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CAN MY EX-WIFE MOVE THE KIDS OUT OF CALIF. WITHOUT MY APPROVAL?

QUESTION: My ex-wife and I share 50/50 legal custody and 70/30 physical custody. She has been living with her parents for the past 9 years. She doesn't have a job. Her parents are moving out of state and she wants to move with them. How can I contest the move of my kids and gain full custody? =============================================== MY RESPONSE: If you do nothing, she will succeed. Retain an experienced Family Law Attorney to represent you in an RFO (Request for Order, formerly called an Order to Show Cause) seeking Orders that the children not be moved out of California. Whether or not you can gain full custody of your children would be based on factors that were not addressed in your question. =============================================== 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 PAY CHILD SUPPORT FOR A DISABLED ADULT CHILD?

QUESTION: My ex is trying to make me pay for a child who is 20 years of age. She claims he is disabled, yet he is attending college and living on his own in a dorm. When does child support stop for a disabled child if he was disabled. And how do I prove he is not disabled? ============================================== MY RESPONSE: A parent can be ordered by the Court to pay child support for a disabled adult child of the marriage. You can file an RFO (Request for Order, formerly called a Motion) for your expert Medical Doctor (or Psychiatrist or Psychologist, depending on the claimed disability) to examine the adult child (at your expense), and you can file an RFO (formerly called Order to Show Cause) to terminate support for your adult child, based on your expert's opinion, if the expert's opinion is that your adult child is not disabled. You will need to have your expert testify at the hearing on your RFO. ============================================== 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 PREVENT MY WIFE FROM TAKING MY DAUGHTER AND EVERYTHING THAT I HAVE?

QUESTION: My wife is threatening to leave me. How do I keep my wife from taking my daughter and everything I have? =============================================== MY RESPONSE: File a Divorce case and have it served on your wife. The reverse side of the Summons contains automatic Temporary Restraining Orders which are effective against your wife upon service. Given the nature and content of your question, you would best 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 |

IS AN ANNULMENT THE SAME AS A DIVORCE?

QUESTION: I would like to permanently separate from my husband without going through the divorce process or having that on record. Could I get my marriage annulled to avoid a public record? =============================================== MY RESPONSE: An annulment is very different from a divorce, but both types of cases are in the public records. There are very limited specific grounds and time limits for an annulment, and you would have to appear in Court to testify to provide evidence relevant to those grounds, and unless the Court is persuaded by your evidence that sufficient grounds exist for an annulment, the Court would deny the annulment. If you wish to end your marriage, you would best file a Petition for Dissolution of Marriage - you could also check the box for Annulment as well, but you shouldn't file only for Annulment, because if the Court denies an Annulment, you would want to get a divorce at the same hearing instead of having to start all over again by filing a separate divorce case at that point. You would best retain an experienced Family Law Attorney to advise and represent 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 |

HOW CAN MY CHILD VISIT HER FATHER IF I HAVE A RESTRAINING ORDER AGAINST HIS MOTHER?

QUESTION: I have a restraining order against my child's paternal grandmother. Is there anything that I should ask the judge for when we go to court for child custody and visitation? This is my first time dealing with family law and he has an attorney so I am a little nervous. =============================================== MY RESPONSE: If I understand your question correctly, you have a restraining order against the father's mother, and you are asking in essence how to address that matter to the Family Law court in your custody and visitation case against the father. You didn't indicate whether or not the child's father lives with his mother. You should bring at least four copies of the Restraining Order against the mother to the hearing - one for you, one for the other side, one for the Judge, and one for the court reporter. When the Court calls the case for hearing, advise the Judge of the Restraining Order, and ask the Court for orders that take that Restraining Order into consideration. You would best retain (if not consult with) an experienced Family Law Attorney as soon as possible, to discuss, strategize, and prepare testimony in question and answer sessions, and to come up with specific requests to address to the Court regarding protection of you and your child in connection with the Restraining Order against the mother. =============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

IS THE ORIGINAL OWNER ENTITLED TO A LARGER PORTION OF THE EQUITY?

