QUESTION: My ex is trying to prevent me from having my kids, saying that I do not have a relationship with them. She wants me to spend time in California before I can bring them to Oklahoma, when she knows I cannot afford an extended stay. We have joint custody. Can she do this?
MY RESPONSE:
You apparently moved from California to Oklahoma, so whatever joint physical custody orders that are currently in effect would likely not work under your present circumstances.
You should file an Order to Show Cause [OSC] in the California case to modify child custody to enable you to have the children with you in Oklahoma for significant periods of time (i.e., school holidays, summer vacation, etc.), and to allow you to visit the children in California as well if your time and finances permit.
You may need to bear the children's travel expenses because you moved from California, but you could request that the Court require those travel expenses to be paid 50/50 by each party.
You would best retain an experienced Family Law Attorney to represent you in connection with your OSC.
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 |
Thursday, October 27, 2011
WHAT SHOULD I DO TO MOVE TO TEXAS WITH MY CHILDREN?
QUESTION: What would the first step be to try to relocate from California to Texas with children from a previous marriage? The mother has sole physical custody, but the visitation is close to 50% with the father. Also, what kind of chances would the mother have of being able to relocate with the kids? The father has a recent misdemeanor of child endangerment.
MY RESPONSE:
Retain an experienced Family Law Attorney to file an OSC (Order to Show Cause) for a modification of child custody and for approval by the Court of the mother's move-away with the children.
The father's misdemeanor conviction for child endangerment should help, especially if it was for endangering one or more of the children of the marriage.
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:
Retain an experienced Family Law Attorney to file an OSC (Order to Show Cause) for a modification of child custody and for approval by the Court of the mother's move-away with the children.
The father's misdemeanor conviction for child endangerment should help, especially if it was for endangering one or more of the children of the marriage.
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 BOYFRIEND’S WIFE FILE A NEW DIVORCE CASE?
QUESTION: My boyfriend filed his petition for divorce 6 months ago in California. He is still in the process of finishing the paperwork. It is a long complicated process. Anyway, now his ex has decided that she is also going to file another set of papers. She was served, but did not file a Response, so can she file another petition for divorce?
MY RESPONSE:
So long as your boyfriend's wife was properly served, and a properly completed and signed Proof of Service was been filed with the clerk of the court (note that a party is not allowed to serve another party), your boyfriend's Divorce case is the only one that can exist. If the Proof of Service has not yet been filed, file it.
If his wife files and serves another Divorce case, your boyfriend will need to file a Motion in that case to Quash service and to dismiss that 2nd Divorce case, and attach to his Declaration a copy of the Petition and Summons in the 1st filed case, along with a conformed copy of the Proof of Service.
Inasmuch as you indicate that the process of finalizing your boyfriend's divorce is a long, complicated process, he should at least consult, if not retain, an experienced Family Law Attorney.
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:
So long as your boyfriend's wife was properly served, and a properly completed and signed Proof of Service was been filed with the clerk of the court (note that a party is not allowed to serve another party), your boyfriend's Divorce case is the only one that can exist. If the Proof of Service has not yet been filed, file it.
If his wife files and serves another Divorce case, your boyfriend will need to file a Motion in that case to Quash service and to dismiss that 2nd Divorce case, and attach to his Declaration a copy of the Petition and Summons in the 1st filed case, along with a conformed copy of the Proof of Service.
Inasmuch as you indicate that the process of finalizing your boyfriend's divorce is a long, complicated process, he should at least consult, if not retain, an experienced Family Law Attorney.
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 DIVORCE COURT ORDER MY HUSAND TO GET ME U.S. CITIZENSHIP?
QUESTION: My U.S. citizen husband wants to divorce me. Can the court force him to get me U.S. citizenship or some amount of money?
MY RESPONSE:
If the divorce is in California, your husband can divorce you on the grounds of irreconcilable differences: he wants a divorce and you don't.
The Court can't force your husband to give you citizenship.
You may have rights to community property, spousal support, and attorney's fees.
You should at least consult an experienced Family Law Attorney regarding the particulars of your situation, and you would best retain an experienced Family Law Attorney to represent you 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 |
MY RESPONSE:
If the divorce is in California, your husband can divorce you on the grounds of irreconcilable differences: he wants a divorce and you don't.
The Court can't force your husband to give you citizenship.
You may have rights to community property, spousal support, and attorney's fees.
