QUESTION: My ex-wife is denying me of court order visitations and hurting my four year old son with her lies saying I don't want to see him. I always call and let her know I will be there for my visit and when I show up they are gone. I have filed report after report and don't have money for an attorney what should I do? give him up? Have someone say I am dead? The law does nothing to help, so what good is the law if it only helps the rich and people on welfare?
MY RESPONSE: Retain an experienced Family Law Attorney to counsel and represent you to seek your remedies. If you can't afford an attorney, go to your Superior Court's self-help center for assistance with either an Order to Show Cause to modify Child Custody (requesting custody of your child and setting forth the facts of your matter) or an Order to Show Cause for Contempt of Court against your ex-wife. Note that once you have filed and served the Contempt matter, your case will likely be frozen until the Contempt is resolved either by hearing or by dismissal (if you dismiss it, do it "without prejudice", so that you can re-file it later). Either proceeding will get your ex-wife's attention and the Judicial Officer's attention, and may be instrumental in resolving the problem.
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 |
Sunday, June 17, 2012
CAN I GET A RESTRAINING ORDER AGAINST THE FATHER AND HIS FAMILY?
QUESTION: I really want this people out of my sons life , they have done nothing for him & all they wanna do is try and take custody of him to rubb it in my face , also my baby's dad brother wife that I hate so much for talkin so much crap about me and my baby wants to manipulate the CPS workers that I'm a bad mom , the only the reason my son was taken away was because of his dumbass dad for hitting me while my baby was inthe same room , so now his in jail & his parents are mad beacuse I put him there & wanna take my son away . So do I have the right , to tell CPS for them to stop seeing my son
MY RESPONSE: If the father hit you, you can seek a Domestic Violence Restraining Order against him, but not against his family, from the Court, as a result of his hitting you. You haven't set forth any facts in your question advising that any member of his family has been violent toward you or threatened you with violence. You can't get a DVRO against his family merely because they are his family. When you deal with CPS, I suggest that you request, instead of demand, that they not allow the father and his family to see your/his son. The CPS Social Worker has a lot of power, so you should take care not to offend the CPS Social Worker.
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 |
MY RESPONSE: If the father hit you, you can seek a Domestic Violence Restraining Order against him, but not against his family, from the Court, as a result of his hitting you. You haven't set forth any facts in your question advising that any member of his family has been violent toward you or threatened you with violence. You can't get a DVRO against his family merely because they are his family. When you deal with CPS, I suggest that you request, instead of demand, that they not allow the father and his family to see your/his son. The CPS Social Worker has a lot of power, so you should take care not to offend the CPS Social Worker.
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 ARE MY RIGHTS IF I THINK MY EX’S ROOMMATE WAS INAPPROPRIATE WITH MY DAUGHTER?
QUESTION: If I feel my x-husbands roommate may have been inaproperiate with my daughter in some way by her statements and then she tells her dad he was not then she tells me she is uncomfortable seeing him agian, do I have the ability legaly to withhold my daughter seeing her dad till I get a court order for custody in place or untill he removes his roommate? what is my best bet what are my rights without anything legal in place yet. we have been living seperately with a divorce filed just no custody or spousal agreement filed yet.
MY RESPONSE: Since there are no custody or visitation orders yet in place, you would not be violating any court orders by withholding your daughter from her father, but you would best let her father know your reason, and perhaps you should offer an alternate visitation plan such as his seeing your daughter at a restaurant or park.
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 |
MY RESPONSE: Since there are no custody or visitation orders yet in place, you would not be violating any court orders by withholding your daughter from her father, but you would best let her father know your reason, and perhaps you should offer an alternate visitation plan such as his seeing your daughter at a restaurant or park.
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 |
DO BOTH PARTIES NEED TO BE PRESENT IN COURT TO GET A DIVORCE FINALIZED?
QUESTION: After having waited the 6 months for a dissolution of marriage...1 party has been deployed...entail allowing the other party to file with out their presence...however both agreed to wait...so now that the other party is home...do both parties, need to be present in getting the divorce signed off and finalized by the judge? Or can either party get the final judgment on their own without the other party being present???
MY RESPONSE: If the parties agree to the divorce and the terms of the divorce, you can get a judgment without either party physically appearing in Court, using the appropriate forms, including but not limited to the FL-130 Appearance, Stipulation and Waivers and the FL-170 Declaration for Default or Uncontested Dissolution, among other forms. You would best at least consult with an experienced Family Law Attorney to determine all the forms required and whether they were properly completed.
If the parties can't agree to a settlement, the case will have to go to trial, where both parties should appear and testify.
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 |
MY RESPONSE: If the parties agree to the divorce and the terms of the divorce, you can get a judgment without either party physically appearing in Court, using the appropriate forms, including but not limited to the FL-130 Appearance, Stipulation and Waivers and the FL-170 Declaration for Default or Uncontested Dissolution, among other forms. You would best at least consult with an experienced Family Law Attorney to determine all the forms required and whether they were properly completed.
If the parties can't agree to a settlement, the case will have to go to trial, where both parties should appear and testify.
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 GET THE RIGHTS TO VISIT MY DAUGHTER?
QUESTION: A week prior to being incarcerated for a 5 month sentence I was granted every other weekend with my daughter and before icould proceed with my scheduled visit I was taken into custody for a previous case of residential burglary and now i have a strike and felony on my record and I have been released i would like to visit my lil girl and her mom agreed but when I arrived she refused to let me get my daghter because she dislikes my girlfriend/ fiance of 3 years, I reside in riverside county and have a room set up for my daughter and her mom has current custody of our daughter in norwalk ca i really want to visit with my daughter but her mom makes it impossible should i give up or is there still hope.
