Archived
I am married from the past10 years and migrated USA in 2009.i received Green card this year if divorce what will be my status?
David's answer
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Answered on September 04, 2012
I will open by saying that I do NOT practice in the area of immigration law. But it is my experience that there are often (usually? always?) ...
Archived
My childs father put a restraining order on me the other day, how likely is this going to be granted by a judge?
David's answer
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Answered on August 30, 2012
A couple of points:
a. He has not had contact for three years, presumably by his own choice. You only recently got orders for sole custody. He...
Settlement Officer's conference and Settlement agreement
David's answer
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Answered on August 29, 2012
There is some small advantage to having an agreement at the SOC, since the Settlement Officer is a judge pro tem and can sign it for you, thereby...
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Ex has primary custody of kids, but "relinquished temporary custody" to me. Can she take that back whenever she wants?
David's answer
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Answered on August 29, 2012
I agree with all points raised so far. If I were you I would not feel "safe" until I had a court order for custody in hand. On the other hand, if...
Archived
I submitted an objection of intended decision of statement last Thursday. Sunnyvale family court clerk only took first 10 pages
David's answer
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Answered on August 28, 2012
Among other things, the Statement of Intended Decision is the court's record, in case of an appeal.
Other than pointing out errors in the...
Archived
My wife having a affair and wants divorce. Will that effect alimony?
David's answer
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Answered on August 27, 2012
California is a "no fault" state, and her affair has no bearing on her rights under the Family Code.
Were she to live with him, on the other...
Archived
Family law father lying and violating orders
David's answer
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Answered on August 27, 2012
As other attorneys have suggested, this is a real ball of wax. I would second the motion that you allow your GF to seek legal assistance since it...
Archived
Family code, need some clarification
David's answer
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Answered on August 21, 2012
The previous answers have pretty much nailed it. I only wish to add, in the event that Ms. Straus is correct in her assumption regarding your...
How long can a spouse take children away from their home and parent because of complications of our marriage?
David's answer
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Answered on August 15, 2012
You have a right to joint custody, but you have to file papers in court to protect those rights. Even if you are not interested in filing for a...
Archived
How does drug use/abuse affect child custody and visitation orders?
David's answer
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Answered on August 15, 2012
The courts share your concerns regarding meth use. It is not in your son's best interest to be in the care of someone who is under the influence. ...
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