QUESTION: California state scenario: a man owns a home. He marries a woman who moves into the home. Both live there for 7 years. They sell the home and move to a new home, live there for a few years, then sell and repeat this process a couple times over the period of an 18 year marriage. The couple plans to divorce and sell the home that they currently live in/own together. Question: is the man who owned the home to begin with entitled to any greater part of the equity that comes from the sale of the current home? =============================================== MY RESPONSE: Yes, to the extent that he or his forensic expert can trace funds from the sale of his former separate property home to the current home. Unless he has all of his escrow records from all of the homes and all of his banking records over that period of time (account statements and cancelled checks), such tracing can be a daunting or even impossible task because banks and other lenders typically keep their records for only seven years. =============================================== 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 WIFE LEFT ME; WHAT CAN I DO TO PROTECT MYSELF?

QUESTION: I have been married for 13 years. My wife left me at the house we live in. She's been gone for four days and she hasn't answered my calls. What can I do to protect myself ? Can I lock up the house so she can't get in while I'm at work? If I get a divorce do I have to pay alimony? What does the law say? =============================================== MY RESPONSE: What protection do you think you would need? You should not base what you do on a few online questions and answers. Interview experienced Family Law Attorneys and retain one without delay to advise, represent and protect 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 |

HOW IS CHILD SUPPORT APPORTIONED AMONG CHILDREN?

QUESTION: How is Child Support apportioned when you have more than one child? =============================================== MY RESPONSE: All of your children are entitled to Guideline Child Support. However, the way that Guideline Child Support is calculated where you have more than one child is to apportion child support in such a way that when the oldest child's Child Support ends (at age 18, or if still a full time high school student, then at the first date of completion of 12th grade or age 19), you wouldn't have to go back to Court for a modification of Child Support for the other two children. Using that form of calculation (as opposed to calculating a figure for all three children and dividing the number by three) results in the highest amount of support for the youngest child, next highest for the 2nd child, and lowest amount of support for the oldest child. =============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

CAN I BE PUT IN JAIL IF I AM BEHIND ON CHILD SUPPORT?

QUESTION: I was served with child support court papers. If I get behind on child support, what can happen to me? Could I be put in jail? ============================================== MY RESPONSE: You could be subject to a number of enforcement actions, including contempt, writ of execution against your wages or bank account, interception of your income tax refund, and suspension of any licenses that you may have (including driver's licences and professional licenses), if you are behind with your Child Support payments. If you are convicted of contempt, the possible penalties could include incarceration, although that is less likely in a first contempt conviction than in subsequent contempt convictions. If the reason you are in arrears on Child Support payments was that you lost your job, you may have a defense against contempt, but if you were collecting unemployment insurance payments, you should have paid something - so you could be convicted of contempt for failure to make at least partial payments while you were collecting unemployment insurance payments. Whether or not you have a defense to contempt, the arrearages continue to mount while you are not paying or fully paying your Child Support obligation in accordance with the Court's orders, and the arrears bear interest at the rate of 10% per annum. If you have lost your income or if your income has diminished, you are advised to quickly file an Order to Show Cause to modify your Child Support obligation, and you are admonished that the modification will not be retroactive, i.e., it won't affect the amount you already owe or the interest that has accrued and continues to accrue on that amount. ============================================== 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 SUSPEND VISITATION IF THE FATHER ISN'T PAYING CHILD SUPPORT?

QUESTION: The father of my child lives in AZ and I in CA. He wants to spend $80 to drive down to pick my son up for the summer. He has no job and no money, and is in arrears in Child Support, he hasn't paid since March. Can I suspend his visitation because he isn't supporting our son? ============================================== MY RESPONSE: No. The Child Support Orders and the Visitation Orders are separate and distinct Orders. You will be in contempt of court if you interfere with, suspend or prevent the father's visitation with the child/children. If the father is unemployed and not earning any money, it will likely be impossible to collect Child Support from him for the time being, but his Child Support Arrearage bears interest at 10% per annum, and should ultimately be collectible from him. When he becomes re-employed, you could seek the assistance of your local (California) governmental Child Support Agency to enforce payment of Child Support and Child Support Arrearages from him in Arizona. =============================================== 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 FILE FOR A DIVORCE IF MY HUSBAND LEFT THE STATE?