MY RESPONSE: There is hope. If you can't get the mother's cooperation, file a Paternity case and file an Order to Show Cause requesting custody and visitation and have it served on the mother. At the hearing on that OSC, the Court will most likely order specific time for you to have with your daughter.
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 |
MY RESPONSE: There is hope. If you can't get the mother's cooperation, file a Paternity case and file an Order to Show Cause requesting custody and visitation and have it served on the mother. At the hearing on that OSC, the Court will most likely order specific time for you to have with your daughter.
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 KEEP MY BABY SAFE FROM MY EX’S THREATS?
QUESTION: My ex boyfriend is threatening to "run away" with our child. He says that if he calls every 2 days to tell us where they are that it can not be considered kidnapping. I also overheard him talking about filing for custody. What steps can I take to keep him from taking our baby, and work on claiming custody for myself?
MY RESPONSE: File and prosecute a Paternity case against the father. You would best retain an experienced Family Law Attorney to represent you 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 |
MY RESPONSE: File and prosecute a Paternity case against the father. You would best retain an experienced Family Law Attorney to represent you 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 DO I FILE FOR A CONTINUANCE?
QUESTION: I fired my attorney, and have not been able to replace her because my temporary support is in arrears. Discovery paperwork is due in a week. I have no idea how to file for a continuance, and am worried about the deadline. This is in California.
MY RESPONSE: What do you want to continue?
If you are seeking additional time to prepare, complete and serve your discovery responses, contact the attorney on the other side and ask for a 30-day extension of time to respond to that discovery (or if the attorney says that is too long, then ask for a 2-week extension), and if and/or when the extension is granted, ask the attorney to please confirm the extension in writing to you, and you should also send a letter, FAX or e-mail to that attorney, thanking him/her for granting you the extension - and set forth the particulars of the extension - to respond to what discovery - for how long, and state the new date when your responses will be due. Keep a copy of all extension letters. If the attorney doesn't grant you an extension, waste NO time conferring with an experienced Family Law Attorney regarding the discovery and your proposed responses, so that you can timely respond to that discovery. Have somebody other than you over the age of 18 serve your discovery responses and attach an unsigned copy of the proof of service to your original, signed discovery responses that are served, together with a verification under penalty of perjury signed by you. You would best get the assistance of an experienced Family Law Attorney regarding your discovery responses, as soon as possible.
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 |
MY RESPONSE: What do you want to continue?
If you are seeking additional time to prepare, complete and serve your discovery responses, contact the attorney on the other side and ask for a 30-day extension of time to respond to that discovery (or if the attorney says that is too long, then ask for a 2-week extension), and if and/or when the extension is granted, ask the attorney to please confirm the extension in writing to you, and you should also send a letter, FAX or e-mail to that attorney, thanking him/her for granting you the extension - and set forth the particulars of the extension - to respond to what discovery - for how long, and state the new date when your responses will be due. Keep a copy of all extension letters. If the attorney doesn't grant you an extension, waste NO time conferring with an experienced Family Law Attorney regarding the discovery and your proposed responses, so that you can timely respond to that discovery. Have somebody other than you over the age of 18 serve your discovery responses and attach an unsigned copy of the proof of service to your original, signed discovery responses that are served, together with a verification under penalty of perjury signed by you. You would best get the assistance of an experienced Family Law Attorney regarding your discovery responses, as soon as possible.
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 YOU BE LEGALLY SEPARATED IN ONE STATE AND FILE A DIVORCE IN ANOTHER?
QUESTION: I filed legal separation in California and my husband filed divorce in Ohio. Which takes priority if the California legal separation was filed first?
MY RESPONSE: The title of your question is inconsistent with the body of your question. If you got a Judgment of legal separation in one state, you could get a divorce in another state - but that does not appear to be the question for which you sought an answer. In response to the body of your question, you are advised that the first case to be served gets priority. However, the party served with a legal separation case can respond by requesting that the Court dissolve the marriage. Also, there may be constitutional due process problems in a legal separation case or a dissolution of marriage case filed in a state with which the served party has not had sufficient "minimum contacts"; in such a case, the Court in that state would only have jurisdiction to affect the legal status of the parties (i.e., a legal separation or a status dissolution of marriage), but not to adjudicate such things as property division or support - unless the other party submits to the jurisdiction of that state by filing a response or general appearance 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 |
MY RESPONSE: The title of your question is inconsistent with the body of your question. If you got a Judgment of legal separation in one state, you could get a divorce in another state - but that does not appear to be the question for which you sought an answer. In response to the body of your question, you are advised that the first case to be served gets priority. However, the party served with a legal separation case can respond by requesting that the Court dissolve the marriage. Also, there may be constitutional due process problems in a legal separation case or a dissolution of marriage case filed in a state with which the served party has not had sufficient "minimum contacts"; in such a case, the Court in that state would only have jurisdiction to affect the legal status of the parties (i.e., a legal separation or a status dissolution of marriage), but not to adjudicate such things as property division or support - unless the other party submits to the jurisdiction of that state by filing a response or general appearance 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 GET A DEFAULT DIVORCE?
QUESTION: I can't get spouse to respond to the stipulation to divorce. He also failed to respond to the petition within 30 days. My Attorney doesn't want me to get a default judgment why not? I want this over with.
MY RESPONSE: You should ask your attorney why he/she does not want to go by way of default. If your husband has not responded to the papers served on him and is not cooperating with settlement efforts, there is no available option other than default to get a divorce.
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 |
MY RESPONSE: You should ask your attorney why he/she does not want to go by way of default. If your husband has not responded to the papers served on him and is not cooperating with settlement efforts, there is no available option other than default to get a divorce.
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 |
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