California Family Legal Questions

The same way you would if he was not in jail by filing a Request For Order.  There may be a petition you need to file as well if this is the first time you've been to court for this child.  The only difference is, you have to have him served in jail.  If its a state prison, you serve him through the legal office there.  If its a county, the sheriff's department usually serves him.  You'll have to check the rules on serving him from the jail's website.  Good luck!... Read More

Legally, the child cannot refuse and must abide by court orders.  Whether law enforcement would enforce it, that is another question.  When children are older, law enforcement becomes less interested in forcing visitation.  If you are the one wanting the visitation, I would check with the local authorities to see if they would enforce it.  Before that, I would think about the primary question: whether it is a good idea to insist on visitation if the child resists.... Read More

You can have her name changed.  This would be a name change for a minor.  In this case, if you do not know where the father resides, you would need to do an additional step of a newspaper search. Remember, the search and the publication for a name change takes place in a 'legal newspaper'. It's best if an attorney does the name change for you so it is done properly.  We can do this.... Read More

If you signed a paper from the court that stated that you are the father or if you approved child support payments for the child then you would be considered the father.   If the child is 15 years, at what point did you know that the child was not yours? Why would you have waited so long? If you have arrears then you will have to file a request for order to address a payment plan for arrears.... Read More

Yes, you have to be served like any other law suit but make sure you werent served at your last address and didnt know about it, or didnt pick up a registered mail card. They could have had a hearing without you if she proved good service to your last address. Call the court and see if there is a case or order against you. If so, see a CA lwyer, I cannot help you. ... Read More

Child support is calculated based on a software program called a 'dissomaster'.  There may be many factors that are used to calculate the amount of child support.  However, the predominant factors are the income of both parents and the amount of time spent with the child. A verbal agreement with regard to issues in a divorce is not binding.  A written agreement, as in a Marital Settlement Agreement or Stipulation, must be signed and notarized by both parties and approved by the court and then becomes part of the divorce settlement.... Read More

If you are the petitioner and your spouse was served & did not respond after the 30 days, then you could have filed a 'default'.  It sounds like you did not get legal advice & you do not understand your legal rights and how divorce works. In a 15 year marriage, your issues would be spousal support and division of property (i.e. the house).  You may have other issues such as retirement funds etc. I'm not sure why the divorce is 'on hold'?  Your first step is to call the court with your case number and determine if a response has been filed and if your case is still pending. Your next step would be to speak with a lawyer who can work with you.... Read More

I think that your ex is confusing spousal support with asset division.  If you have a judgment from the court stating that you receive a percentage of the retirement from the ex, then you receive it whether you remarry or not.  You will need a QDRO (qualified domestic relations order) and possibly a Joinder in order to collect the funds.  An attorney usually prepares these documents.... Read More

Since your date of marriage would be after your debt was incurred, you should not have a problem with your new wife being responsible for your current debt.  Make sure to use separate credit cards for each of you. Depending on the size of the debt, you may want to repay it or do a bankruptcy to get rid of it.  For this you should speak with a bankruptcy attorney who can advise you as to your specific situation. In order to protect your new wife, if you were to pass away or become incapacitated, it would be wise to have a Will, Trust (if you have real estate in CA) and Powers of Attorney prepared by an Estate Planning Attorney.  He/she can go over your specific situation and prepare the documents needed to protect both you and your new wife.... Read More

this is the kind of question only your lawyer can ask. nobody on this service will know the case as intimately-california law, the judge, etc. generally, if you want to push the issue, i think a judge will issue some sort of order forcing a sale. unfortunately, you will spend money doing it. I would be concerned that he may damage the property, so i would push the issue if you can afford to.... Read More