QUESTION: How can I file for divorce in California when my husband abandoned me and left the state. Do I hire someone to serve him papers in another state? What publications do you need to do in the newspaper? Thanks =============================================== MY RESPONSE: If you know where your husband is, hire a Process Server in the State and County in which he is living to serve your divorce case on him. It is far less expensive to serve somebody by a Process Server than to go through the necessary steps to obtain service by Publication; you can't serve your husband by Publication if you can locate him. To serve him by Publication, you need to have an investigator do a due diligence search in an effort to locate him, and if that search is unsuccessful, you would need to submit a Declaration of Due Diligence to the Court with an Application for permission to serve via Publication, to get a Court Order allowing Publication. =============================================== 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 FIND OUT IF I'M LEGALLY DIVORCED?

QUESTION: I was told over 7 months ago that my husband filed for divorce. I still have not heard anything or recieved any papers. I went to file myself and was advised not to because if he did and I also file for divorce, it will prolong the case. I want to know how can I find out if I am legally divorced? =============================================== MY RESPONSE: For you to be legally divorced, you would have had to be served with your husband's divorce papers (Summons, Petition, etc.). Since that did not occur, the possibilities are that your husband misinformed you about filing a divorce case or that he is "sitting" on the case and not proceeding to get a divorce. Since you have not been served in his case, you can file your own divorce case and have your husband served by a process server. The first case to be served will be the operative case. You should retain an experienced Family Law Attorney to represent you, or if you can't afford an attorney, you should go to your local Superior Court's self-help clinic for assistance from a volunteer attorney. =============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

WHAT IS THE PROCESS FOR FILING FOR CUSTODY AFTER MY BABY IS BORN?

QUESTION: My baby is not due until September but I want to know how the process goes if I file for full custody of my child after he is born. The father is supposed to go to jail for a DUI and ever since I got pregnant he has been very possessive and controlling and already threatened me to court but I didnt do anything to bring that upon myself and at this point I don't trust him and as of right now I'm not putting him on the birth certificate and I don't want him at the hospital when the baby is born. He doesnt have a job and he hasn't had one for a while now, so he couldn't help financially anyway. How can I file for custody after the baby is born? =============================================== MY RESPONSE: You should retain an experienced Family Law Attorney to file and represent you in a Paternity suit under the Uniform Parentage Act if you desire child custody orders. =============================================== 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 I RECEIVE ANY MONEY FROM MY HUSBAND'S NON-PROFIT MEDICAL MARIJUANA BUSINESS?

QUESTION: My husband is sole officer of his medical marijuana business, and it's registered as a "health" non profit in CA. Could I argue it's not a true non profit? Could I use argument that the federal government doesn't view these businesses as non profit and actually views them as illegal? ============================================== MY RESPONSE: Merely because the business is registered as a non-profit business does not mean that its officer doesn't receive any income for running the business. Your husband's income from that business is community property, and anything purchased with that income is community property. In a divorce, your husband's income would be a source for calculation of, and his payment of, Spousal Support. Furthermore, if that business was started during the marriage, it is community property, and you may be entitled to an equalization payment for your community interest in that business. You would best retain an experienced Family Law Attorney to advise and 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 |

WILL I GET CUSTODY OF MY DAUGHTER?

QUESTION: I make more money then spouse. I live next my child's school and next to my mom, who will take care of my daughter while I am work. Do those facts entitle me to custody of my daughter? ============================================== MY RESPONSE: Child Custody is not based on a parent's income, nor is it based on proximity of that parent to the child's school or a family member who can provide child care while the parent works. Rather, it is a determination of which parent the child's best interests would best be served by an award of custody, based on the quality and quantity of the parents' respective relationships with the child, which parent has been the "primary parent" for the child, and the parents' history of cooperation or lack of cooperation with each other. You would best retain, or at least consult, an experienced Family Law Attorney in connection with 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 |

HOW MUCH OF MY 401K PLAN WILL MY SPOUSE GET?

