I have a denied restraining order until the hearing. Will the judge hear me if I can't serve the other party?
Gary's answer
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Answered on October 13, 2017
If you cannot get the RO served you still need to attend the hearing, at that time you can request more time to serve her. If you do not attend...
Archived
Child Custody Hearing-provide more information to the judge?
Gary's answer
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Answered on October 04, 2017
You need to file a Responsive Declaration giving the Judge your reasons the request to change the current orders should be denied. The Judge does...
Am I entitled to half of my husbands retirement in California?
Gary's answer
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Answered on October 03, 2017
The community property interest in the annuity and retirement will be divided. Spousal support has two steps, temporary support while the...
Archived
I have joint custody with my son's father and we have a visitation schedule. Now My son's father is telling me he can take him ?
Gary's answer
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Answered on September 05, 2017
If the visitation schedule is a Court order, that is what needs to be followed absent agreement. Taking a child at a time that is not in...
Letters of Admin vs. Administer Estate?
Gary's answer
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Answered on August 17, 2017
There is only one petition to administer an estate. Obtaining IAEA powers allows the Administrator to accomplish certain tasks without having to...
Archived
How can I overturn a restraining order?
Gary's answer
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Answered on July 28, 2017
You need to understand that only you can violate the restraining order and violation of a restraining order is a criminal offense. Also there can...
Archived
Can I serve my sons bio dad with the adoption paperwork over Facebook Messenger?
Gary's answer
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Answered on July 13, 2017
You can check the California Code of Civil Procedure, but I do not think that a Facebook message is an approved method for service of legal documents.
Can I evict my ex from the house we share title with but is solely financed in my name only?
Gary's answer
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Answered on June 28, 2017
You cannot evict an owner, as he is not a tenant. You can go to family court and seek to enforce your agreement that the home be listed for sale...
Does estate qualify for small estate affidavit or simplified procedures?
Gary's answer
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Answered on June 26, 2017
Consulting with a family law and probate attorneys, or one knowledgeable in both areas, will be helpful.
Archived
Can ex-spouse petition for probate administrator with minor child involved?
Gary's answer
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Answered on June 20, 2017
The surviving parent is presumptively entitled to custody of the minor child. Custody of children is not something that can be transferred by will...
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