Archived
What do I do to move out of the state of California with my children when I have sole physical and legal custody?
Thomas's answer
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Answered on March 16, 2012
Given you have sole legal and physical custody, and no orders stop you from moving the kids outy of state you could just move. But I wouldn't. ...
Archived
Is proof of exposure to illegal drugs constitute an emergency enough for an ex-parte motion?
Thomas's answer
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Answered on March 16, 2012
I agree you should call police and CPS - and try to get the names of persons you speak to as it will help you document your case. Then pay an...
Archived
What is considered if I petition to move out of state, closer to my family?
Thomas's answer
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Answered on March 16, 2012
All the above answers list factors a court may consider in move away cases.
BUT the legal analysis - the law the judge will follow when deciding...
Archived
Can I move to a different state with my two kids?
Thomas's answer
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Answered on March 12, 2012
Don't do it.
Only judge's can make or change orders. You and your husband are NO judges so you cannot make orders. You violate a judge's...
Archived
Is there a period of time you have to wait before you can go back to court on child custody cases?
Thomas's answer
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Answered on March 12, 2012
Sacramento DOES have a rough guideline that parties should not request mediation more often than every 6 months.
BUT if you have a cognizable...
Archived
How do I figure out how much our share is on our tax return and also how can I get my share from my husband?
Thomas's answer
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Answered on March 12, 2012
If it is a significant amoung of money and he refuses to split it with you then you must litigate the division of the tax return in court, as part...
Archived
My sons mother wants more child support from me but she doesn't let me see my son.
Thomas's answer
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Answered on March 12, 2012
Something has gone wrong if, after 6 months, you do not have a court date. You need to see an attorney and find out what has gone wrong. The...
Can a non custodial parent give up his scheduled visitation due to not wanting to see the kids anymore?
Thomas's answer
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Answered on March 12, 2012
If he will agree to sign a stipulation, and have the stip notarized - a proper stip drafted by an attorney (you cannot do this yourself) - giving...
Archived
Can I modify or terminate alimony payment?
Thomas's answer
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Answered on March 12, 2012
You may request a modification. The judge has pretty much total discretion whether or not to grant your modification request. The judge's...
Archived
Where, How to enforce Federal contract Affidavit of Support I-864 family based, legally binding in a new dissolution trial
Thomas's answer
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Answered on March 12, 2012
I have done affidavit of support enforecement.
Thomas Neil is a Sacramento attorney, representing clients in court in Sacramento and in...
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