QUESTION: In Missouri, I have been married 10 years but have had my 401k for 20 years. Will my spouse get it for only the 10 years we were married? ============================================== MY RESPONSE: If you are in Missouri, I don't know why you are asking that question to a California Family Lawyer. I know and practice only California Law. Were you divorcing in California, and were you married for 1/2 of the period during which you contributed to your 401K, your wife would have a 1/2 community interest in ONLY the 401K contributions made during the marriage until the date of separation plus or minus any gains or losses that occurred on the assets which were purchased with those contributions. Your wife would have no interest in the assets which were purchased with 401K contributions made before the marriage, and no interest in the assets which were purchased with 401K contributions after separation, both of which are your separate property. =============================================== This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

HOW CAN I FIND OUT IF I AM LEGALLY DIVORCED?

QUESTION: Without contacting my ex, how do I find out if I am legally divorced? Is there a way to look up public records? We haven't spoken in over 5 years and I was told they tried to find me to file papers, yet I never heard anything. =============================================== MY RESPONSE: Had there been a divorce, and had you been locatable by your "ex" or his attorney or investigator, you most likely would have been served with divorce papers. Only if you couldn't be located after diligent efforts, could your "ex" have served you by publication. The easiest way to find out would be to contact your (hopefully) ex and ask, and if he/she says that he/she divorced you, ask for the Court and the case number, and look up the case on the Court's website, and if it says that a Judgment of Dissolution of Marriage was filed and entered, go to the Court and purchase a copy of the Judgment. It would be far more difficult and expensive to search for the needle in a haystack that you would be doing to search all of the Court records each of the Superior Courts in your county and each county in which your "ex" has resided since separation - and you might not find anything because your "ex" would not have gotten a divorce. If your "ex"advises you that he/she didn't divorce you, you should try to work out an agreement with your "ex" to get a divorce, get your "ex's" address and contact information, and file and proceed with a divorce case. You are in the highest tax bracket, Married filing Separately, until you are divorced. If you can't reach your "ex", assume that there was no divorce, and file and proceed with a divorce case. You would best 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 |

HOW LONG CAN IT TAKE TO GET A DIVORCE JUDGMENT

QUESTION: How long will take from date of sending request to enter default to receive final judgment with termination date? ============================================== MY RESPONSE: It could take forever, unless you do a default prove-up, either by paper (if that is acceptable to your court) or at a default judgment prove-up hearing. You would best retain, if not consult, an experienced Family Law Attorney regarding how to complete your 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 |

DO I HAVE TO SUPPORT MY HUSBAND?

QUESTION: My my husband and I are Swedish citizens. We have been married for 25 years. 3 children 17, 22, 25 lives at home and goes to school. My husband has had good paying jobs (120k/year) until 3 years ago when he decided to quit his job. Since then he has not done anything and I became the bread winner. I make 100k a year. My husband had been cheating on me our entire marriage and now we are getting a divorce. He is moving back to Sweden and leaving us all behind. Do I have to pay allimony for him and what happens if I dont? Can he come after me from Sweden? =============================================== MY RESPONSE: You would best retain an experienced Family Law Attorney to handle your divorce and to seek and obtain admissible evidence of your husband's ability to work and opportunity to work, to persuade the Court to impute income to your husband and avoid having to pay Spousal Support to your husband. That would include doing appropriate legal discovery as to your husband's education, training and experience, possibly retaining a Vocational Consultant to interview your husband and do a labor market survey, and possibly doing a LeBass and Munsie classified ad search. These are things that an experienced attorney would likely perform if you are looking to avoid or minimize your exposure to Spousal Support. If your husband moved to Sweden, he could likely still enforce a Spousal Support order, through counsel in California. =============================================== 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 16 YEAR OLD SON LEAVE THE COUNTRY?

