Family law act questions and answers

My attorney sent me substitution of attorney form which I signed. It has been 1 week and she has not returned the stamped copy to me. Also, she has not returned my file to me. They are telling me the form has not been returned from court yet. Does it take so long to get the form from the court. View More

Depends on the court. With some court (such as Los Angeles county), a Substitution of Attorney can be turned around the same day it is efiled. If you need it to hire new counsel, just get the signed (fully executed) copy from your attorney (whether filed or not). That will be sufficient for. View More

If your children have lived in NY for longer than six months then you need to file for timesharing in NY in the jurisdiction where the children live. If you were never married to the other parent and have never been to court then it would be a paternity case. Speak with a local family lawyer for. View More

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$. The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received. View More

Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other. View More

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$. The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received. View More

The answer depends on what you mean by " relinquished [your] rights". But generally speaking. A person who has full custody can request a change to a court order that initially said no child support was required. In California, they would generally need a good reason to have it changed. View More

in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$. The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received. View More

Generally speaking , a person who has full custody can request a change to a court order that initially said no child support was required. In California, they would typically need a good reason to have it changed, such as a significant change in their or your finances or a change in the. View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on Sep 18, 2024

I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending . View More

If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support. View More

If I'm getting married without a prenup in NJ and currently have multiple trading accounts with several million in assets across them, will those assets be considered pre-marital property and not subject to division if I do not contribute any new money to these accounts? Will using those. View More

Do not even think of getting married without a prenuptial agreement. That would be the worst mistake you could possibly make. You need to retain an experienced matrimonial attorney who knows how to make an iron clad agreement. Pick the best attorney you can find and remember one rule: a good. View More

The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary. View More

First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.

With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that. View More

Immediately upon getting married I sold my separate home, then took separate money and purchased a new home while married, my then wife did not and could not contribute she still owned a separate home. Upon sale of her home she moved into the new home i purchased. Is this still considered. View More

Arguments can be made that it's separate property or that it's community property. I would suggest you sit down with a community property or family law attorney to specifically discuss this and determine a strategy for what you desire and if it's practical. For example, one needs. View More

my father had stage four lung cancer and was heavily medicated the last month of his life. I found out recently that he was not married in a ceremony of any kind but marriage license was signed and turned in less than a week before he passed away and his I’m not gonna call her wife is trying to. View More

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your father. Although some questions on this forum sometimes go unanswered, you could try reposting and including "Probate" and "Estate Planning" as categories. View More

I received a judgment for non-payment of child support back in 2009 at which time it was turned into a lien that was attached to my homestead home in Texas. I was unaware of this action. In 2019, my ex renewed the lien. Again, I did not know the lien existed or received any notifications from the. View More

If a child support lien has been improperly attached to a homestead, there's a process for its release. An obligor can file an affidavit under Section 157.3171 of the Family Code to release the lien against the homestead. This affidavit process is designed to be straightforward, allowing the. View More

I have half custody of my child, everything is split in half including medical decisions. Can I have my child placed in an institution for a 72 hour hold during my time with him without bio-dad having any legal rights to pull him out since it would be during my week with him?My child is Autistic. View More

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answered on Sep 18, 2024

Your custody / visitation order should tell you who has the rights to make these types of medical decisions, and whether or not the other parents must agree to it.

If you are not sure if your order has this information in it, contact your family law attorney for guidance. If need be, file a. View More

He hasn't been cooperative or responsive in any way ever since they separated. She cheated on her, abandoned her, and cut any type of communication with her. He even started living with the person he cheated on her with. So far, she has been trying to get the divorce started by filling out the. View More

I don't understand the problem. She doesn't need his cooperation. What paperwork did she send to him that she believes he has to fill out for her to proceed with a divorce. Sounds like a lot of misunderstanding about how the process works. California is a no-fault state. If she wants. View More

Herecievedlarge settlement in p.i. Case this year and required my signature to receive it and promised 25,000.00 for signing can I take it to court for verbal agreement only

It's difficult to prove the existence of a verbal agreement. Further, you have been separated for 10 years. When did the injury occur that gave rise to the lawsuit and later settlement? The settlement may be separate property to which you are not entitled to any share. Reconciliation may. View More

I have left several voicemails requesting an estimate to time frame.

It is important for a lawyer and his or her client to discuss expectations regarding communications and the preferred method of communication. In general, lawyers communicate with clients when it is necessary to the purpose of representation. Some lawyers and clients prefer e-mail, some prefer. View More

Father has been absent for 4 years (since birth) and now wants to petition for custody out of the blue. Is mental health counseling generally a part of the reunification plan? How long are the gradual steps for reunification? Will he ultimately get to 50/50 custody? I just want to understand whats. View More

Reunification varies based on the specific circumstances of each case. If mental health concerns are raised in the pleadings, evaluations may be ordered. Initially, supervised timesharing is often implemented when there is a significant gap in time, and the child is unfamiliar with the other. View More

The legality of having a terminally ill person, such as a mother in hospice care, sign over property depends on factors like mental capacity, potential duress, and whether the decision reflects her true wishes. The person must fully understand the transaction; if illness affects this understanding. View More

She has no family or friends to help in Texas

Unless a court order has been entered preventing her from leaving the state with the kids, she is free to do so. If her spouse has court-ordered possession times, she needs to make sure that the kids are available for those times and are available at the location specified in the order for the. View More

I got married in Florida in July 2005 after knowing my exhusband for only three months. After we were married I learned he is a criminal, has mental issues, and he became very abusive. He spent the majority of our marriage in and out of Jail & mental hospitals. I left multiple times but he. View More

You may want to hire a private investigator for this. If the divorce happened in Florida then you should be able to find a record of it. If it in fact never happened then you can file a divorce now. In the final judgment you will need to include that he has no legal rights to any of your property. View More

My kids are currently in the care of their Father who I have a mutual understanding with. He is more than willing to allow me to see the kids but is concerned that doing so is against the law. Am I allowed to see them even though my rights have been lost?

The question more so is whether the termination has been finalized. If that is the case, then it seems there would no longer be any legal prohibitions on you seeing the kids. Depending on what allegations substantiated termination of your rights, I suppose the father could be risking CPS. View More

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