Can My minor son's father take, sell or affect property that belongs only to my son (in his name)?:
We are in California. I'm in a financially abusive marriage, where my husband takes any all property and income for himself and does whatever he pleases with it. We are still legally married under California law and live in the same home currently. We have a 7-year-old child.
Is there a way I can give property to my minor child without his father being able to take it? I own a mobile home on a small piece of land (in my name only), that I want to belong to my son for his future; and I DON'T want his father to be able to take it away or sell it out from under my child.
Can I give my boy the property and have a custodian assigned to it that is not involved in our marriage (like a third party)? Is there a way to guarantee that NOBODY, even me or his father, can touch my son's belongings until he's 18? I want nobody to be able to sell my son's property against his will.
Paul’s answer: To add to the previous answer, the ability to change the character of any property or change title (transfer into trust) will depend on the current character of the property. While you may hold title in your name only, that is does not necessarily mean the property is your separate property. If the property is community in nature (this will depend on when and how it was acquired), you may not dispose of it as easily as property that is legally your sole and separate property.
My ex-husband filled for divorce again:
Hello,
My ex-husband first filed for divorce in 2015 and he disappeared after it, The court tried to find him several times and the whole divorce took 3 years because of it. The divorce was finally finalized in 2018.
Now, last week I got served divorce papers because he filed for divorce again in a different court. How should I answer the new divorce summons fl120 and explain to the new court that we already have been divorced since 2018?
Paul’s answer: I concur with the previous answers with the addition of, do not respond with the FL-120, as this will make things more difficult to unwind. A motion to quash is something different than a legal "Response" to a Petition.
Can I send interrogatories or request for production to my ex in a custody matter before I file a new request for order?:
I plan to go back to file for a custody modification based on recent behavior of my ex, his previous lies, and changes in our lives. Before I hire attorney for the hearing, I'd like to start discovery before I file request for order, so he either provides some answers before RFO hearing. Or maybe he doesn't and just ignores it, like before. Am I allowed to do this?
Our custody case is "open" per se, because it doesn't close until 18 or 19 years old, and our kids are 12 & under. Please help with your expertise
Paul’s answer:
There is some information missing but I will try to cover all of the bases. If this is pre-judgment, discovery remains open and you may propound both interrogatories and request for production up to 30-days before trial date.*
If post judgment, discovery closed when judgment was entered (there are exceptions) but is reopened upon the filing of an RFO. Your ex will have no obligation to respond until an RFO is filed. Once filed, discovery reopens as to the issues in the RFO.
Procedurally, you set a hearing date advanced enough for you to serve the discovery, get a response, review that response, and time enough to file any discovery motions (e.g. RFO to compel either responses, or further responses if hers are not adequate)
Generally, you may ask for a continuance of the original RFO if there are discovery issues. * Some jurisdictions, judges, completely ignore statutory cut offs for discovery and discovery motions.
Good Luck