QUESTION: I am in the process of getting divorced. Can my 16 year old son leave the country with his grandmother if we both agree to let him go? ============================================== MY RESPONSE: Yes, but both of you should sign an agreement allowing your son to take the trip out of the country with his grandmother, and each keep copies of that agreement.

CAN I TERMINATE PARENTAL RIGHTS SO THAT MY HUSBAND CAN ADOPT?

QUESTION: My almost 5 year old son's dad has not been in his life since he was 6 weeks old. He has been in and out of prison since my son was born and is a registered sex offender. He has also been charged with drugs. He is currently in prison and is not due to be released until October 2013. My Husband who I have been with since I was 8 months pregnant and married to since my son was 3 months old wants to adopt my son. My son knows him as his daddy and that's all he has ever known. How do I go about terminating his father's parental rights so that my husband can adopt him? =============================================== MY RESPONSE: Your husband would best retain an experienced Adoption Attorney to represent him, if he wants to adopt your son. If the father has not supported or contacted his son for over a year, the Court will likely terminate his parental rights in the adoption process. However, if the father is in prison, the Court will bend over backwards to protect the father's rights, by appointing an attorney to represent the father in the adoption and parental termination proceedings, so your husband would be far better off having his own attorney represent him in the adoption.

CAN A JUDGE TAKE CUSTODY AND VISITATION AWAY FROM A PARENT?

QUESTION: Can a judge take custody and visitation away from a parent without proof that the allegations in order to show cause are true? =============================================== MY RESPONSE: It is more complicated than that. The allegations made in the Declaration in support of the Order to Show Cause, if unopposed, will likely be accepted by the Judge as true. If the Order to Show Cause is opposed, the Judge will consider the allegations made in the Responsive Declaration to the Order to Show Cause. If opposed, both parties will likely have the opportunity to testify at an evidentiary hearing on the Order to Show Cause. The Judge will consider the evidence from both sides and make a determination. If the Judge determines that it would be in the best interest of the child/children to change Child Custody, based on the evidence (whether on the legal documents or testimony at the evidentiary hearing), the Judge has the power to change Child Custody.

WHAT SHOULD I DO IF MY BANKRUPTCY PUT MY DIVORCE ON HOLD?

QUESTION: My ex-wife and I filed an MSA, but before it was final I also had to file bankruptcy. At this point the bankruptcy has been discharged, but my ex-wife and I still have an agreement. So what is now needed to get the divorce off hold at the court. I have filed a copy of the bankruptcy discharge with the divorce court. I have a status hearing coming up. With an agreement in place, and the bankruptcy discharged, will the court issue a final Judgment on the divorce on or before that status hearing date? Does the agreement need to be resubmitted with current dates? ============================================== MY RESPONSE: You can address your questions to the Judge at the Status Conference. If you want to accelerate the process, and if the terms and conditions of the MSA are still valid and acceptable, you could submit a brand new Judgment package to the Court, with a newly signed MSA, and all other appropriate documents needed to complete the divorce (including but not limited to a Judgment, Notice of Entry of Judgment in quadruplicate, Appearance Stipulations and Waivers, Declaration re Default or Uncontested Dissolution, self-addressed stamped envelopes, and extra copies of the documents for the clerk to conform), and your case will be in line for processing by the Judgment Clerk far earlier than it would be if you wait for the Status Conference.

CAN I SELL A CAR BEFORE FILING A DIVORCE AND HAVE IT PICKED UP AFTERWARDS?

QUESTION: My husband abandoned me and our 12 year old daughter almost 2 months ago and is not helping finacially towards the household or the child. Two weeks later I was laid off from a very good paying job (he knows that). I filed for a divorce. My question is: before the filing date I had sold a vehicle (for money I desperately needed to care for myself and our child) that had been sitting here for over 20 years; it was not running, and it was never registered to me or my husband. There is a document stating the last known owner lived in Tuscon, Az. The vehicle was picked up after the filing date. Can I get in trouble for this? I have absolutley no money to pay my bills and am far behind on them. =============================================== MY RESPONSE: Probably not. If you sold the car before the divorce was filed, you didn't violate the automatic temporary restraining orders [ATROs] on the reverse side of the Summons. The fact that the car was picked up after you filed likely won't make a difference. In any event, if you sold the car to pay for the necessities of life, the sale wouldn't violate

IS THERE A STATUTE OF LIMITATIONS ON COLLECTION OF ALIMONY?

