HOW DO I GET FULL CUSTODY OF MY DAUGHTER?

QUESTION: The father of my daughter has not done visitation time with her or cares about her, my daughter has gone through a lot, two open heart surgeries, tonsillectomy and and two set of ear tubes. The father has not contacted her at all in five years, and when he does he only calls to argue, and cause problems.

MY RESPONSE: It sounds like you already have "de facto" custody of your daughter. What would you be trying to accomplish by seeking or receiving her full "legal" custody? You could do that, depending on whether or not you were married to her father, by filing a divorce or paternity case, and filing and proceeding with an Order to Show Cause in that case for sole physical and legal custody.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I CONVERT A LEGAL SEPARATION TO A SUMMARY DISSOLUTION?

QUESTION: We filed for Summary Dissolution in August 2011, mistakenly thought we had to submit the Request for Judgment prior to six month mark, and were on a last ditch effort to reconcile. Ten days before the end of the waiting period, I filed a notice of Revocation, and then to cover my rear financially, I immediately filed for Legal Separation. Two days later I realized it was a bad judgment call. I have not served the Summons on the Legal Separation, and my husband has signed a new Summary Dissolution Agreement. So a week after revoking one joint petition for Summary Dissolution, we are filing a new one. Had I stayed on the originally chartered path, the waiting period would be over in 2-3 days. So this is a two prong question: Can I convert the Legal Separation petition to Summary Dissolution, or do I need to cancel the Legal Separation, and pay a new filing fee for the Summary Dissolution? Since the time between revoking and refiling the Summary Dissolution will be all of seven days, would the original waiting period count, or does the clock get reset?

MY RESPONSE: It is unlikely that the Clerk will convert your Legal Separation to a Summary Dissolution, or that you will be able to revive your initial Summary Dissolution timetable. You most likely will need to start a new Summary Dissolution and live with its timetable. You could visit the Superior Court clerk and make your requests, but it is unlikely that they will be granted. There is no procedure to transform a Legal Separation to a Summary Dissolution. The only way, if any, that you could get back to the original Summary Dissolution timetable would likely be if the clerk would allow you to withdraw your Notice of Revocation in your original Summary Dissolution case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN THE COURT REDUCE MY CHILD SUPPORT ARREARAGES?

QUESTION: My Child was illegaly taken out of the state after 3 years. Mother got a child support order of $738 a month, which I could not afford to pay. Can the Court reduce the amount I owe?

MY RESPONSE: No - you are not entitled to a retroactive modification of child support. Worse yet, your arrearages bear interest charges at 10% per annum, and your license(s), including your driver's license, can be suspended for failure to pay child support, and you cannot discharge child support obligations or arrearages in bankruptcy. If the child support order was in an amount greater than "guideline" child support, you should have filed an OSC for modification long ago. If the child support order is currently greater than "guideline" child support, you should file an OSC for modification without delay. You should make your best effort to pay off your arrearage and interest.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHERE CAN I FIND OUT ABOUT MY RIGHTS IN A DIVORCE?

QUESTION: How can I find out about what my rights are as a mother of two kids, filing for divorce? I would like some guide about how to do it. I have been married 7 years and am a stay at home mom. I'm Spanish speaking and don't know much about legal terms.

MY RESPONSE: You are likely entitled to child custody, child support, spousal support, and an equal division of community property, but you would best be represented by an experienced Family Law Attorney. If your husband is employed, you may be able to find an attorney who can file an Order to Show Cause for Attorney's Fees (perhaps among other things) on a limited scope basis, so that you can get an Attorney's Fee Order to enable you to retain an attorney (or the limited scope attorney) on a full service basis. If you can't find an attorney after a diligent search, you can go to the Superior Court's self-help clinic to ask questions and get support and assistance from a volunteer. You can also look on www.courts.ca/gov/selfhelp-divorce.htm, which has information available in Spanish.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW CAN A CHILD GET TO SEE HIS DYING DAD?

QUESTION: My dad's wife (my stepmother) won't let me see my dying dad anymore and when she did, she didn't leave me alone with him. What can I do?