You should at least consult an experienced Family Law Attorney regarding the particulars of your situation, and you would best retain an experienced Family Law Attorney to represent you 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 |
DOES MY EX-HUSBAND STAND A CHANCE IN SPOUSAL SUPPORT, CHILD SUPPORT OR CUSTODY?
QUESTION: I have sole legal and physical custody of my son. I divorced his father 7 years ago. He is now seeking alimony and 50/50 custody. He never attended one of the divorce hearings. Does he stand a chance in court?
MY RESPONSE:
Whether or not your ex-husband stands a chance on his Order to Show Cause [OSC] for alimony, child support, and 50/50 custody depends on details particular to your situation and the divorce Judgment that was entered in your case.
If the Judgment reserved jurisdiction on the issue of Spousal Support (alimony), and if you earn more than your ex-husband earns (or if he is unemployed or unable to work) it is possible that your ex-husband could get an order requiring you to pay Spousal Support.
I don't know the basis of your ex-husband's request for 50/50 child custody since you didn't reveal that basis in your question, so I cannot predict his chances on that matter, but if he hasn’t seen your son for 7 years, it is unlikely that the Court would grant him significant time with your son. The fact that your ex-husband didn't participate in the divorce process may or may not influence the Court.
Child Support is always modifiable based on the parties’ respective incomes and their percentages of custodial timeshare.
You should at least consult an experienced Family Law Attorney regarding your ex-husband's OSC, and you would best retain an experienced Family Law Attorney to represent you in connection with that OSC 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:
Whether or not your ex-husband stands a chance on his Order to Show Cause [OSC] for alimony, child support, and 50/50 custody depends on details particular to your situation and the divorce Judgment that was entered in your case.
If the Judgment reserved jurisdiction on the issue of Spousal Support (alimony), and if you earn more than your ex-husband earns (or if he is unemployed or unable to work) it is possible that your ex-husband could get an order requiring you to pay Spousal Support.
I don't know the basis of your ex-husband's request for 50/50 child custody since you didn't reveal that basis in your question, so I cannot predict his chances on that matter, but if he hasn’t seen your son for 7 years, it is unlikely that the Court would grant him significant time with your son. The fact that your ex-husband didn't participate in the divorce process may or may not influence the Court.
Child Support is always modifiable based on the parties’ respective incomes and their percentages of custodial timeshare.
You should at least consult an experienced Family Law Attorney regarding your ex-husband's OSC, and you would best retain an experienced Family Law Attorney to represent you in connection with that OSC 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 |
Wednesday, October 12, 2011
IF MY HUSBAND CHEATED ON ME, CAN I GET MORE MONEY IN OUR DIVORCE?
QUESTION: Is it true that if my husband is cheating on me I can get more money in the divorce? What kind of evidence do I need for this?
MY RESPONSE:
California has no-fault divorce.
You don't get extra money if your husband cheated on you unless you can prove that he diverted community funds and/or assets to his girlfriend, or that he spent community funds on his relationship - in which case, you should be able to obtain reimbursement of your 1/2 community share of those diverted/spent funds or assets.
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:
California has no-fault divorce.
You don't get extra money if your husband cheated on you unless you can prove that he diverted community funds and/or assets to his girlfriend, or that he spent community funds on his relationship - in which case, you should be able to obtain reimbursement of your 1/2 community share of those diverted/spent funds or assets.
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 CUSTODY RIGHTS AS A FATHER?
QUESTION: I have a seven month old son with a woman I could vent about for a week. After she announced her pregnancy, I immediately moved into her house (from my apt to her couch). After the birth, we agreed to live together for the first year (with the understanding that we have had no intention of being "a couple") for support of the child. I changed my job and housing so that I can do my part to take care of him (I have him about 75% of the time). I truly believe his mother is an awful person, and she is now threatening to take him away. We have taken no steps legally, as of yet. What do I need to do to protect what ever rights this sexist system offers?
MY RESPONSE:
An attitude adjustment would help - don't vote against success or you will guarantee failure.
You would best retain an experienced Family Law Attorney to counsel and represent you in a Paternity case under the Uniform Parentage Act.
If you come across to the Judge in that case as a responsible, caring, appropriate parent, you might end up with an award of sole or primary custody of your child.
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:
An attitude adjustment would help - don't vote against success or you will guarantee failure.
You would best retain an experienced Family Law Attorney to counsel and represent you in a Paternity case under the Uniform Parentage Act.
If you come across to the Judge in that case as a responsible, caring, appropriate parent, you might end up with an award of sole or primary custody of your child.
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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