QUESTION: My wife walked out on me over 3 years ago and I am now filing for divorce. Now she says she wants Alimoney are there any statue of limitations now that we were seperated for so long... We lived together for 2 years and 9 months after we were married I live in California. =============================================== MY RESPONSE: There is no statute of limitations against your wife's alimony claim, but you would have a good argument against spousal support - your wife has supported herself for the last three years without spousal support. If she does get a spousal support order, the Court will likely limit its duration to 1/2 of the length of the marriage to the date of separation.

AM I ENTITLED TO MY HUSBAND'S RETIREMENT?

QUESTION: I don't have a retirment plan, but my husband does. Am I entitled to it? =============================================== MY RESPONSE: You are entitled to your 1/2 community share of the retirement earned by your husband from the date of the marriage to the date of separation. The portion of his retirement earned before the marriage and the portion earned by him after separation are his separate property.

HOW CAN I CHANGE MY VISITATION ORDER?

QUESTION: I currently have a court order spelling out the custody and visitation of my two sons with their father (we were never married). We have 5-2-2-5 schedule. Their father is now working nights and sleeps days (often 7 days per week). He now lives in another city (local) than where I live and where the boys attend public school. The order states that when one parent is not avilable to be with the boys during their allotted time the other parent is entitled to have the boys.. Their father is never available to them and the time they should be spending with him they are spending with his mother. Do I have a case to modify the custody/visitation order? Due to the current arrangement I do not receive child support. I want to change the order to a standard custody/visitation order of every other weekend and one week night a week with their dad. I would like to maintain joint legal custody. Can I take this to mediation? I can not afford an attorney again. ============================================== MY RESPONSE: Go to your Superior Court's self-help clinic for assistance by a volunteer attorney in preparing the paperwork needed for you to file an Order to Show Cause to modify Child Custody and to seek Child Support. If your ex-husband earns substantially more than you do, you might be able to find a Family Law Attorney who would prepare and file an OSC for you which would seek Attorney's fees, as well as a modification in Child Custody and Child Support. In order to file an OSC which seeks a modification of Child Custody, you will need to arrange an appointment with the Court Mediator.

DO I HAVE TO BE PROPERLY NOTIFIED ABOUT CHILD SUPPORT?

QUESTION: Do I have to be properly notified of child support? I didn't see this coming so soon! Married for over 20 years, 4 children. MY RESPONSE: Your question is unclear and hard to understand. Did you receive a Child Support Order without being served with any papers seeking Child Support? You are entitled to due process, which constitutes notice and an opportunity to be heard, before any order is issued affecting your obligations. If you were served in a divorce case and you failed to file a Response within 30 days of service, your default could have been taken, after which you may well not have received further notice - and if that was the case, you had received due process and ignored your right to be heard or given further notice in the case. If that occurred, you need to promptly file a Motion to set aside your Default, if your time to do so hasn't yet expired. You should at least consult with, if not retain, an experienced Family Law Attorney to advise and represent you.

WHAT SHOULD I DO IF MY SPOUSE WON'T SIGN THE JUDGMENT?

QUESTION: My spouse and I went throught all the steps of a contested divorce. We went into mediation and we both signed the agreement with the mediator. However, after the agreement was put in legal format, he refused to sign. What happens now? MY RESPONSE: Talk to him. Ask why he didn't sign. If he refuses to sign, and refuses to further mediate, you should retain an experienced Family Law Attorney and proceed with your divorce through the Court. Even though the agreement was not put in "legal format", it may be sufficient for a Motion under Code of Civil Procedure Section 664.6 to reduce the agreement to a Judgment.

WAS IT LEGAL TO SHARE TEXT TRANSCRIPTS?