MY RESPONSE: You could call Child Protective Services to request their assistance.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW CAN I PROTECT MY GRANDCHILD AGAINST THE OTHER GRANDFATHER’S DEATH THREATS?

QUESTION: I just found out my 16 year old son's 14 year old girlfriend is pregnant and they both want to keep the baby. The father of my son's girlfriend is trying to make her get an abortion and is threatening that if she doesn't he will kill it himself. What can I and my son do? What rights does my son have as the father of the baby?

MY RESPONSE: Call the police, without delay. A death threat is nothing to ignore.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHAT DO I DO IF MY HUSBAND WON’T SIGN THE DIVORCE PAPERS?

QUESTION: My husband filed for divorce and won't sign the papers so how long after I sign am I going to be officially divorced?

MY RESPONSE: Hopefully, you filed a Response in the case, and your default was not entered. If your default wasn't entered and you haven't filed your Response, waste no time in preparing and filing your Response. If your default was entered, consult or retain an experienced Family Law Attorney regarding a Motion to Set Aside your default. If you filed a Response in the case, do whatever discovery you need and obtain whatever evidence you need to take the case to trial, and file a request for trial setting when you are ready to have trial set. If your husband won't cooperate by signing requisite documents, you will need to take the case to trial.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

IS IT CONSIDERED ABANDONMENT IF I DON’T SEE MY CHILD?

QUESTION: I have been paying child support but just have chosen not to see my child. The divorce papers say we have joint custody, can she charge me with abandonment since I have not seen my child in a few months?

MY RESPONSE: If you don't see your child, the Court will likely award 100% custody to the mother at time of trial (or if she files an OSC to modify child custody). A father who won't participate in a child's life does not deserve to have any legal or physical custody. Also, since child support is based on your income, the mother's income, and the custodial timeshare, your child support will be set at the highest amount based on your not exercising your custodial rights ... and having no de facto child custody. You and your child would be better off to establish a healthy father-child relationship, for many reasons.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW DO I FIGHT FOR CUSTODY AGAINST MY ADDICTED HUSBAND?

QUESTION: We were married for over 7 years and have two very young boys. I filed for divorce due to a pain pill addiction and mental and verbal abuse. I petitioned for 90/10 for child custody, myself having the boys 90 percent of the time. He told me he is going to fight for 50/50, but the divorce defaulted, so I am wondering if he can still ask for more custody. I also don't think he should have the boys any more than one weekend a month because he got fired from his job due to showing up to work on too many pain pills and does not have a job. He is getting money from his family members and is barely making it financially. He also lives with his brother who is currently at rehab for the fourth time due to the same thing. Lastly, it is obvious to everyone who knows us that he is not a good dad. He would hardly do anything with our kids, or changed diapers or make bottles. I was left to take care of them all the time and was pretty a single mom while married to him. My last question is, can he fight spousal support if the divorce defaulted. He just didn't do anything with the papers and decided after the fact to respond. Also he has told me that he has quit the pills and I think I believe him, but don't know for sure. I feel my job is to protect my sons.

MY RESPONSE: Because your husband's default was entered, he cannot participate in the default hearing. At the default hearing, you can testify about your husband and his conduct, and request that the Court provide him very limited visitation. It may, however, be a bad idea to request that he have one weekend a month visittation (i.e., 48 consecutive hours) if he is such a risk. It may be better to request that he have two to four short (i.e., up to 8 hours maximum) visits with the children per month, perhaps supervised by a professional visitation monitor or a trusted family member or friend, to avoid risk of harm to the children.

If your husband's default was entered, he can't fight anything at the default hearing - whether child custody, visitation, spousal support, etc. - but if he is unemployed, it is doubtful that the Court would award you spousal support - the Court might however retain spousal support jurisdiction, so that you could later seek spousal support if and/or when your husband becomes re-employed.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN MY FRIEND’S EX TAKE HIS CAR FROM ME EVEN IF HIS NAME WASN’T ON TITLE?

