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  1. 1)After a divorce, one of the parents was given legal custody of a child, 2) Later the other parent files for custody, 3) The parent currently with custody hires an attorney to defend his/her custody position, 4) The court orders no change in the exisitng custody arrangement. Does the parent who retains the existing custody arrangement have any case for recovering attorney fees from the other parent?

  2. I have just been granted temporary custody of my children. I want to live in Mass. My husband is looking for work in the Carolinas. Can he force me to move there by controlling me by not giving me any money if I choose not to? Once he is settled and with a job I would consider moving closer for the children's sake but for now being with my family and friends will help me during this difficult time. Not being made to live somewhere that I know no one and am not familiar with the area.

  3. I have been granted temporary custody. Is it up to me to decide on what I believe to be the best visitation rights for the children and their father?

  4. Rating: +1

    im wasnt married but i am asking for full custody,the other parent is in jail,does he HAVETO APPEAR in court for the judge to make a ruling

  5. I am trying to help a friend find a good family lawyer to help her with her divorce/custody issues that are coming up; she is unable to pay a large retainer fee. Her husband has recently been arrested and put in jail until he can meet with a judge for domestic violence and domestic vandalism.

  6. If children are going to the non-custodial house every other weekend, is it enforced in California that they have a bedroom equipped with beds for each child in that house? (as opposed to a pull out couch or something)? Can overnight visitations be prohibited due to sleeping arrangements as such?

  7. 1) If you make more money than your spouse will you have to pay him alimony. 2) If he is refusing to accept the divorce can I get divorced even if he never files.

  8. Rating: -1

    Basically, how is spousal support calculated?

  9. Is it required that mediation regarding child visitation be done with both parents at the same time, or can it be done privately the same day but at different times?

  10. My ex husband and I are going through a divorce. I have two minor children. I believe that he is hiding money in his financial disclosure. I had access to his e-mail from when we were together, so I went into his email and found that he has a couple of other side businesses that are not under his name, but I was able to get emails referring to "my company" this, "my company" that. I also have the name of the bank, acct. number and routing number for the numerous transfers of money that have been transferred into said account. Can I use these emails to show he is hiding money.

  11. What exactly happens at the first hearing of my divorce proceedings, the Order to Show Cause hearing? Will I be given full legal and physical custody of my 2 children, which I presently have?

  12. my 15yr old daughter has been abused by her mom and stepfather and has come to live with me, I have temporary custody and was ordered to give the mother visitation she the child didn't come home on the appointed time of visit What can I do to protect myself from what may seem like contempt of the judges orders

  13. Hi, I've been married 25 years and had thought spousal support was usually 1/2 the years of the marriage. Now I keep hearing that it is usually only 1-5 years (around 2 or 3). I have a severely mentally 15 year old and can't work full time in order to get him on his bus in AM and be with him afterschool. Psychiatrist has said I can't leave him home alone too long. Is the 1-5 years now the standard? This will help me to decide if I can afford to divorce or not. I appreciate any info you can give me. Thanks, Theresa

  14. My teenager run away to his aunt's house. (he is 16.5) I am his father and this happen because we got into an argument and we pushed each other. he also got involved with a fight with his older brother. Is there anything that I can legally do? to bring him back? Thanks for answering.

  15. my ex's lawyer has filed a motion to garnish my wages, even though I pay her on time and my 16 year old lives with me fulltime. I've been using my savings to pay her as I don't make enough wages to pay her and support my daughter and myself. I can't afford an attorney anymore and her attorney is a man-hating pitbull. What options do I have?

  16. Mr. Staley, I was referred to you by Linda Jazo. I have a troublesome adversary complaint filed in a recently discharged BK. It is from a 2005 arbitration judgment from a property sale in Las vegas. The guy is Pro Se and I need an aggressive attorney to defend and counterclaim. Do you handle these kind of cases? Thanks, James W Carpenter

  17. I live in Kansas City, My grandson is there. He has been removed from the home and is in foster care for suspected abuse, nothing proven. What can I do if they keep him removed. I do not want him raised in foster care. He is not even two months old. Thank you

  18. I am from India and have My friend is in US who has expired sometime back. As her husband is responsible for her death, her parents are planning to file a case. They have a 10 months daughter. Please advise us if the grandparents can take care of the child. Because we heard that the US govt. shall take over the child and donot give us her authority. Please advice.

  19. What is the process for enforcing a court ordered stipulation which sets forth visitation and child support when one of the parents is not following the order?

  20. If the child has witnessed and sustained abuse from the non custodial parent and the custodial parent doesn't send the child with the non custodial parent for visits for the reason that its in the best interest in the child can the non custodial parent get in trouble? If so how much? Will it hurt the custodial parents chances of winning a custody modification case that has already been filed?

  21. If a relative has adopted my childern and is not maintaining a suitable environment for them. Is there any thing I can do to regain custody of my childern.Do I have any rights on in matter at all.

  22. How much experience do you have with same-sex couples that are divorcing and have children? I know the laws may be gray in many areas and am interested in working with someone on the forefront of these legal issues.