QUESTION: My girlfriend said she got my text transcripts from the DA's office she used to work for. Is this legal? MY RESPONSE: Probably not, unless your girlfriend was the intended recipient of an authorized wiretap.

CAN I STILL FILE CONTEMPT CHARGES AFTER WE SETTLED ON BACK SUPPORT?

QUESTION: For years my estranged husband sent only partial spousal and child support payments. We recently agreed on an amount and he was given 15 days to pay that agreed on amount. Can I still file contempt charges even though we settled on the back support and he has sent a check? MY RESPONSE: Deposit the check. See if it was supported with adequate funds. If the money is transferred to your account, be glad you got it. Contempt is used to try to compel him to pay, and he apparently paid. If his check bounces, you can consider Contempt as one of your available options.

CAN I GET MY DIVORCE PAPERS NOTARIZED IN A DIFFERENT STATE?

QUESTION: I'm in California and my husband is in New Mexico. We got married in Texas and he's trying to tell me I have to fly over to New Mexico to have my divorce papers notarized, when I do not have the money or time to do that. MY RESPONSE: A notary public in California should be able to notarize your signature on the Divorce Judgment or the Marital Settlement Agreement.

HOW CAN I STOP GARNISHMENT ON MY WAGES WHEN ALIMONY IS SUPPOSED TO END?

QUESTION: I have a garnishment on my wages for alimony. According to the papers, my payroll and I received, it says it is supposed to stop in November. Is there anything I need to do to make sure it stops? It states a date to stop but I want to make sure it does. MY RESPONSE: Bring the garnishment termination date to the attention of the Payroll Department, and get their acknowledgment of the date that the garnishment terminates.

CAN MY CHILD SUPPORT OBLIGATION BE INCREASED?

QUESTION: I live in California and have 50/50 (joint) custudy. I am paying a pretty minimal amount for child support right now. My ex is remarried and she does not work but her new husband makes twice my income. She is threatening to take me back to court for more child support just so I will have to work more overtime to make the child support payments and she will get most of "My" time with our daughter. does she have a case? Can her new husbands income be a consideration? I don't want him to pay me child support, I just don't want to pay her more MY RESPONSE: Your ex-wife's new husband's income won't be considered by the Court in child support matters concerning your child. If your wife was working at the time of the last child support order, and isn't working now, your child support obligation could increase, unless you can get the Court to impute income to your ex-wife by providing the Court credible and admissible evidence of her ability to earn (education, training and experience) and evidence of jobs available in the area for which your ex-wife is qualified, as well as what those jobs would pay. You would best retain an experienced Family Law Attorney to represent you in the child support matter.

HOW DO I COLLECT BACK SUPPORT FOR MY SUPPORT?

QUESTION: I'm about to turn 18 and my child support is about to stop. My mom has had a case open for my biological dad since I was born but, they barley found him in 2010 to order the payments. How do I get all the back pay he owes me since I was born? ___________ MY RESPONSE: You don't. Support payments go to the other supporting parent, i.e., your mother, for the cost to support you during your minority. Also, unless there was a support order issued by a court many years ago, there will not be a pot of gold at the end of the rainbow for your mother to collect. The Court won't order child support ordered retroactive to a date before the child support order was sought, which you indicated was in 2010.

WHAT DO I DO IF MY HUSBAND HIDES FROM THE SHERIFF'S SERVICE ATTEMPTS?

QUESTION: I filed for divorce on May 1, 2012 and I gave the documents to the sheriff to serve my husband but every time they try, my husband hides and the sheriff cannot serve him. What should I do? My husband thinks that if he keeps hiding, the petition will be dismissed. I do not want my petition to be dismissed, so, what else can I do? I have 4 minor daughters and there is no chance that we can fix our marriage.

MY RESPONSE: Hire a private process server to serve your husband.

IS MY FIANCE' DIVORCED?

QUESTION: My Fiance' filed for a divorce from his wife while he was in jail. He mailed the papers to me and I mailed them to the sheriff's office in her county so they could serve her with them. If she wasn't home and didn't sign- is their marriage still legal? Or did the divorce go through because she did not contesr it?