QUESTION: My friend’s fiance went to jail for being in the county illegally. He had 3 cars that he told her to sell so he can get a attorney and to pay their bills. She needed a car and a place to live so my husband and I took her in. She needed a car; we had a car and we made a deal with her to trade our car for one of the cars she got from her fiance and we gave her money on top of it. 5 months later she left our house without saying a word. We found out she broke off their engagement and now her ex wants his car back from us, but the car we did the deal on was not in either one of their names because he was illegal and could not register the car. The car was still in the original owner's name. Can he take the car from me? He is still currently in jail waiting to get deported, what do I do?

MY RESPONSE: Do nothing unless ordered by the Court to do something. If the illegal alien bought the car, it is likely his under ethical principles. When he provided the car to his (now former) fiance to sell for money for his attorney, he gave her conditional permission to sell the car – but not to trade it for another car for her to use. Nevertheless, by not transferring its title to his own legal ownership, and by giving the signed title document to his fiancé, he assumed the risk that his fiance could sell or trade it, as she did. The former fiancé is liable to the illegal alien for not following his directions. You had the power to register the car under your own name because you received a title document from the former fiancé bearing the signature of the former legal owner. I assume that you registered the car under your own name. Your rights to the car you received likely depend upon whether you would be considered by the Court to be a bona fide purchaser. However, since the illegal alien is in jail, awaiting deportation, he likely does not have the power to force a sale of the car, i.e., he likely lacks access to the Courts to file a lawsuit against his former fiance and you, and he likely lacks the time before his deportation for any such lawsuit to come to trial, even were he able to file such a case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW DO I FIND OUT IF MY SPOUSE FILED FOR DIVORCE?

QUESTION: How do I find out if my spouse filed for divorce for free? He lives in Los Angeles and I am in Orange County, California.

MY RESPONSE: You can ask him for free, or you can hire a private investigator to search the Superior Court records in the Los Angeles Central District and the Branch Court District in the area in which your husband lives - you would have to pay for that service – or you could search those records, yourself. There may also be an internet service which could do the search of Los Angeles Superior Court filings, but that also would not be free.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

DOES IT MATTER IN A DIVORCE CASE THAT A SPOUSE CHANGED HER NAME?

QUESTION: I filed a divorce case against my wife. Does it matter that she has changed her name?

MY RESPONSE: A spouse's changing names doesn't change the divorce case - it still is a divorce, and the name of the Respondent in the divorce case records will remain the name she is known as in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHAT MARRIAGE RIGHTS DOES MY ILLEGAL-ALIEN MOTHER HAVE?

QUESTION: My mother and Father have been seperated for more then ten years. She does not have a job and is a full time mother. My father still provides for financially only by paying rent for the house and the bills. They have seven children together but only one underage. My mother is an illegal immigrant and that is why she does not have a job. Can my father kick her out of the house? What can my mother do? She has been in this country for over twenty years. My father has his papers. My father Committed adultery and has been with the other women for more then 10 years and also has a child with that women. Should my mother file for divorce? Should she put child support on him?

MY RESPONSE: Just because your mother is an illegal alien does not deprive her of the right to seek and get a divorce in California. She should consult and preferably retain an experienced Family Law Attorney to represent her and to file and prosecute her divorce. If your father is employed, your mother will likely be entitled to awards in the divorce case of Attorney's Fees, Spousal Support, Child Custody and Child Support for the minor child, and your mother's 50/50 share of community property.


This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN THE COURT MAKE MY SPOUSE MAKE A FINANCIAL SETTLEMENT?

QUESTION: Since my spouse wont agree to a financial settlement I am going forward with a bifurcation. Is there any way to have the courts make him make a financial settlement with me without a trial etc., as I can’t afford an attorney.

MY RESPONSE: If you can't come to a meeting of the minds (i.e., an agreement), your only other option would be to set the case for trial and have a trial. Even though you can't afford an attorney, if your spouse is employed, a Court might award you attorney's fees. You should contact experienced Family Law Attorneys in an effort to find an attorney who is willing to seek attorney's fees on your behalf in the case, to enable you to fund legal representation in the divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN CHILD SUPPORT TAKE MONEY FROM A JOINT ACCOUNT?

QUESTION: I'm unemployeed and homeless. I have outstanding child support arrearages that are due. A family member is paying my bills and wants to open a joint savings account with me. Can child support take the money in that joint account?

