QUESTION: Is there any way to get child custody determined without a court order or at least without an expensive attorney? If both parents agree on a parenting plan and sign and have it notarized, is there any legality to it? Or is there any other document that I can use in that manner?
MY RESPONSE: It is best to have a court order regarding custody, but it isn't always necessary to have a trial or hearing to establish custody and obtain a child custody order.
If you have a pending Paternity case, if you and the other parent agree on a Parenting Plan, you and the other parent can prepare, sign and file a Stipulation and Order and/or Judgment setting forth your Parenting Plan, the Order on which the Judge can sign.
If you don't have a pending Paternity case, you need to file one and have it served on the other parent, and then prepare, sign (and have the other parent sign) and file a Stipulation and Order and/or Judgment, as noted above.
If you and the other parent cannot agree on a Parenting Plan, the child custody matter will need to be submitted to the Court by way of an Order to Show Cause in the Paternity case, to get a child custody order.
If you file an Order to Show Cause, you and the other parent will be required to mediate the child custody matter in an effort to resolve it, and if you are unable to accomplish a mediation result that is acceptable to both parents, the issue of child custody will be heard by the Court.
You would be wise to at least consult (if not retain) an experienced Family Law Attorney regarding any proposed Paternity case, Stipulation and Order, or Judgment before you prepare any such case or document.
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, June 30, 2011
Wednesday, June 29, 2011
CAN I GET CHILD SUPPORT AND ONE OF OUR THREE HOMES IN OUR DIVORCE?
QUESTION: We have been married 15 years. We have two boys. We have our family home, plus three ( 3) other homes that are just in my husband's name. If we get a divorce, will I be able to get child support plus one of our other homes?
MY RESPONSE: Your question is difficult to answer because I would need more detailed information, including the circumstances under which your husband received sole title to the three other homes, information about the purchase loans on those homes and any refinances, information about the fair market value and obligations due on each of the homes, and well as information about your income, your husband's income, and your and your husband's custodial timeshare, in order to provide you a measured response.
Your question implies that your family home is community property.
Depending on the facts, the three other homes may be your husband's separate property, community property, or mixed separate and community property.
Whether you can receive one of the homes in a divorce depends upon whether it is community property and whether there is sufficient offsetting community property that your husband can receive to equalize the equity you receive in the home that want to receive.
Child support will be based on on facts specific to your situation, including your husband's income, your income, and the custodial timeshare of your children that you and your husband receive.
In addition, based on your husband's income, your income, the marital lifestyle, and other facts specific to your situation, you may be entitled to an order for spoual support and attorney's fees. Due to the length of your marriage and the fact that you and your husband have two children, spousal support would likely be payable until either party's death or your remarriage.
You would best consult and retain an experienced Family Law Attorney to represent you in your 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: Your question is difficult to answer because I would need more detailed information, including the circumstances under which your husband received sole title to the three other homes, information about the purchase loans on those homes and any refinances, information about the fair market value and obligations due on each of the homes, and well as information about your income, your husband's income, and your and your husband's custodial timeshare, in order to provide you a measured response.
Your question implies that your family home is community property.
Depending on the facts, the three other homes may be your husband's separate property, community property, or mixed separate and community property.
Whether you can receive one of the homes in a divorce depends upon whether it is community property and whether there is sufficient offsetting community property that your husband can receive to equalize the equity you receive in the home that want to receive.
Child support will be based on on facts specific to your situation, including your husband's income, your income, and the custodial timeshare of your children that you and your husband receive.
In addition, based on your husband's income, your income, the marital lifestyle, and other facts specific to your situation, you may be entitled to an order for spoual support and attorney's fees. Due to the length of your marriage and the fact that you and your husband have two children, spousal support would likely be payable until either party's death or your remarriage.
You would best consult and retain an experienced Family Law Attorney to represent you in your 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 |
Tuesday, June 28, 2011
CAN I GET CUSTODY OF MY HUSBAND'S DAUGHTER?
QUESTION: Can I get child custody if the child chooses to stay with me? I was married for 7 years and never adopted my husbands 2 children from a previous marriage. Now we are divorcing. Can I get custody of the 13 year old if she chooses to stay with me?
MY RESPONSE:
That is a difficult and sensitive issue to deal with.
I recognize that there may have been significant bonding between you and your husband's children, but if you did not adopt his children, you would not have the rights of a parent.
The children's mother and father have parental rights regarding the children.
Also, courts are reluctant to separate children from a marriage - they typically leave all the children with one or the other parent.
I am not saying that you should not seek custody of the 13 year old, because there may be a longshot chance that if the facts strongly support your getting her custody and her parents not getting her custody, you might possibly get her custody.
You would best consult with and retain an experienced Family Law Attorney to represent you in your 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:
That is a difficult and sensitive issue to deal with.
I recognize that there may have been significant bonding between you and your husband's children, but if you did not adopt his children, you would not have the rights of a parent.
The children's mother and father have parental rights regarding the children.
Also, courts are reluctant to separate children from a marriage - they typically leave all the children with one or the other parent.
I am not saying that you should not seek custody of the 13 year old, because there may be a longshot chance that if the facts strongly support your getting her custody and her parents not getting her custody, you might possibly get her custody.
You would best consult with and retain an experienced Family Law Attorney to represent you in your 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 |
Monday, June 27, 2011
WHAT HAPPENS TO SPOUSAL SUPPORT WHEN A CHILD IS EMANCIPATED?
QUESTION: When a supported child becomes emancipated, does spousal support increase, if so, why, and by how much? We were married fo 25 years. Also is there a set time limit as to when receiving spouse should resume normal work?
MY RESPONSE: Until January 1, 2014 (the "sunset date" of the applicable legislation - unless the legislature extends the cutoff date), if child support terminates pursuant to Family Code Section 3901(a) [i.e, if your unmarried child turns 18, or is a full-time high school student, is not self-supporting, and completes the 12th grade or attains the age of 19, whichever occurs first], then pursuant to Family Code Section 4326, the supported spouse can file a Motion to modify spousal support upwards no later than six (6) months from the date the child support order terminates (with certain statutory exceptions).
That code section may later be extended, or it may expire on December 1, 2013, as the legislature deems appropriate.
If your use of the word "emancipated" refers to the child coming of age as addressed hereinabove, the supported spouse can timely seek and obtain relief pursuant to Family Code Section 3901(a).
Whereas that Section does not address the emancipation of the supported child occurs in another manner, i.e., through proceedings for emancipation, marrying, joining the military service, or becoming self-supporting, in the event that child support payments are ceased as a result of such emancipation, it would be wise for the supported spouse to file a Motion or Order to Show Cause to modify Spousal Support, within the six (6) month period after child support ceased, and argue to the Court that Family Code Section 4326 should, by analogy, be applicable to allow modification of Spousal Support based on cutoff of child support due to emancipation, as it is based on cutoff of child support because of a child coming of age.
There is no particular time limit as to when your ex-wife should become self supporting, but you could request that the Court issue a Gavron warning, if one has not been issued to your ex-wife already.
Your terminology "should resume normal work" implies that your ex-wife previously had a normal job.
