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Can my spouse give me permission to move me and my children out of state if I dont have custody and she says its ok?
David's answer
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Answered on April 12, 2016
You don't need a court order to do this, if you have her written permission, but I would highly recommend that you DO go through the extra effort...
Archived
Can I request a judgment of nullity through an RFO with a fl-300 on the law and motion calendar, the issue will be 15 minutes?
David's answer
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Answered on April 12, 2016
Hopefully, you've filed your Response (FL-120) and checked the box indicating that you want a Nullity. If you haven't, then you need to file an...
Archived
Can she take him out of Santa Clara County? I'm afraid that her husband will be on this trip and I have no way of knowing.
David's answer
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Answered on April 10, 2016
If it's her custodial time, she has the right to travel. She also has to abide by court orders. Uncomfortable as it may be, for you, you would have...
Archived
Does the mother have the right to object trip if father is not traveling with the minor?
David's answer
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Answered on April 09, 2016
Every case is unique. There are so many variables that it is impossible to give you a proper answer. An attorney would have to look at the current...
Archived
What can I do if the non custodial parent doesn't pick up children on his scheduled day?
David's answer
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Answered on April 09, 2016
I second everything Mr. Hornibrook has said.
Another concern is how the kids take this. It is likely disappointing for them. Make sure not to...
Archived
Reissuance of order to show cause
David's answer
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Answered on April 07, 2016
The only hard rule that I am aware of in this regard is that the respondent will be granted their first continuance in order to find...
Is it possible to subpoena a work schedule from my opposing party by myself or do I need a lawyer??
David's answer
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Answered on April 06, 2016
You will need an attorney to issue subpoenas, which they can do as officers of the court.
That, or you could hire a copy service. Some of them...
Archived
How would the court determine her income of she lies again? Would his income come into play now that they're married?
David's answer
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Answered on April 06, 2016
There are several ways that you can help the court determine her actual income. In fact, if you can find the evidence, you could possibly convince...
Archived
DV case going to trial and I the victim do not want to testify but I want him to go to jail for what he did.
David's answer
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Answered on April 03, 2016
PLEASE talk to the prosecuting attorney, or to their victim advocate!
Your Defendant has tried to suborn your testimony, which is just adding...
Archived
Divorce with Agreement - How can I bifurcate marital status dissolution to qualify for employer-based health insurance?
David's answer
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Answered on April 03, 2016
You are on the right track. Consider having an attorney, or someone from the self-help center at court, review the documents with you before...
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