MY RESPONSE: Possibly. If you are unemployed, you should immediately file an Order to Show Cause to modify Child Support - because Child Support cannot be retroactively modified. Child Support arrearages bear interest at 10% per annum, and can result in your loss of any licenses that you may have, including your driver's license. If you owe Child Support Arrearages, the other parent can't collect the money from your joint account without first seeking and obtaining a writ of execution for the Sheriff to levy on your joint account, but that can be done without prior notice to you. It would probably be a good idea for the person who is paying your bills not to put a lot of money into that joint account, in case the other parent obtains a levy on that account. Also, don't let the other parent know about that joint account - open it at a different bank from the bank the other parent knows you have banked at, and don't provide the other parent any checks drawn on that account. That may better insulate that account from levy.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WILL THE COURT ALLOW MY EX TO TAKE OUR CHILD OUT OF THE COUNTRY?

QUESTION: My ex who has physical custody of our 2 year old wants to leave the country on a trip. The country she is going to is where she still has legal citizenship. She wants to take me to court to allow this. Will the courts allow this? I am afraid she won't come back.

MY RESPONSE: It is possible unless you provide adequate evidence and testimony to persuade the Court to block the trip. You would best retain an experienced Family Law Attorney to file documents on your behalf and to oppose your ex-spouse's request to take your child out of the country, and to provide facts and documents to the Court evidencing the risk of child abduction by your ex-spouse.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WILL THE COURT AWARD CUSTODY TO A DAD WHO HAS BEEN ABSENT FOR 2 YEARS?

QUESTION: My son is 10 years old and he lives with me, my husband and his brothers and sisters. I've had custody since he was born. His real dad has been in & out of his life since he was little. The last time he saw or spoke to him was 2 years ago. Now again he reappears saying he wants to see him & take him. My son does not want to go with him. Would the court still side with him on this? What should I do? I'm tired of putting my son through this.

MY RESPONSE:
Since the father has voluntarily been out of the child's life for the last two years, it is unlikely that the Court would give him much in terms of visitation or custody. Let the dad file whatever he chooses to file, but it would be best for you to retain an experienced Family Law Attorney to represent you in preparing opposition documents and appearing with you at the hearing.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I GET REMARRIED DURING THE 6-MONTH WAITING PERIOD?

QUESTION: I filed for divorce in CA and aware of the 6-mo statutory waiting period before I can re-marry. Is it possible to get married in another state during this waiting period? Will the new marriage be still valid in CA?

MY RESPONSE: No, you are still married to your current wife until the Court dissolves your marriage. A remarriage to someone else during the statutory waiting period would be invalid and void.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I CONTEST A DIVORCE?

QUESTION: Can I contest a divorce and ask for marriage counseling or something like that? What are the restraining orders after being served?

MY RESPONSE: You can request marriage counseling in conciliation court, but if your spouse wishes to dissolve your marriage, it will ultimately be dissolved. The automatic restraining orders are set forth on the reverse side of the Summons. If you haven't yet been served, download a copy of a current Summons-Family Law from California State or your local Superior Court, and look on its reverse side to see what the standard automatic restraining orders are and/or will be upon service upon you.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN A MEDIATION AGREEMENT BE NULLIFIED?

QUESTION: I last had mediation for a parenting plan in August 2011, since then my son's father was arrested for drug posession and being an unlicensed driver. After he was released and put on house arrest by immigration, we had our own agreement outside of court. However, now he is trying to force me to follow the agreement set in August at mediation. Is there any way out of it? The last agreement was for him to have my son one morning every week for a few hours unsupervised. I don't trust him alone with my son, especially after his arrest. Is there any way I can fight this?

MY RESPONSE: File an Order to Show Cause to modify child custody and/or visitation based on the recent change of circumstances.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW DO I GET A DIVORCE IF MY HUSBAND ABANDONED ME?

QUESTION: If my husband has abandoned his wife and is well off and has never filed taxes, how can I legally get out of the marriage?