At such time as you deem that your ex-wife should have "resumed normal work", you could file a Motion to terminate or modify spousal support (downwards), to have the Court issue a Gavron warning (if she wasn't so warned previously), and to have your ex-wife examined by a Vocational Training Consultant, in an effort to adduce evidence that income should be imputed to your ex-wife by the Court, with the intended result of minimizing or terminating her spousal 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 |
MY RESPONSE: Until January 1, 2014 (the "sunset date" of the applicable legislation - unless the legislature extends the cutoff date), if child support terminates pursuant to Family Code Section 3901(a) [i.e, if your unmarried child turns 18, or is a full-time high school student, is not self-supporting, and completes the 12th grade or attains the age of 19, whichever occurs first], then pursuant to Family Code Section 4326, the supported spouse can file a Motion to modify spousal support upwards no later than six (6) months from the date the child support order terminates (with certain statutory exceptions).
That code section may later be extended, or it may expire on December 1, 2013, as the legislature deems appropriate.
If your use of the word "emancipated" refers to the child coming of age as addressed hereinabove, the supported spouse can timely seek and obtain relief pursuant to Family Code Section 3901(a).
Whereas that Section does not address the emancipation of the supported child occurs in another manner, i.e., through proceedings for emancipation, marrying, joining the military service, or becoming self-supporting, in the event that child support payments are ceased as a result of such emancipation, it would be wise for the supported spouse to file a Motion or Order to Show Cause to modify Spousal Support, within the six (6) month period after child support ceased, and argue to the Court that Family Code Section 4326 should, by analogy, be applicable to allow modification of Spousal Support based on cutoff of child support due to emancipation, as it is based on cutoff of child support because of a child coming of age.
There is no particular time limit as to when your ex-wife should become self supporting, but you could request that the Court issue a Gavron warning, if one has not been issued to your ex-wife already.
Your terminology "should resume normal work" implies that your ex-wife previously had a normal job.
At such time as you deem that your ex-wife should have "resumed normal work", you could file a Motion to terminate or modify spousal support (downwards), to have the Court issue a Gavron warning (if she wasn't so warned previously), and to have your ex-wife examined by a Vocational Training Consultant, in an effort to adduce evidence that income should be imputed to your ex-wife by the Court, with the intended result of minimizing or terminating her spousal 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 |
Sunday, June 26, 2011
CAN I WRITE MY OWN PREMARITAL AGREEMENT?
QUESTION: Is it legal for me to write my own premarital agreement or do I need an attorney?
MY RESPONSE:
It is legal for you to write your own premarital agreement, but for many reasons, it would be unwise for you to do that, unless you are a California Family Law Attorney or at least well educated and/or versed in California Family Law, but even then, you may lack the objectivity needed to prepare an adequate or enforceable premarital agreement.
You may not be familiar, or sufficiently familiar, with, among other things, the statutory and appellate case law relating to things that your premarital agreement addresses or should address and/or relating to how and when the premarital agreement should be presented to your prospective spouse, with a cover letter saying what, resulting in either a premarital agreement that is unenforceable, or a premarital agreement that has provisions against your own interests, and you won't be able to use your own ignorance as a defense to a premarital agreement that you write badly.
Also, your fiance' will need to consult with a California Family Law Attorney regarding the premarital agreement, and if she doesn't, it will more than likely render the premarital agreement unenforceable.
If you have assets and rights worthy of protecting with a premarital agreement, you should seek the services of an experienced California Family Law Attorney to advise and counsel you and to prepare the premarital agreement on your behalf.
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:
It is legal for you to write your own premarital agreement, but for many reasons, it would be unwise for you to do that, unless you are a California Family Law Attorney or at least well educated and/or versed in California Family Law, but even then, you may lack the objectivity needed to prepare an adequate or enforceable premarital agreement.
You may not be familiar, or sufficiently familiar, with, among other things, the statutory and appellate case law relating to things that your premarital agreement addresses or should address and/or relating to how and when the premarital agreement should be presented to your prospective spouse, with a cover letter saying what, resulting in either a premarital agreement that is unenforceable, or a premarital agreement that has provisions against your own interests, and you won't be able to use your own ignorance as a defense to a premarital agreement that you write badly.
Also, your fiance' will need to consult with a California Family Law Attorney regarding the premarital agreement, and if she doesn't, it will more than likely render the premarital agreement unenforceable.
If you have assets and rights worthy of protecting with a premarital agreement, you should seek the services of an experienced California Family Law Attorney to advise and counsel you and to prepare the premarital agreement on your behalf.
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 MY MARITAL AFFAIRS AFFECT MY DIVORCE?
QUESTION: What will happen if I was at fault for divorce? I have been married 17 years. We have 2 children, a 10 year old son and a 14 year old daughter. Over 17 years we had 2 affairs. We should have divorced a long time ago but due to the kids and bills stayed married. W just went thru bankruptcy and have spent the last 1 month living apart. My son lives with me and my daughter with my wife at her parents. A couple of weeks ago wife decides she was going to keep my son, allowing me to see him when she decides. My son wants to be with me! So the question is: what happens in a divorce if I was at fault (affairs)? I will not contest divorce. I am scared nervous and lost. Thank you
MY RESPONSE:
Don't be scared. California is a no-fault divorce state.
If your wife wants a divorce, the Court will give it to her based simply on a generic claim of "irreconcilable differences". Fault is not an issue in a divorce. Whatever affair(s) you may have had should not impact the issue of child custody.
California determines child custody based on the quality of the relationship and parenting of the respective parents with the children.
Protect yourself, your rights, and your relationship with each of your children by timely and properly responding to the papers that were served and actively participating in the divorce proceedings, to avoid becoming their victim.
You would best retain an experienced Family Law Attorney to represent you in your divorce/custody 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:
Don't be scared. California is a no-fault divorce state.
If your wife wants a divorce, the Court will give it to her based simply on a generic claim of "irreconcilable differences". Fault is not an issue in a divorce. Whatever affair(s) you may have had should not impact the issue of child custody.
California determines child custody based on the quality of the relationship and parenting of the respective parents with the children.
Protect yourself, your rights, and your relationship with each of your children by timely and properly responding to the papers that were served and actively participating in the divorce proceedings, to avoid becoming their victim.
You would best retain an experienced Family Law Attorney to represent you in your divorce/custody 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 |
Friday, June 24, 2011
CAN A BIPOLAR FATHER GET CUSTODY IN A DIVORCE?
QUESTION: Detail: My wife knows that I was diagnosed with bipolar disorder and will mention this in court. Will this affect my custody of my daughter?
MY RESPONSE: Many factors are involved in the Court's determination of child custody, including the quality of parties' respective relationships with their children and each other, and the parties' respective parenting abilities.
Testimony about your bipolar disorder might influence the Court's determination of child custody.
There are likely valid evidentiary objections that a seasoned Family Law Attorney could make to your wife's (or her attorney's) attempt to get evidence regarding your bipolar disorder before the Court.
In the event that those evidentiary objections are not sustained by the Court, if you are taking medication prescribed for your condition and your condition is under control, you could testify to those facts, and if your testimony is believed by the Court, your bipolar condition should not affect your ability to get custody of your daughter.
