California Family Legal Questions

I'd advise you do retain an attorney.  Family law attorneys charge on an hourly basis, so you only pay for their time as their time is needed.  While New Zealand will move forward to help you obtain the return of your son under the Hague Convention, you'd be well advised to have an attorney here available to work with them.  I provide this advice as an attorney on the State Department's list of attorneys avowable to do Hague cases.  If possible, you'd determine if whomever you are considering to retain has Hague experience.... Read More

It sounds like you would need a restraining order against her.  I know that this is unpleasant, but the alternative (giving her time to file false claims) is equally as unpleasant or more so. No matter what you choose to do, it is very important that you document with dates & times any interactions that she may attempt to make with you or your child.... Read More

Since you have moved so far away, it would be advisable to go back to court to change the current order.  Your new order could detail how he is to be exchanged such as meeting the other parent at a half way point.  It could also detail a change in the current visitation depending on the age of the child and his school & sports schedule. You may also state that you want more time with the child due to the fact that the father is not spending this time with the child and leaving him in the care of the grandmother. These changes can be agreed upon & approved by the court or settled by the judge in court.... Read More

It sounds like you were & are not married to the mother.  It also sounds like you do not have any court orders for the child.  In this case, you would need to file a Petition to Establish Parental Relationship with the court.  This would address custody, visitation and support for the child.  If you wish to address the custody quickly, you would also file a Request for Order. If you & the mom do not agree on a parenting schedule then the judge will make a ruling.... Read More

When you file for divorce you need to include assets & debts, income & expense when you serve her.  In turn, if she responds, she needs to do the same.   If you feel that she is withholding information regarding the debt, then you would need to do 'discovery', 'motions to produce' etc. which is usually what an attorney does in a contested divorce.... Read More

First of all let me make it clear that my answer does not create a lawyer/Client relationship.  I am a S.C. board certified internist and lawyer.  As there are many hungry family lawyers in California, and you want the best possible results, my advice is to hire a reasonably priced divorce lawyer and let him or her do the worrying for you.  You need to spend a bit of money to get the best results.  This is not the time to pinch pennies.  This is the time to get an experienced reasonable lawyer, who will work with you, to produce the best results.  I never act as my own lawyer. Regards to you and good luck, Michael G. Sribnick, M.D., J.D., LLC  Attorney at Law www.michaelsribnicklaw.com... Read More

It's very important to show up to a restraining order hearing.  If you don't show up, the judge may rule against you.  If the restraining order is in regard to the mom and the children, then you may not be allowed any visitation with children.  There may also be other requirements such as anger management classes etc. It's best to go to the court to find out if the restraining order was entered and what you need to do.... Read More

This is a tough one.  If it's been three and a half year since you've seen your grandchild, most in the legal profession trying to help you will face an uphill battle to prove detriment to your grandchild if you do not have visits with  her.  The parents of your grandchild have a say in who gets to take part in the child's life unless the court finds it's not in the best interest of the child in what the parents are doing...  Consult with an attorney on this matter. ... Read More

It is not recommended to withhold on a court ordered support.  Depending on where you are on your divorce (finalized or still going through the process), you should bring this HOA issue before a court. Depending on how much HOA fees you owe, small claims court might do it.  but if you're still in the process of getting divorced, let the Judge know through a motion filing.  An attorney or selfhelp center would be able to provide assistance.... Read More

Usually you have the power to not sign something if you do not agree to it.  If you can afford an attorney, do seek one out to sort this out for you asap.  if not go to the local self help center available at your county family courthouse and let them help you enforce your previous judgment. ... Read More

It sounds like you may want to file a Request for Order to change the existing visitation schedule to one in which the father does not have overnights with the children.  It is inappropriate for the dad to allow your child or children to sleep with his girlfriend.  Further, it is a violation of your existing court order. Make sure to document all the times that he has violated the court order as well as this inappropriate sleeping arrangement.  Usually a 730 evaluation is not needed because you are not fighting over custody of the child.  This is really a matter of a change to the visitation schedule.... Read More