Archived
What if the mother of the father is fighting for visitation but my son does not know her and she's lying in mediation?
David's answer
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Answered on July 11, 2013
a) If dad is in jail, do you therefore have sole custody?
b) If the parent with sole custody objects to grandparent visitation, then the...
Archived
Are there possible repercussions for one parent making sole legal decisions regarding child's health without notifying other?
David's answer
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Answered on July 11, 2013
I would imagine that the judge will not look favorably on this behavior, especially in light of the prior warning.
The judge cannot make...
Archived
I'm unemployed. I wont get pay till 45 days from know but I want to get divorced. Can my fee be waived? Sta Clara, CA
David's answer
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Answered on July 10, 2013
File a Request for Fee Waiver and submit a proposed Order for Fee Waiver along with it. See what the court says.
These are Judicial Counsel...
Archived
Is it possible to stay with my husband when a case for property division going on in the family court?
David's answer
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Answered on July 10, 2013
Since he doesn't agree to give you 50% of the community property, I hope you are looking for assistance in this matter.
Archived
In CA can a father deny the mother (my gf) from me watching her while she is away at work?
David's answer
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Answered on July 09, 2013
This depends upon what the court orders or agreements say.
Some people demand a "right of first refusal" which basically says that they should...
Archived
I reconciled with my ex. who owes child support arrears on our children, can we ask the ccs for an audit ?
David's answer
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Answered on July 09, 2013
How long have you been reconciled?
Ask for an audit by filing a Request for Orders, requesting an accounting. Be sure to indicate the months...
Archived
Married 12 years. separated for 2 years. we agree to divorce. no children. how long to pay spousal support?
David's answer
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Answered on July 09, 2013
Deciding on permanent spousal support (amount or duration) can be a tough question. The analysis involves looking at the marital standard of...
Archived
How do I get a judge to change a custody order based on the fact my ex lied to get a false restraining order?
David's answer
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Answered on July 09, 2013
You do not say, but it sounds like you are in the post-DVRO phase, and that you have either gone to mediation or still need to go to mediation. If...
Archived
When the party is self represented, can the court award attorney fee for consultation with an attorney who is not on record?
David's answer
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Answered on July 09, 2013
There is no definitive law on this, but I believe that you could make a pitch that you need to consult with counsel, but not retain them.
So,...
Archived
CA Divorce: Is a retirement account's value reduced by 43% (33% taxes + 10% penalty) for property division considerations?
David's answer
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Answered on July 08, 2013
The most common way to divide a 401(k) account is to divide it by pre-tax dollar value.
For one thing, the parties do NOT need to cash the...
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