It would be preferable to interpose evidentiary objections in an effort to prevent your wife's evidence regarding your bipolar condition from getting before the court in the first place.
If that evidence is excluded by the Court, you wouldn't need to defend against it.
If that evidence comes in and you testify that your condition is controlled by medication, you risk the possibility that your wife (and/or others) could controvert that defense, and the Court would have a dilemma as to whom to believe as to whether or not your condition is controlled, potentially affecting the Court's determination of child custody.
You would best retain an experienced Family Law Attorney to represent you in your divorce/custody matter.
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: Many factors are involved in the Court's determination of child custody, including the quality of parties' respective relationships with their children and each other, and the parties' respective parenting abilities.
Testimony about your bipolar disorder might influence the Court's determination of child custody.
There are likely valid evidentiary objections that a seasoned Family Law Attorney could make to your wife's (or her attorney's) attempt to get evidence regarding your bipolar disorder before the Court.
In the event that those evidentiary objections are not sustained by the Court, if you are taking medication prescribed for your condition and your condition is under control, you could testify to those facts, and if your testimony is believed by the Court, your bipolar condition should not affect your ability to get custody of your daughter.
It would be preferable to interpose evidentiary objections in an effort to prevent your wife's evidence regarding your bipolar condition from getting before the court in the first place.
If that evidence is excluded by the Court, you wouldn't need to defend against it.
If that evidence comes in and you testify that your condition is controlled by medication, you risk the possibility that your wife (and/or others) could controvert that defense, and the Court would have a dilemma as to whom to believe as to whether or not your condition is controlled, potentially affecting the Court's determination of child custody.
You would best retain an experienced Family Law Attorney to represent you in your divorce/custody matter.
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 LINE OF WORK AFFECT CHILD CUSTODY?
QUESTION: I work in an adult club only 3 nights a week but make more money than my husband. Can this affect the custody of my children?
MY RESPONSE: It shouldn't. Child Custody is based on the quality of parenting, not the type of employment of the parents.
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: It shouldn't. Child Custody is based on the quality of parenting, not the type of employment of the parents.
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, June 22, 2011
CAN I GET SPOUSAL SUPPORT IF I LOST MY JOB?
QUESTION: Is losing your job a reason to get spousal support? Can I get spousal support if I was fired from my job?
MY RESPONSE: Assuming that you are going through a divorce, or that in the divorce judgment, jurisdiction was reserved regarding spousal support for you, and that your divorcing spouse or former spouse is gainfully employed, you can seek spousal support, and likely receive an order for spousal support.
If your divorcing spouse or former spouse can prove to the Court that jobs are available within reasonable geographical proximity for which you are qualified to work, the Court could impute income to you, which may affect the amount of spousal support payable to you, or even whether or not the Court would order spousal support payable to you.
You should make a diligent effort to try to become re-employed, and keep detailed records of your efforts to become re-employed and the responses you received to those efforts, to demonstrate to the Court that you have been seeking employment.
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: Assuming that you are going through a divorce, or that in the divorce judgment, jurisdiction was reserved regarding spousal support for you, and that your divorcing spouse or former spouse is gainfully employed, you can seek spousal support, and likely receive an order for spousal support.
If your divorcing spouse or former spouse can prove to the Court that jobs are available within reasonable geographical proximity for which you are qualified to work, the Court could impute income to you, which may affect the amount of spousal support payable to you, or even whether or not the Court would order spousal support payable to you.
You should make a diligent effort to try to become re-employed, and keep detailed records of your efforts to become re-employed and the responses you received to those efforts, to demonstrate to the Court that you have been seeking employment.
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 |
Tuesday, June 21, 2011
HOW CAN MY FIANCE' GET PHYSICAL CUSTODY OF HIS DAUGHTER?
QUESTION: How can my fiance gain physical custody if he already has legal custody?
My fiance and I have been raising his daughter for 3 years and he has legal custody.
What does he need to do in order to get physical custody?
Our parenting plan states the mother is only responsible for their daughter from Friday after school, to Sunday by 8pm, and the father gets his daughter the remaining days.
Does that mean we have physical custody already? If not, what does he need to do?
The mother is threatening to take us to court and get full custody and child support. Is that possible? She has no job and is living with someone else under her roof. Is she still able to get full custody?
MY RESPONSE: From what you write, your fiance' already has primary physical custody of his daughter.
The facts that the child's mother is unemployed, and living with someone, are likely not relevant to an Order to Show Cause to modify Child Custody and Child Support, unless there is something significantly unsavory about her roommate.
I assume, from your indication that the parties already have a "parenting plan", that a Paternity case has already been filed, and that the parenting plan has been made an Order of the Court.
If your fiance' fears that his daughter's mother will file an Order to Show Cause for custody of his daughter, your fiance' should promptly interview experienced Family Law Attorneys and retain the attorney he feels most confident in, to represent him to oppose the mother's Order to Show Cause.
If no Paternity case has been filed, and the parenting plan is merely an agreement between the parties, your fiance' should retain an experienced Family Law Attorney as addressed above, to file a Paternity case and an Order to Show Cause to seek the primary custody of his 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 fiance and I have been raising his daughter for 3 years and he has legal custody.
What does he need to do in order to get physical custody?
Our parenting plan states the mother is only responsible for their daughter from Friday after school, to Sunday by 8pm, and the father gets his daughter the remaining days.
Does that mean we have physical custody already? If not, what does he need to do?
The mother is threatening to take us to court and get full custody and child support. Is that possible? She has no job and is living with someone else under her roof. Is she still able to get full custody?
MY RESPONSE: From what you write, your fiance' already has primary physical custody of his daughter.
The facts that the child's mother is unemployed, and living with someone, are likely not relevant to an Order to Show Cause to modify Child Custody and Child Support, unless there is something significantly unsavory about her roommate.
I assume, from your indication that the parties already have a "parenting plan", that a Paternity case has already been filed, and that the parenting plan has been made an Order of the Court.
If your fiance' fears that his daughter's mother will file an Order to Show Cause for custody of his daughter, your fiance' should promptly interview experienced Family Law Attorneys and retain the attorney he feels most confident in, to represent him to oppose the mother's Order to Show Cause.
If no Paternity case has been filed, and the parenting plan is merely an agreement between the parties, your fiance' should retain an experienced Family Law Attorney as addressed above, to file a Paternity case and an Order to Show Cause to seek the primary custody of his 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 |
WHAT HAPPENS TO CUSTODY IF MY EX GETS DEPORTED?
QUESTION: What happens to our family if my ex gets deported during our custody battle? What happens to my daughter if her dad/my ex gets deported and we are in the middle of a custody battle?
MY RESPONSE: The obvious answer is that he gets sent out of the U.S., likely to his place of origin, and the rest of your family would likely stay here.
The more practical answer is that you will likely get custody of your children if he is deported, unless the evidence in the family law case is persuasive against you, and is heard before your ex gets deported.
The likelihood and cause of his deportation should be addressed to the Court.