MY RESPONSE: Retain an experienced Family Law Attorney to file and pursue a Divorce case against your husband. You likely will qualify for an attorney’s fee award in the Divorce case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHAT RECOURSE DO I HAVE AGAINST MY ATTORNEY FOR TRYING TO PREJUDICE MY CASE WITH THE JUDGE?

QUESTION: If I write a letter to my Superior Court of CA Family Law Judge regarding my attorney's Motion to be Relieved as Counsel of Record, wherein, my attorney is intentionally trying to prejudice my case, how can I ensure that the Judge will read my letter? What other recourse do I have to explain to the Judge that my attorney of 1 1/2 years double and triple charged me attorney fees, my attorney and his paralegal made mistake after mistake on responsive pleadings, my MSC Brief, declarations, and other filings, etc. at my expense, and I was called names and treated with continual disrespect, if the Judge will not read my letter?

MY RESPONSE: The judge won't read a letter from you - it would be considered an unacceptable attempt to make an "ex parte communication" to the Judge. Anything you provide to the Judge must be provided to both attorneys, and must be an appropriate responsive document to the Motion. From your question, it sounds as though you don't want this lawyer to represent you any longer, based on his/her prior conduct in the case. Your choices regarding the Motion are 1) to oppose it by filing and serving on the lawyer and the adverse attorney a Responsive Declaration to Notice of Motion (i.e., to seek to force the lawyer to stay as your attorney), or 2) to allow and not oppose the Motion (not requiring a response), or 3) to sign and file a Substitution of Attorney (with your attorney's signature on it) to substitute your attorney out and yourself in, in Pro Per. The place to make your complaints is not in the Family Law Court - but instead, make them to the State Bar.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

AM I LEGALLY RESPONSIBLE FOR MY STEP-CHILDREN?

QUESTION: My husband's ex-wife died a few months ago, the two children live with us, my husband was arrested on felony charges recently, do I have legal responsibility for the children?

MY RESPONSE: No, you don't have responsibility for your step-children. The children are your husband's responsibility; I assume from your question that your husband is incarcerated, awaiting trial. If he is found guilty, he won't be available to care for the children. If he is found innocent, he will likely return to care for the children. It would be best for you to consider the children's welfare, and to await the results of trial and/or settlement of your husband's criminal trial. You might consider contacting other relatives of the children, to let them know of the dilemma - in case they may want to provide care for the children. They may want to file a guardianship case. It would be unfortunate if the children would be thrust into foster-care without at least seeking more compassionate alternatives.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I MOVE IN WITH MY HUSBAND IF HE MOVES TO A DIFFERENT STATE?

QUESTION: I cannot support myself on my income. My husband is moving to a different state. Can I move in with him?

MY RESPONSE: You can, if he lets you. If he moves to separate from you, you can't force yourself into his new home. You can file and serve a divorce case and seek Spousal Support from him through the Court.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN A MARRIAGE BE ANNULLED IF IT OCCURRED LESS THAN A YEAR AGO?

QUESTION: Can a marriage be annulled if sought than a year after the marriage?

MY RESPONSE: It can be annulled if proper grounds for annulment exist, are alleged in the Petition, and are proved at trial. It would be wise to include a request for Dissolution of Marriage as well as Annulment in the Petition, so that the Court can dissolve the marriage at the same trial if it determines that the grounds sought for Annulment and/or facts alleged for Annulment are inadequate.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

IS A HOUSE BOUGHT BY ONE SPOUSE AFTER MARRIAGE ALWAYS COMMUNITY PROPERTY?

QUESTION: My boyfriend's wife moved out of their house 3 years ago and into the home of the guy she was having an affair with. The house is only in his name and she never worked therefore, his salary paid all of the mortgage payments and he has paid them since she moved out. His parents gifted some money to him for the house. She claims that her parents did too but doesn't think she has proof. She also signed something giving him the house (not sure what). Can this house be considered his separate property?