  23. Are there laws in Calif. to protect Grandparents from being shut out of our grandchildrens lives. I am a Canadian my son is military down there and won't answer any type of communication.

  24. What is your fee for negotiating visitation and child support. My ex hired an attorney who came up with 2700/mo (both make $200K). I used the Dissomaster (with rentals and SE)--we are 1100/mo off--I'm going to want help in court in Feb so I shopping for an attorney. I live in TX.

  25. My ex-husband has just informed me that he has begun collecting unemployment. I also received a child support check this week that was $50 short (paid weekly, wage garnishment). He has been talking for several months now about making a temporary modification of child support "until he is employed full-time again". I want to be understanding, but I am also earning less due to the current economy and depend on child support to provide for our children (we have an 80/20 custody agreement, I have physical custody 80%). Is there such a thing as a temporary modification - because he keeps saying it will be "temporary". Would I have to return to court to file another modification? He also wants to have his old attorney draw up documents. I hate to be distrusting, but am uncomfortable using his attorney only, as he is paid to represent my ex's interests. Is there mediation or something similar for a modification of support?

  26. My husband and I wanted a divorce. He said that it would be cheap to go thru mediation, but i feel like it is just for his own interest. I wanted to hire an attorney but I'm a stay at home mom, my husband doesn't give me money, hide money from me, is it possible to hire an atty and my husband will pay for it? how about the retainer's fee? my husband is making $9,000 gross monthly income. I feel so helpless knowing that I don't have money and my husband keeps on telling me that I will onl receive this and that.

  27. my wife is going through bankruptcy now.can we divorce??

  28. since our divorce three years ago my ex wife has changed jobs to make more money ($2.00 per hour) and has lived with her parents paying little to no rent and no utilities. I have paid her the alimony and child support the entire time. She did not live with her parent prior to divorce and at the time of divorce she claimed $1800.00 per month rent and more with utilities. Her Job change also reduced her travel to/from work from 30 miles one way to 5. Can I have spousal support terminated based on these? I also have several text messages from her while she is at casino's and night clubs. Please advise.

  29. I am afraid I won't be able to get a lswyer to represent me. My husband controls all the money and has taken all of mine and my mother's. There are no children. Also, he is a local attorney. Do you have any recommendations for me?

  30. My husband was given all of his personal items and gifts in his divorce. Before he could get the items out of his ex-wifes house she sold everything he owned. He has since remarried to me and she to another man. They have rented a home and now things are coming out of storage. She refuses to tell him what she has or does not have that belongs to him. How can he get what she still has and can what can he do about the items she sold?

  31. My husbands son (and my step son) turned 18 on 12/9/09. Despite filling out paperwork numberus of times for the state, it keeps being withdrawn. How do we get the child suppport stopped? (No, he is not in the rears). We live in MN and are ready to pay an attorny to get it done.

  32. there is no fathers name on my sons birth certificate. so i was wondering can my future husband adopt him, or can we give my son his last name because there is no father in my sons life?

  33. Can I make payments to your firm if you represent me in a divorce? There are no children involved, just a house we live in.

  34. hi my name is francisco cabrera and wanted to know if i can interview you for a project im working on in my carrer exploration class at arroyo paseo charter. hope u can answer me back as soon as possible.

  35. My daughter is living with her husband and 3 years old child in his parents house. They moved recently with the purpose of saved money to by a house. Too many people living in the same house, total of 14 in the main house with only 5 rooms. My daughter and child is living in hell and she's planning to leave him. She's affraid of leaving him since she does not have a place to stay and she's at home taking care of the 3 yrs old child. At this time I'm unemployed and not to much help for her, since I leave in the back of the housse as well in a small room. Please adviced. Thank you for your time, Sincerely Emma

  36. My husband inherited some land with a home on it during our marriage and it has been our family home since the time of inheritance, which was five years ago. Is the home and property still considered his?

  37. Im trying to help my girlfriend out who is moving from stockton,Ca to san diego.She is a pharmacist and landed a manager position in SD. She has tapped out her finaces due to the pending move. SHe has two daughters,the father of the youngest 13 sees te child an average of once a month only.He is now trying to petition full custody, daughter wants to live in SD. a prelim court date is sched Aug 1st how can I get help for her??? need advice, Ray

  38. What is the cost for helping me in a uncontested divorce, both my husband and I have agree on the divorce and we really want to close this chapter as soon as possible. thank you

  39. My situation is I have been married for over 13 years to a man who makes about 13k a month. I havent worked since 2009 and even when I did work he was the provider. I had a mental breakdown in 09 and it was rough. My son frm a previous relationship was almost 2 when we married and he raised him as his own, paid for his expenses up until recently. I have no family and no credit. He drained the bank account and is no longer communicating, stopped the mediation process w/o notifying me and is not providing any support...none ordered. He retained an attorney and just served me. No longer any assets to speak off except a 401k. I have called and spoken to many attorneys and none will take my case w/o a retainer, which I dont have. I could go back to work, but need money to pay for licenses, dues, etc. and there is no guarantee as an independent contractor. I have looked into programs in San Diego like modest means, et. and I am told I dont qualify because my husband makes too much money. Do you have any suggestions for me on attorneys that will take a case w/o a retainer or can access my husbands 401k asset to pay the fees9m any other suggestions?

  40. i`m planing on moving out of state the non custody parent dosen`t have visitation do i still need to get permission from the courts to move

  41. Rating: +1

    I just moved to SD from N CA one week ago. Can I file for divorce here in SD? We have 3 children together my 13 ye old, is With me He refuses to allow me to see our 2 boys 9 & 7 yrs old? What are my rights as far a recuperating my boys. (Husband And son's are in N.CA) thanks in advance. J.C

  42. im seeking divorce my husband and i been apart for 4 yrs and i have the kids,,ive moved here from new mexico,,ive been resident san diego for 5 yrs now,,is it possible i can ask for divorce and child suport from here,????

  43. In 2006 when econmic times were good, my huband and I split. We jointly took out a mortgage on a house but my name is on the title. In Jan. 2012, if I haven't taken a loan out on the house only in my name, I am supposed to sell the house. I also signed a docement allowingt him pay the mortgage with alimony due, and then I get the rest. He is saying that he wants for us to keep paying the mortgage with my alimony until support ends in 11/12. I simply can't afford to hang out that long. Is there a way that I can get power over my alimony check back?

  44. If the father of my child is "slow" can he be granted more custody or even take my child from me. I am a great mom and have done nothing wrong. The father is living with his parents and his parents have been abusive to me...what is the liklihood that they can get custody and not me.

  45. My friend is getting a divorce and was told that there is a new law that child support payments are ALWAYS garnished from the non custodial parent, when the divorce is final, even when there are no arrears. Is this true? Thanks, Susan

  46. I have been married for 6 years and have no children and no assets. What is the easiest/faster/cheaper way to get a divorce? Do I even need a lawyer? My marriage certificate is from Massassussetts! Looking forward to hearing back from you. Carol W.

  47. i have dual citizenship (US and from a EU-country), my husband and two kids have green cards and only EU-citizenship. Now I am considering a divorce and want to move to my home country with my kids. Is there any way my husband can insist on me staying with the kids in the US if he decides he wants to stay here (we are based in California). Thank you so much in advance, truly!

  48. What is the law about paying college tuition after the child turns 18. We're done paying child support and now the mom wants us to pay college tuition. The divorce was settled in California but they now live in Wisconsin.

  49. Can you help with a divorice, if spouse in another country?

  50. I have custody mediation set for January though the court. Can I get a private mediator to get a custody order sooner?

  51. Can you continue to collect child support after the child turns 18 if the child has a disability?

  52. Hello! My husband and I have been married 5 years and have a 1 yr old son. Divorce has been on the table but we are still mulling the relationship over. We "seem" to agree on 90% of things but we have a question. We are in the process of paying off as much debt as possible in the event we do divorce, however, there will still be a significant amount 20K or less and a house. In the event we agree to pay this debt and it is stipulated in the divorce decree will there be any protections for the other spouse if one chooses not to pay his/her portion? Heard many horror stories thus the question. :) Thank you in advance for your time.

  53. Ive been married for almost 7 years, but we have been separated for about 4 or 5 of those years. The reason for that was because we separated, he got out of the military, and (i assume) went back to his hometown in texas. I had short contact with him but lost contact again and would like to pursue a divorce. I now have no clue where he is for sure, and have no way to get a hold of him. Would I still be able to get a divorce? We have no children or anything to separate/divide. He was all for getting a divorce last I spoke to him, but I just don'T know where he is. Thank you for your time.

  54. To whom it may concern: I attended a facilitator class last week, at the San Diego Family Court on 1555 6th St. Can you give me a legal advice and look over my paperwork and establish if they are correct, so I can go forward with the divorce? What is the cost of this process?

  55. My little sister died a few years ago and her daughter has been staying with her father's parents since then. They will not allow us contact with the little girl, and I have doubts about the paternity. What action can I take since I live in California and they live in Utah?

  56. My (x) wife left me in 1986. She took our two children with her to England, which is where she was born. In 1987 the Brit gov't required her to file a divorce petition in order to have permanent legal custody of our children. I have a copy of it. She says the divorce petition is the only document she is aware of, i.e., she does not know if a decree absolute (finalization document) exists. In other words, now, after all these years it appears I'm still not legally divorced. I recently met someone I want to marry, but I don't want to marry her until I know for sure whether or not I'm legally divorced. Do I need to file for a divorce from scratch or is 25 years of separation and a 1987 divorce petition enough to say her and I are legally divorced?

  57. The father and I have joint legal and physical custody. Our paperwork was filed in San Diego 14 years ago, where the father still lives. I moved to Pennsylvania right after the papers were filed. The father paid his support for the most part up until 17 months ago. He refuses to pay. We have never had the support reevaluated. My question is this; do I seek help to collect support in California or Pennsylvania?

  58. Can I file ex parte for child custody until our mediation/ court date, which is 3 months away, because she is withholding and not allowing me to spend time with my 1 month old daughter?