You would best retain an experienced Family Law Attorney to represent you in your child custody 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 obvious answer is that he gets sent out of the U.S., likely to his place of origin, and the rest of your family would likely stay here.
The more practical answer is that you will likely get custody of your children if he is deported, unless the evidence in the family law case is persuasive against you, and is heard before your ex gets deported.
The likelihood and cause of his deportation should be addressed to the Court.
You would best retain an experienced Family Law Attorney to represent you in your child custody 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 I GET SOLE LEGAL CUSTODY IF WE STILL LIVE TOGETHER?
QUESTION: Can I get full custody of the kids if we live together? We are filing for divorce, but still intend on living together for several reasons. Can I get full custody of our 2 children (an 8 and 10 year old) under this arrangement? I don't think my husband should be allowed to make any parental decisions.
MY RESPONSE: You appear to be addressing legal custody: the right to make decisions regarding the education, health and welfare of your children.
You haven't addressed physical custody in your question.
If your husband stipulates to a Judgment granting you sole legal custody, you can get sole legal custody.
If he doesn't stipulate to you getting sole legal custody, you will need to address your request, your reasons, and the facts in support of your reasons to the Court in an appropriate proceeding.
You haven't provided your reasons why you don't think your husband shouldn't be allowed to make parental decisions.
You should consult, if not retain, an experienced Family Law Attorney to address the facts, and preferably to represent you in your divorce and child custody proceedings.
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 appear to be addressing legal custody: the right to make decisions regarding the education, health and welfare of your children.
You haven't addressed physical custody in your question.
If your husband stipulates to a Judgment granting you sole legal custody, you can get sole legal custody.
If he doesn't stipulate to you getting sole legal custody, you will need to address your request, your reasons, and the facts in support of your reasons to the Court in an appropriate proceeding.
You haven't provided your reasons why you don't think your husband shouldn't be allowed to make parental decisions.
You should consult, if not retain, an experienced Family Law Attorney to address the facts, and preferably to represent you in your divorce and child custody proceedings.
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, June 15, 2011
HOW DO I GET MY MARRIAGE ANNULLED?
QUESTION: I want to start over completely. How do I get an annulment of my marriage?
MY RESPONSE: You can get an annulment of your marriage ONLY if the grounds and facts in support of annulment exist in your marriage.
You don't get to choose to annul a marriage just because you want to erase it.
The most common ground for annulment is fraud, but it must be a material fraud going to the very heart of the relationship.
The smartest way to seek an annulment is to check both the box for Nullity of Marriage and the box for Dissolution of Marriage on your Petition, so that the Court can grant you a divorce in case it finds that your grounds or your facts in support of annulment do not satisfy the requirements for an annulment.
If you feel that your spouse defrauded you into entering into the marriage, you should at least consult, if not retain, an experienced Family Law Attorney to discuss the fraud and evaluate whether or not the facts relating to that fraud may be sufficient to justify the Court granting an annulment.
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 can get an annulment of your marriage ONLY if the grounds and facts in support of annulment exist in your marriage.
You don't get to choose to annul a marriage just because you want to erase it.
The most common ground for annulment is fraud, but it must be a material fraud going to the very heart of the relationship.
The smartest way to seek an annulment is to check both the box for Nullity of Marriage and the box for Dissolution of Marriage on your Petition, so that the Court can grant you a divorce in case it finds that your grounds or your facts in support of annulment do not satisfy the requirements for an annulment.
If you feel that your spouse defrauded you into entering into the marriage, you should at least consult, if not retain, an experienced Family Law Attorney to discuss the fraud and evaluate whether or not the facts relating to that fraud may be sufficient to justify the Court granting an annulment.
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 FULL CUSTODY IF MY WIFE DOESN'T HAVE A JOB?
QUESTION: I am separated from my wife, who is unemployed and not making any effort to find employment. Can I get full custody of my children if my wife doesn't have a job?
MY RESPONSE: Employment isn't a prerequisite to getting child custody. Being a good parent is.
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: Employment isn't a prerequisite to getting child custody. Being a good parent is.
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 12, 2011
IN WHAT STATE SHOULD WE FILE FOR DIVORCE?
QUESTION: Do we file for a divorce where we live now or where we got married? We were married in a different state and then moved to a new state after a few years. If we are filing for divorce, do we have to file where we originally got married or can we file for a divorce where we live now?
MY RESPONSE: Ordinarily, "we" don't file for Divorce.
Only one party files the Petition, unless it is a joint Petition for Summary Dissolution of Marriage.
You file the Divorce in the state in which you reside, after you have satisfied the minimum residency requirements of that state to file for Dissolution of Marriage.
In California, you must be a resident of the state for six months and a resident of your county for three months, before you can file to dissolve your 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: Ordinarily, "we" don't file for Divorce.
Only one party files the Petition, unless it is a joint Petition for Summary Dissolution of Marriage.
You file the Divorce in the state in which you reside, after you have satisfied the minimum residency requirements of that state to file for Dissolution of Marriage.
In California, you must be a resident of the state for six months and a resident of your county for three months, before you can file to dissolve your 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 |
DO WE HAVE A DEFAULT DIVORCE IF WE AGREE ON THE ISSUES?
QUESTION: What is a default divorce? My spouse and I have don't have any disputes over how to proceed with the divorce. Is this considered a default divorce? Will this speed up the process if it is considered as such? Do they have default divorces here?
MY RESPONSE: It isn't a "default divorce" if you and your husband agree how the issues should be settled.
A "default divorce" is a divorce where the respondent fails to file a response, the Petitioner files a request to enter the Respondent's default, and proceeds after the Respondent's default is entered by way of a default hearing.
You would be better off not to default in your divorce, but instead to enter into a Stipulated Judgment without your default being entered.
It is faster and easier to settle the case that way, and leaves you less vulnerable to surprise.
You should consult with an experienced Family Law Attorney to ensure that you are well advised as to your rights and obligations, to avoid the risk that you may be misinformed and may be giving up valuable rights.
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: It isn't a "default divorce" if you and your husband agree how the issues should be settled.
A "default divorce" is a divorce where the respondent fails to file a response, the Petitioner files a request to enter the Respondent's default, and proceeds after the Respondent's default is entered by way of a default hearing.
You would be better off not to default in your divorce, but instead to enter into a Stipulated Judgment without your default being entered.
It is faster and easier to settle the case that way, and leaves you less vulnerable to surprise.
You should consult with an experienced Family Law Attorney to ensure that you are well advised as to your rights and obligations, to avoid the risk that you may be misinformed and may be giving up valuable rights.
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 FINANCIAL SUPPORT CAN I GET FROM MY HUSBAND WHO JUST LEFT ME?
QUESTION: What financial support can I get from my husband who just left me? My husband just left me for another woman, and we have a 1 year old baby together. How much does he need to pay for child support and we also own a car together, does he still need to pay for my car?
MY RESPONSE: You should file and serve a Divorce case and an Order to Show Cause for Child Custody, Child Support, Spousal Support, and Attorney's fees. You would best be represented by an experienced Family Law Attorney.
Temporary Spousal Support is set by a guideline in your county, based on your husband's income and your income.