MY RESPONSE: Not always. The house in your boyfriend’s case likely has separate property and community property components. Your boyfriend should consult with an experienced Family Law Attorney, to investigate, evaluate, and determine those components. More needs to be considered than just the facts stated in your question, including whether or not the house was purchased by your boyfriend before or after the date of the marriage. If there was no Prenuptial Agreement, the payments on the mortgage during the marriage from your boyfriend's work income were payments from a community property source, which would create a partial community interest in the house. Income after separation is separate property of the earner, so your boyfriend's post-separation payments would inure to his separatge property interest.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

IF A FATHER IS PAYING CHILD SUPPORT, DOES HE HAVE LEGAL RIGHTS TO HIS CHILD?

QUESTION: Say a couple has been separated for two years, never married and they had a child together. The father of the child was 17 (now about to be 21) when the woman had gotten pregnant and she lives in another state. Now the women is looking for child support and all that, and it isn't a problem, but since he will be paying child support does he have LEGAL rights to his daughter? Will the mother now have to let the father see his daughter? If she doesn't, can there be something done so then he can see his daughter or can he possibly still get sole custody? Both parents are reliable people, but in different ways. With that I would just like to know the possibility of the father getting his daughter, even though he has been restricted with visitations, he is actually doing better off with his life than the mother and I personally believe is a better candidate.

MY RESPONSE: The father can and should seek legal rights to his child. He should bring a Paternity case in the state and county in which the mother and child reside, and seek his custodial and/or visitation rights in that case.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW CAN I TERMINATE PARENTAL RIGHTS IF THE FATHER DOESN’T WANT ANY RESPONSIBILITY?

QUESTION: If a female is pregnant and both the mother and the father want the father exempt from any responsibility such as child support or any other obligations how can you 100% get parental rights terminated first time around?

MY RESPONSE: You can't (without a stepparent adoption). But unless the father seeks and is granted parental rights by the Family Court, he won't be able to exercise any. The mother can seek Child Support through the Courts at any time after the child's birth, via either a private attorney or a public child support agency.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW DO I FILE FOR SOLE PHYSICAL AND LEGAL CUSTODY OF MY CHILD?

QUESTION: I live in California. How do I file for sole physical and legal custody of my child? The father is on currently on parole and a known gang member and drug dealer. He served 10 years in state prison and was just released from prison after serving seven months for a parole violation. I fear for the safety and well being of my child if he is allowed visitation. He is not named on her birth certificate and paternity has not been established. He is requesting paternity through the courts at this time.

MY RESPONSE: Retain an experienced Family Law Attorney to represent you in the paternity (and child custody) case, without delay.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN A MAN BE REQUIRED TO PAY FOR CHILD BIRTH EXPENSES FOR HIS CHILD?

QUESTION: I want to know if a man can be obligated to pay for childbirth expenses if paternity is determined after the birth of the child?

MY RESPONSE: Yes, if he admits or is proven and found by the Court to be the child’s father. It is difficult or impossible to determine paternity before the child is born.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

AM I FACING JAIL TIME IF I DIDN’T KNOW I OWED CHILD SUPPORT ARREARAGES?

QUESTION: I am on disability from the military and I thought they were taking out child support. I got a letter today after 7 years saying I owe $9000.00! I've never seen my son or know of his location and go to court the 20th of this month. I don't have that much money. What should I do? Am I facing jail?

MY RESPONSE: Your pay stubs or Advice of Deposit slips or e-mails should have set forth the details of your income and deductions (including any deductions for child support). You should retain an experienced Family Law Attorney regarding your situation, to advise you, respond to the papers that were served on you, and appear with you at the upcoming hearing. If there are current Child Support Orders, it may be appropriate for you to file an Order to Show Cause to modify Child Support.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I ASK WHO IS REPORTING FALSE INFORMATION ABOUT ME TO CPS?

QUESTION: Somebody has made 3 false CPS reports against me within the last year. Is it within my rights to ask who is reporting me in order to file for distress, harassment, and defamation of character?

MY RESPONSE: You can ask, but they won't tell you. Furthermore, it would be against social policy were people allowed to sue CPS claimants for distress, harassment, or defamation because people would be scared to make valid claims if such lawsuits were allowed. In addition, were you to file such a lawsuit, you would risk an adverse decision and imposition of significant attorney's fees against you via an Anti-Slapp Motion by the party who you sue.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |