Archived
How and when are monetary sanctions assigned/imposed by a judge in a divorce case? To whom are sanctions paid?
Isaac's answer
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Answered on January 03, 2014
There are quite a few statutes which provide for sanctions in a family law case. However, the most common section if Family Code Section 271 (if...
Archived
Can I still request visitation after being out of the picture for more than a year?
Isaac's answer
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Answered on January 03, 2014
Yes, you can absolutely ask for parenting time. You may have to go through reunification counseling first though. Also, you should talk to someone...
Archived
When there is a visitation court order already in place when can a child decide if they do or do not want to go with the parent?
Isaac's answer
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Answered on January 02, 2014
The Family Code states age 14 is when a child can address the court regarding his or her wishes, though a child younger than that won't necessarily...
Archived
How does the court decide who gets the marital home in a California divorce?
Isaac's answer
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Answered on January 02, 2014
No, it is not based upon who moves out of the home. Awarding a home to one spouse is based upon whether the court determines that the spouse can...
Archived
How to collect child support from a unemployed parent?
Isaac's answer
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Answered on January 02, 2014
You can file a Request for Order for a child support modification, and you can request that income be imputed to her based upon her ability to work...
Archived
Can Child support be doubled with only 5% raise ?
Isaac's answer
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Answered on December 22, 2013
We have some very good family law judges in Sacramento County, so I would be curious who your judge was. We will be getting some new judges in...
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Archived
How can I take my father's sons rights away or file for abandonment?
Isaac's answer
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Answered on May 21, 2013
I do a fair number of these cases. You have to file a petition to terminate his parental rights, and that is usually done as part of a step-parent...
Question with regards to deviating from the court ordered parenting plan.
Isaac's answer
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Answered on May 21, 2013
Yes, technically she will be in violation of the court order if she deviates from what the court order says. although she may claim there was an...
Archived
Should I file for a ex part hearing?
Isaac's answer
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Answered on May 21, 2013
I practice in Sacramento County. What department are you in? Ex parte hearings are generally for "emergencies," i.e., the child is at risk unless...
Archived
How to invoke privilege for negotiations via email with the other side's attorney? don't want info to end up in court?
Isaac's answer
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Answered on May 20, 2013
Yes, invoke Evidence Code section 1152 (offers of compromise are not admissible). You can do a motion in limine to exclude all such evidence...
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