Temporary Child Support is set by a guideline in your county, based on your husband's income, your income, and the percentage of your husband's custodial timeshare.
It is unlikely that the Court would order your husband to make your car payments, in addition to Child Support and Spousal Support.
If your husband earns substantially more than you do, you would qualify for an order requiring your husband to pay all or at least some of your attorney's fees.
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 file and serve a Divorce case and an Order to Show Cause for Child Custody, Child Support, Spousal Support, and Attorney's fees. You would best be represented by an experienced Family Law Attorney.
Temporary Spousal Support is set by a guideline in your county, based on your husband's income and your income.
Temporary Child Support is set by a guideline in your county, based on your husband's income, your income, and the percentage of your husband's custodial timeshare.
It is unlikely that the Court would order your husband to make your car payments, in addition to Child Support and Spousal Support.
If your husband earns substantially more than you do, you would qualify for an order requiring your husband to pay all or at least some of your attorney's fees.
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 I HAVE TO LET MY SON VISIT HIS SUBSTANCE-ABUSING OUT OF CONTROL FATHER?
QUESTION: Do I have to let my son visit his father if he has substance abuse problems? Our divorce decree says I have full custody of my son. My ex-husband has liberal visitation. He has a drug and alcohol problem and is presently out of control! I fear for the safety of my family! Do I have to take my 7 year old son to him?
MY RESPONSE: I don't know "liberal visitation" means, if that was all that was specified in the divorce Judgment. It is difficult or impossible to enforce "liberal visitation", since "liberal visitation" lacks the specificity required to determine what visitation is required, when, and for how long.
If the Judgment contained more specific language than "liberal visitation", I would need to see the visitation provisions to advise you what you should and should not do in connection with his visitation.
I don't know what conduct your ex-husband has manifested as a result of his drug and alcohol problem, how you know that he currently has a drug and alcohol problem, or what has caused you to fear for the safety of your family, so I can't tell you whether or not you have to take your son to your ex-husband.
The best thing you should do is to consult, if not retain, an experienced Family Law Attorney to review the custody and visitation orders in the Judgment, discuss the specifics of what has been happening as well as what you know and your sources of information, to get the advice of the attorney as to your options.
If you have strong, admissible evidence, your attorney should file an Order to Show Cause to modify visitation, to seek its termination and/or seek orders that your ex-husband's visitation be supervised by a professional visitation monitor, paid by your ex-husband.
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: I don't know "liberal visitation" means, if that was all that was specified in the divorce Judgment. It is difficult or impossible to enforce "liberal visitation", since "liberal visitation" lacks the specificity required to determine what visitation is required, when, and for how long.
If the Judgment contained more specific language than "liberal visitation", I would need to see the visitation provisions to advise you what you should and should not do in connection with his visitation.
I don't know what conduct your ex-husband has manifested as a result of his drug and alcohol problem, how you know that he currently has a drug and alcohol problem, or what has caused you to fear for the safety of your family, so I can't tell you whether or not you have to take your son to your ex-husband.
The best thing you should do is to consult, if not retain, an experienced Family Law Attorney to review the custody and visitation orders in the Judgment, discuss the specifics of what has been happening as well as what you know and your sources of information, to get the advice of the attorney as to your options.
If you have strong, admissible evidence, your attorney should file an Order to Show Cause to modify visitation, to seek its termination and/or seek orders that your ex-husband's visitation be supervised by a professional visitation monitor, paid by your ex-husband.
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 SOON AFTER MY DIVORCE CAN I GET MARRIED AGAIN?
QUESTION: How long do I have to wait before I can get married again? Are there any laws stating how long I have to wait to get remarried after a divorce? I am getting ready to leave my husband.
MY RESPONSE: You can get remarried the day that the Court enters your divorce Judgment in its official records. If you want to get remarried, you needn't wait if you don't have to. However, the Court will not grant a divorce Judgment until at least six (6) months after your husband is served with the Summons and Petition in your 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: You can get remarried the day that the Court enters your divorce Judgment in its official records. If you want to get remarried, you needn't wait if you don't have to. However, the Court will not grant a divorce Judgment until at least six (6) months after your husband is served with the Summons and Petition in your 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 SHOULD I DO IF MY SPOUSE COULDN'T BE SERVED WITHIN 30 DAYS?
QUESTION: What if my spouse did not get served with divorce papers within the 30 days of filing? I filed for divorce on 05/07/2011 and submitted my papers to be served to my ex-spouse on 05/21/2010. However, he has not been served yet and it is now past the 30 days I had to serve him. What happens now and how does this affect me?
MY RESPONSE: You did not indicate to whom you submitted the papers to be served on your spouse. If you submitted them to a private process server, the private process server should know how to substitute serve your spouse if your spouse could not be located and served after three attempts. If substitute service isn't possible, you may need to have your spouse served via publication after a private investigator has diligently endeavored to locate your spouse, without success. You would best have at least a face-to-face consultation with an experienced Family Law Attorney, if not retain the attorney, to get your case served and moving.
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 did not indicate to whom you submitted the papers to be served on your spouse. If you submitted them to a private process server, the private process server should know how to substitute serve your spouse if your spouse could not be located and served after three attempts. If substitute service isn't possible, you may need to have your spouse served via publication after a private investigator has diligently endeavored to locate your spouse, without success. You would best have at least a face-to-face consultation with an experienced Family Law Attorney, if not retain the attorney, to get your case served and moving.
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 MY CHILD SUPPORT OBLIGATION REDUCED IF I HAVE A NEW FAMILY?
QUESTION: How can I get my child support reduced? I pay $800 a month in child support and now I have a new family to take care of too. I don't make enough to do all this. What can I do to get my child support reduced so I can live too?
MY RESPONSE: File an Order to Show Cause to modify Child Support requesting a Family Code Section 4071(a)(2) hardship deduction, and in your factual supporting declaration, address the minor children of your new family that you have to support (your new wife doesn't qualify for reducing your support), in an effort for the court to reduce the amount of support you have to pay for your supported child.
You would best be represented in your OSC by an experienced Family Law Attorney, inasmuch as it is discretionary as to whether or not the Court will grant you a hardship deduction for the children of your new family.
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 an Order to Show Cause to modify Child Support requesting a Family Code Section 4071(a)(2) hardship deduction, and in your factual supporting declaration, address the minor children of your new family that you have to support (your new wife doesn't qualify for reducing your support), in an effort for the court to reduce the amount of support you have to pay for your supported child.
You would best be represented in your OSC by an experienced Family Law Attorney, inasmuch as it is discretionary as to whether or not the Court will grant you a hardship deduction for the children of your new family.
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 CHANGE CUSTODY AND SUPPORT FOR MY 13-YEAR OLD SON
QUESTION: How can I change child custody and stop child support? My 13 year old son, who lives with his mother, would like to come live with my new wife and me. I was wondering if you could tell me the steps I need to take to change the custody order and stop child support.
MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you if you are seeking to modify child custody to get custody of your 13-year old son and modify child support.
The Court may or may not consider your son's wishes, and there are factors specific to your and your ex-wife's relationships with your son and each other beyond your son's wishes that will likely need to be presented to the Court in order to persuade the Court to change custody.
Child Support is based on each parent's income and the parental timeshare of the parties, and lacking specifics on those (and lacking the Court's decision as to custody), I can't guess what the Court's Child Support order might be if you received your son's custody, because your ex-wife would get SOME custody or visitation (i.e., her relationship and contact with your son won't be totally terminated), and I don't know what you earn and what she earns, but if you get primary custody, one party will likely be ordered to pay SOME child support to the other - and if your income is substantially higher than your ex-wife's income, you could still have a Child Support obligation in SOME amount to your ex-wife after you receive primary custody of your son.
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 would best retain an experienced Family Law Attorney to represent you if you are seeking to modify child custody to get custody of your 13-year old son and modify child support.
The Court may or may not consider your son's wishes, and there are factors specific to your and your ex-wife's relationships with your son and each other beyond your son's wishes that will likely need to be presented to the Court in order to persuade the Court to change custody.
Child Support is based on each parent's income and the parental timeshare of the parties, and lacking specifics on those (and lacking the Court's decision as to custody), I can't guess what the Court's Child Support order might be if you received your son's custody, because your ex-wife would get SOME custody or visitation (i.e., her relationship and contact with your son won't be totally terminated), and I don't know what you earn and what she earns, but if you get primary custody, one party will likely be ordered to pay SOME child support to the other - and if your income is substantially higher than your ex-wife's income, you could still have a Child Support obligation in SOME amount to your ex-wife after you receive primary custody of your son.
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 EXCLUDE MY SPOUSE FROM OUR HOME AFTER SERVICE OF DIVORCE PAPERS?
QUESTION: Is there a way to mandate that someone leave the house during divorce? If someone is served divorce papers, do they have to leave the house? If not, then is there a way to request it?
MY RESPONSE: Service of a divorce case on a spouse is not an eviction notice requiring that spouse to move out.
Many couples going through divorce remain in the same home, for economic reasons, because the costs of living are greater for separate homes than they are for one home. However, the parties should sleep in different parts of the home, avoid negative interaction, and keep the peace - violence or threats of violence could result in Domestic Violence Restraining Orders which could exclude the offender from the home.
You could request that your spouse leave the home, but absent violence or threats of violence, there is no way to compel your spouse to leave the home.
Do not make false claims of violence or threats of violence, because they are inappropriate and can backfire on 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 |
MY RESPONSE: Service of a divorce case on a spouse is not an eviction notice requiring that spouse to move out.
Many couples going through divorce remain in the same home, for economic reasons, because the costs of living are greater for separate homes than they are for one home. However, the parties should sleep in different parts of the home, avoid negative interaction, and keep the peace - violence or threats of violence could result in Domestic Violence Restraining Orders which could exclude the offender from the home.
You could request that your spouse leave the home, but absent violence or threats of violence, there is no way to compel your spouse to leave the home.
Do not make false claims of violence or threats of violence, because they are inappropriate and can backfire on 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 |
WHAT SHOULD I DO IF MY WIFE'S DIVORCE WASN'T FINAL WHEN WE GOT MARRIED?
QUESTION: Is our marriage void if my wife was married at the time? I was married 3 months before my wife's divorce was finalized. Is our marriage void? Or is there a way to fix the current marraige certificate?
MY RESPONSE: Remarry your wife ASAP. Your marriage to your new "wife" is void. In order for your new wife to get derivative Social Security rights retroactive to the date of your marriage, you should not delay remarrying her, because the date of your new marriage [i.e., the date when you re-marry her] will be the starting date for the ten years of marriage required for your new wife to claim derivative Social Security benefits based on your Social Security contributions.
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: Remarry your wife ASAP. Your marriage to your new "wife" is void. In order for your new wife to get derivative Social Security rights retroactive to the date of your marriage, you should not delay remarrying her, because the date of your new marriage [i.e., the date when you re-marry her] will be the starting date for the ten years of marriage required for your new wife to claim derivative Social Security benefits based on your Social Security contributions.
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 FULL CUSTODY OF MY UNBORN CHILD?
QUESTION: How can I get full custody before my ex gets out of jail if my child isn't born yet?
I was wondering how I would get full custody? I am 20 years old. My ex boyfriend is 23 yrs old and is currently in jail due to burglary and attempted theft, and has similar convictions in his prior criminal history. He keeps writing me about getting a paternity test to get joint custody over my child that's not even here yet. He hasn't had a job in over a year and I don't want my child to have anything to do with him. He is a bad person to be around and I'm scared my child would be in danger. What am i supposed to do seeing how I only have 26 days before my son is born?
MY RESPONSE: Retain an experienced Family Law Attorney to file and serve a Paternity case under the Uniform Parentage Act, requesting full custody to you and no custody or visitation to the father, attaching a Declaration to your Petition to Establish Parental Relationship containing facts justifying why the father should have no custody or visitation rights.
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 |
I was wondering how I would get full custody? I am 20 years old. My ex boyfriend is 23 yrs old and is currently in jail due to burglary and attempted theft, and has similar convictions in his prior criminal history. He keeps writing me about getting a paternity test to get joint custody over my child that's not even here yet. He hasn't had a job in over a year and I don't want my child to have anything to do with him. He is a bad person to be around and I'm scared my child would be in danger. What am i supposed to do seeing how I only have 26 days before my son is born?
MY RESPONSE: Retain an experienced Family Law Attorney to file and serve a Paternity case under the Uniform Parentage Act, requesting full custody to you and no custody or visitation to the father, attaching a Declaration to your Petition to Establish Parental Relationship containing facts justifying why the father should have no custody or visitation rights.
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 FATHER ISN'T ON THE BIRTH CERTIFICATE, CAN HE BE ORDERED TO PAY CHILD SUPPORT?
QUESTION: Does the father have to be on the birth certificate in order to be required to pay support? Does a mother have to put a father on a birth certificate in order for him to pay child support??
MY RESPONSE: It doesn't matter whether or not the father is on the child's birth certificate. If he is the child's biological father, he can be required to pay child support.
A DNA test can establish whether or not he is the child's father.
You can seek child support through your local county's child support agency, or by way of a paternity case. The child support agency attorneys are free of charge, but they tend to work slowly, they don't represent you and they will be hard or impossible for you to reach by telephone.
If you would prefer to seek child support by way of a Paternity case, you would likely need to retain an experienced Family Lawyer to prepare and prosecute the paternity case, at your expense (although you might be able to get an order that the father pay some of your attorney's fees), and the father could seek rights in the paternity case that he could not seek through the child support agency case. A private attorney would represent you and would likely work much faster and be far easier to reach than a child support agency attorney, but you would have to pay for his/her services.
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: It doesn't matter whether or not the father is on the child's birth certificate. If he is the child's biological father, he can be required to pay child support.
A DNA test can establish whether or not he is the child's father.
You can seek child support through your local county's child support agency, or by way of a paternity case. The child support agency attorneys are free of charge, but they tend to work slowly, they don't represent you and they will be hard or impossible for you to reach by telephone.
