughter, not the attorney, will be the cause of that problem. AND your daughter will look stupid in court - both to the opposing party and to the judge - when her attorney explains to the judge that your daughter took the file yet forces the attorney to continue representing her by not signing the Substitution of Attorney.
Just sign the Substitution of Attorney and get back your file.See question
I am the non custodial parent, the custodial parent requested a child support modification. DCSS wants to revert back to me making the same payments as when I had 20% custody and the same order child support order from 2012. I now have 50/50 join...
Child support is CALCULATED based on three inputs: Your NET income, her NET income, and the amount of time each parent has with the child. A program CALCULATES the child support amount. To find out what each parties after tax net income - before tax time - the judge inputs each parties average monthly GROSS income, how many tax exemptions each party has, and each parties property tax, interest, and deferred compensation deductions and health care cost deductions. Then the program figures out what your after taxes would be based on all that information. Then the program CALCULATES your child support based on your respective net income. In other words, the program inputs both of your gross incomes, then acts as a Turbo Tax and figures what both of your taxes should be, and then CALCULATES your support based on both of your after tax net incomes.
I emphasized above that child support is CALCULATED. Judges DON'T have discretion to just pick a child support number the judge thinks is right. Judges MUST use the program and order whatever child support amount the program CALCULATES.
DCSS does NOT set child support. The judge orders whatever support amount the program CALCULATES. HOWEVER the numbers (net incomes and timeshare) that the judge inputs to the program normally are given to the judge by DCSS. So make sure the numbers the judge gets are correct. If DCSS won't give you those numbers or won't explain how they got the numbers, then politely ask the judge to explain where those numbers came from.
If you want to play around with the program that calculates child support, to see how it works, you can use the program - for free - here: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator.
WHY DOES DCSS SAY YOUR SUPPORT GOING UP? Four likely possibilities:
(1) Wrong numbers are being input into the child support program. Before the hearing, ask DCSS what numbers are they giving the judge. ONE BY ONE check that the numbers are correct: How many kids? What is your timeshare with the child? How many tax exemptions do you each have, your and her gross incomes, each of your property tax and interest and deferred compensation deductions (deferred comp is 401Ks or IRAs) and each of your health care deductions? Make sure all those input numbers are correct otherwise the program will CALCULATE the wrong child support number.
(2) Child support is not CALCULATED on timeshare alone. Your respective net incomes are also part of the calculation: If your net income increased since your last support hearing in 2012, or if mom's net income decreased since 2012, then your support amount might go up despite your increased timeshare.
(3) If mom received welfare for your child from the county, then the County (through DCSS) may be trying to get repayment - from you - for supporting your child. The county may be able to do that.
(4) If you didn't pay some child support payments, DCSS may be tacking on “arrears payments” to your basic child support. This is legal and normal.See question
Would a criminal or a family law attorney be best?
This is a "quasi criminal case" meaning that, like any criminal case, you could go to jail if found guilty. Seek a local attorney who does BOTH criminal and family law cases and who HAS done at least 5 or 10 CRIMINAL trials . If you can't find an attorney who does both (you should be able too, I do) then a criminal attorney would be better. If you do not have sufficient income to hire a criminal defense attorney then ask the court to provide you one.See question