If you would prefer to seek child support by way of a Paternity case, you would likely need to retain an experienced Family Lawyer to prepare and prosecute the paternity case, at your expense (although you might be able to get an order that the father pay some of your attorney's fees), and the father could seek rights in the paternity case that he could not seek through the child support agency case. A private attorney would represent you and would likely work much faster and be far easier to reach than a child support agency attorney, but you would have to pay for his/her services.
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 MY HUSBAND GET CUSTODY OF HIS DAUGHTER?
QUESTION: How can my husband get custody of his daughter?
What does my husband need to do to gain custody of his daughter? He has a court date to get her legitimized and it is non-contested
MY RESPONSE: I assume from your question that your husband or his attorney filed a Paternity case (under the Uniform Parenting Act) seeking a Judgment that he is the father of his daughter.
If my assumption is correct, in Section 8 of his Petition to Establish Parental Relationship, he should have requested custody and visitation, and attached a Declaration providing facts in support of his requested custody and visitation orders.
If his case is set for trial, or hearing on Order to Show Cause, and the mother was served but didn't respond, he should come to the trial or hearing prepared to testify, and I would anticipate that the Court would make custody and/or visitation orders at that trial or hearing.
If the mother comes to the hearing and tries to testify, your husband should object to her testifying if she didn't respond to his Petition or his Order to Show Cause - but be aware that notwithstanding your objection, the Judicial Officer may or may not allow her to testify, in his/her exercise of discretion on those important issues.
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 does my husband need to do to gain custody of his daughter? He has a court date to get her legitimized and it is non-contested
MY RESPONSE: I assume from your question that your husband or his attorney filed a Paternity case (under the Uniform Parenting Act) seeking a Judgment that he is the father of his daughter.
If my assumption is correct, in Section 8 of his Petition to Establish Parental Relationship, he should have requested custody and visitation, and attached a Declaration providing facts in support of his requested custody and visitation orders.
If his case is set for trial, or hearing on Order to Show Cause, and the mother was served but didn't respond, he should come to the trial or hearing prepared to testify, and I would anticipate that the Court would make custody and/or visitation orders at that trial or hearing.
If the mother comes to the hearing and tries to testify, your husband should object to her testifying if she didn't respond to his Petition or his Order to Show Cause - but be aware that notwithstanding your objection, the Judicial Officer may or may not allow her to testify, in his/her exercise of discretion on those important issues.
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 |
Monday, June 6, 2011
HOW DO I CONTEST MY DAUGHTER'S NAME CHANGE?
QUESTION: How do I contest my daughter's name change? My ex sent me papers in the mail notifying me of a name change for my daughter. Am I served even though I did not sign for them? Also how do i contest it?
MY RESPONSE: You don't need to sign to get served. If you want to contest your daughter's name change, you can file and serve a Declaration opposing the name change setting forth your reasons for your opposition, and show up at the scheduled hearing to testify. You should consider the alienation that might occur to your relationship with your daughter if you oppose something she wants for herself, before you decide whether or not to contest her name change. On the other hand, if your ex is filing to change the name of your minor daughter, and you don't want her name changed, you would best consult with, if not retain, and experienced Family Law Attorney to contest the name change.
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 don't need to sign to get served. If you want to contest your daughter's name change, you can file and serve a Declaration opposing the name change setting forth your reasons for your opposition, and show up at the scheduled hearing to testify. You should consider the alienation that might occur to your relationship with your daughter if you oppose something she wants for herself, before you decide whether or not to contest her name change. On the other hand, if your ex is filing to change the name of your minor daughter, and you don't want her name changed, you would best consult with, if not retain, and experienced Family Law Attorney to contest the name change.
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 COLLECT CHILD SUPPORT ARREARAGES AFTER MY SON DIED?
QUESTION: Am I still entitled to child support arrears? I have a court order for support for my son, but his father never paid any payments. Can I still collect those payments? My son was 29 years old when he passed away 2 years ago. His father is and has been working full time and owns his home and never paid anything.
MY RESPONSE: There is no statute of limitations on collection of Child Support arrearages. The Child Support arrearages are due because they were due from your son's father to help you to support your son during his minority. Your son's subsequent death does not deprive you of your right to collect those arrearages. Consult with and/or retain an experienced Family Law Attorney to obtain a writ of execution to have it levied upon your son's father's employer to garnish his wages.
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 no statute of limitations on collection of Child Support arrearages. The Child Support arrearages are due because they were due from your son's father to help you to support your son during his minority. Your son's subsequent death does not deprive you of your right to collect those arrearages. Consult with and/or retain an experienced Family Law Attorney to obtain a writ of execution to have it levied upon your son's father's employer to garnish his wages.
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 OUT OF STATE VISITATION?
QUESTION: How can I get out of state child visitation? I am the non custodial parent with joint custody and I moved out of state. I have bought plane tickets from Missouri to California for my 14 yr. old daughter and 8 yr. old son, and now my ex is denying the visitation with the only excuse being she doesn't want them to fly alone. I was denied as well last year, what should I do?
MY RESPONSE: You would best retain an experienced Family Law Attorney in the county in which the divorce case is filed, to file an Order to Show Cause to obtain orders from the Court setting forth the "rules" applicable to both parties for your out-of-state visitation, proposing rules that you (and your attorney) feel are reasonable. Upon receiving the Court's orders, you will know what you need to do, and those orders will be binding on your ex-wife.
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 would best retain an experienced Family Law Attorney in the county in which the divorce case is filed, to file an Order to Show Cause to obtain orders from the Court setting forth the "rules" applicable to both parties for your out-of-state visitation, proposing rules that you (and your attorney) feel are reasonable. Upon receiving the Court's orders, you will know what you need to do, and those orders will be binding on your ex-wife.
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 |
Saturday, June 4, 2011
IS MY DIVORCE CASE STILL VIABLE?
QUESTION: Is my divorce case still good? I filed for a divorce in 2008. My spouse did not respond, and went into default. However, the divorce was never finalized. Is that divorce petition still valid?
MY RESPONSE: You would have received notice from the Court of the Court's own Motion to Dismiss for failure to diligently procedure if the Court had set such a Motion.
The Petition is likely still valid, but you had better move quickly to avoid the Court's own Motion to dismiss for failure to diligently prosecute the case.
After five years, the law mandates dismissal if the case hasn't been brought to trial or settlement, and your county may have rules requiring earlier dismissal for failure to diligently prosecute.
You would best retain an experienced Family Law Attorney to finish your divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 would have received notice from the Court of the Court's own Motion to Dismiss for failure to diligently procedure if the Court had set such a Motion.
The Petition is likely still valid, but you had better move quickly to avoid the Court's own Motion to dismiss for failure to diligently prosecute the case.
After five years, the law mandates dismissal if the case hasn't been brought to trial or settlement, and your county may have rules requiring earlier dismissal for failure to diligently prosecute.
You would best retain an experienced Family Law Attorney to finish your divorce case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 DOES AN UNMARRIED MOTHER GET CHILD CUSTODY?
QUESTION: How do I get child custody if I wasn't married to the father? My boyfriend and I broke up. We have an 18month daughter. How can I get custody?
MY RESPONSE: The best way to seek and get custody, if you can afford it, would be to retain an experienced Family Law Attorney to represent you. If you can't afford an attorney, you will need to file a Paternity case under the Uniform Parentage Act and litigate against your former boyfriend. If he makes a good living, you may be able to obtain an attorney fee order to assist in paying your attorney's fees. You should at least consult an experienced Family Law Attorney to determine your options and their costs, and you shouldn't 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 |
MY RESPONSE: The best way to seek and get custody, if you can afford it, would be to retain an experienced Family Law Attorney to represent you. If you can't afford an attorney, you will need to file a Paternity case under the Uniform Parentage Act and litigate against your former boyfriend. If he makes a good living, you may be able to obtain an attorney fee order to assist in paying your attorney's fees. You should at least consult an experienced Family Law Attorney to determine your options and their costs, and you shouldn't 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 |
Thursday, June 2, 2011
DO I NEED TO INCLUDE MY CHILD IN MY DIVORCE PETITION?
QUESTION: How does my upcoming divorce legally involve my child? I can't afford an attorney, and am researching filing on my own, but I have one major question to clarify first. I separated from my mentally unstable, mental/emotionally abusive, drug/alcohol addicted husband 3 yrs ago. I would like to finally divorce him. I have a 5 year old child who was born well before the marriage, for whom no father is listed on the birth certificate and no paternity is established. He is most likely not my husband's child. Do I have to include him in the divorce? My husband has never had any interest in him, has not attempted any relationship with him before or since the split, and has provided no support. Because of my husband's abuse and instability, I would like to omit my child from the divorce if possible, out of genuine fear for my child's safety and well-being.
MY RESPONSE: Under the circumstances that you list, you would be justified to exclude/omit your child from the Petition, i.e., not to list your child as a child 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: Under the circumstances that you list, you would be justified to exclude/omit your child from the Petition, i.e., not to list your child as a child 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 |
Wednesday, June 1, 2011
CAN I STILL GET A DIVORCE IF I FILED A DISMISSAL WITH PREJUDICE?
QUESTION: Can I still get a divorce after filing a dismissal with prejudice? I filed for divorce after being married for only one month. A few weeks later after filing my husband convinced me to stop the divorce and I did. After counseling and trying to work it out I still want a divorce. Come to find out I filed a "dismissal with prejudice" can I still get a divorce?
MY ANSWER: Notwithstanding your grievous error, I know of no Judge who would leave you forever bound to the carcass of a dead marriage. File and serve a new divorce case and proceed to judgment.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 ANSWER: Notwithstanding your grievous error, I know of no Judge who would leave you forever bound to the carcass of a dead marriage. File and serve a new divorce case and proceed to judgment.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Divorce Lawyer and Family Law Attorney 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 CHILD SUPPORT FROM MY CHILD'S UNEMPLOYED FATHER?
QUESTION: Can you get child support if the father is financially unstable? Is there any chance I will need to give my son's father (we were never married) child support even if my son who is 2 year old lives with me? I have a professional degree and he lives off his girlfriend. I keep hearing situations where the mom gives the dad child support even if he is a loser.
MY ANSWER: Child Support is based on each party's income and the parties' respective timeshares.
If your son's father has no income, but has some custodial (or visitation) time, there is a fair chance that he could get an order requiring you to pay child support to him, albeit not likely a significant amount.
You could file a Motion to compel your son's father to submit to a Vocational Examination with a Vocational Training Counselor pursuant to Family Code Section 4331 in an effort to obtain expert witness evidence to impute income to your son's father, but you would likely have to pay the examiner's fees.
You could request that the Court order your son's father to attend designated job training, job placement and vocational rehabilitation and work programs, at regular intervals and times for durations specified by the Court, and that your son's father provide documentation reflecting his participation in those programs, pursunt to Family Code Section 3558.
You could request that the Court order your son's father to submit lists of the places where he has applied for employment, pursuant to Family Code Section 4505.
If you are aware of your son's father's employment history, you could perform a LeBass and Munsie classified ad search to demonstrate to the Court that opportunities to bargain are available to your son's father, in an effort to get the Court to impute income to the father.
In sum, if you do nothing, you are at the greatest risk of a Child Support order, whereas if you are proactive, you might receive an award of Child Support payable by the child's father.
You would best be represented by an experienced Family Law Attorney if you choose to so minimize your risks and maximize your potential gain.
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 ANSWER: Child Support is based on each party's income and the parties' respective timeshares.
If your son's father has no income, but has some custodial (or visitation) time, there is a fair chance that he could get an order requiring you to pay child support to him, albeit not likely a significant amount.
You could file a Motion to compel your son's father to submit to a Vocational Examination with a Vocational Training Counselor pursuant to Family Code Section 4331 in an effort to obtain expert witness evidence to impute income to your son's father, but you would likely have to pay the examiner's fees.
You could request that the Court order your son's father to attend designated job training, job placement and vocational rehabilitation and work programs, at regular intervals and times for durations specified by the Court, and that your son's father provide documentation reflecting his participation in those programs, pursunt to Family Code Section 3558.
You could request that the Court order your son's father to submit lists of the places where he has applied for employment, pursuant to Family Code Section 4505.
If you are aware of your son's father's employment history, you could perform a LeBass and Munsie classified ad search to demonstrate to the Court that opportunities to bargain are available to your son's father, in an effort to get the Court to impute income to the father.
In sum, if you do nothing, you are at the greatest risk of a Child Support order, whereas if you are proactive, you might receive an award of Child Support payable by the child's father.
You would best be represented by an experienced Family Law Attorney if you choose to so minimize your risks and maximize your potential gain.
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 FINALIZE MY DIVORCE WITHOUT MY SPOUSE'S SIGNATURE?
QUESTION: How can I finalize my divorce without a signature? My wife, the petitioner, will not sign settlement agreement. Can I (the respondent) cross-petition for a settlement conference and agreement?
MY ANSWER: Unfortunately, you can't compel someone to enter an agreement.
To move your case along, you should file a Request for Trial Setting (or whatever similar document used in your county to have a Trial and a Mandatory Settlement Conference set).
If your wife agreed to the terms of the settlement, but is refusing to sign the settlement agreement, you could call her to ask her why she is refusing to sign, and determine whether or not that problem is resolvable short of requesting a Trial and MSC, i.e., by minor term modifications if agreeable with 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 |
You could address your wife's conduct and refusal at the time the Court hears attorney's fee issues, and her conduct might justify a Family Code Section 271 Sanctions Motion.
MY ANSWER: Unfortunately, you can't compel someone to enter an agreement.
To move your case along, you should file a Request for Trial Setting (or whatever similar document used in your county to have a Trial and a Mandatory Settlement Conference set).
If your wife agreed to the terms of the settlement, but is refusing to sign the settlement agreement, you could call her to ask her why she is refusing to sign, and determine whether or not that problem is resolvable short of requesting a Trial and MSC, i.e., by minor term modifications if agreeable with 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 |
You could address your wife's conduct and refusal at the time the Court hears attorney's fee issues, and her conduct might justify a Family Code Section 271 Sanctions Motion.
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