MY RESPONSE: They aren't divorced, if those are all the facts. Merely filing and serving divorce papers doesn't automatically result in a divorce. There are other documents which need to be exchanged, and still other documents which need to be filed, before the Court will issue a Judgment dissolving the parties' marriage. It sounds like his wife wasn't even served with the divorce case, although the party who is served does not need to sign anything to be served. Your fiance' would best retain an experienced Family Law Attorney to represent him in proceedings to divorce his wife.

HOW CAN I GET CHILD SUPPORT FROM SOMEONE WHO HIDES HIS INCOME?

QUESTION: I want my child to receive financial support, however I am hesitant to go about doing so because the father is self-employed and has no proof of income. He does not keep money in the bank for his personal reasons. Would this even be worth bringing to the court? Can he not easily lie about assets and income, anyway?

MY RESPONSE: Contact your local public Child Support Agency (in Los Angeles, that would be the Child Support Services Dept.) and request that they obtain Child Support from the father. That way, you don't incur attorney's fees that you would incur if you hired a private Family Law Attorney to file and prosecute a Paternity case to seek Child Support from the father.

CAN I SUE MY EX HUSBAND FOR BACK SUPPORT?

QUESTION: Back in 1993 I had a court order for my ex husband to pay child support until my son turned 18. I only received a handfull of payments over the years. Although my son is 20 now, is it possible to take him back to court and sue him for the back support I never received ?

MY RESPONSE: Most likely. There used to be a statute of limitations for collection of Child Support Arrearages. That statute of limitations was subsequently eliminated by the legislature. However, it is unlikely that the elimination is retroactively applicable. For all amounts which were due after the effective date of the legislature's elimination of the statute of limitations on Child Support Arrearages which your ex-husband failed to pay, he owes you those amounts plus 10% per annum interest until those amounts are fully paid.

CAN A PRENUPTIAL AGREEMENT WORK IN MY FAVOR?

QUESTION: If I want the marriage to work but she doesn't and just wants to take 50% of everything or more including alimony, will a prenuptial agreement work in my favor and up to what percentage? If before she married me she signed that if she divorced me she would not take anything, not even alimony, will that work?

MY RESPONSE: If you had a well-drafted Prenuptial Agreement, prepared, reviewed and signed in accordance with Californa's Prenuptial Agreement statutes, where both parties reviewed it with his and her respective attorney at least a month, if not more, prior to the wedding, it may be upheld by the Divorce Court. But if it was an informal document prepared shortly before the wedding without the benefit of consultation with independent counsel and without the required Disclosures and appropriate waivers, it is unlikely that the Court would uphold the agreement. The Prenuptial Agreement can provide whatever the parties agree that it will provide, in terms of property ownership, Spousal Support, etc. However, in a divorce, the Court could disallow unconscionable terms in a Prenuptial Agreement or even an entire unconscionable Prenuptial Agreement.

WHAT HAPPENS IF I DON'T HAVE THE CURRENT ADDRESS TO SERVE SOMEBODY?

QUESTION: I need to serve someone and don't have a current address for them. Do I go to the last known address and serve whoever is there or do I not try to serve the papers at all?

MY RESPONSE: You need to serve the person who is to be served. I assume that you are referring to a spouse to be served in a divorce case. If you can't locate your spouse for purposes of service, you would best retain an experienced Family Law Attorney, who would have the resources available to have a due diligence search performed in an effort to locate your spouse, and if unable to locate your spouse, who would be able to apply for an obtain an Order for Publication of Summons, to enable your spouse to be served by Publication.

DO I HAVE TO TELL MY EX-HUSBAND THAT I HAVE REMARRIED?

QUESTION: I am divorced and remarried and still receiving alimony checks, I'm I legally required to my ex-husband that I am married?

MY RESPONSE: Yes, you are required to tell your ex-husband that you have remarried. The Judgment provides that you receive Spousal Support payments until your death or remarriage. You should refund all Spousal Support payments that your ex-husband paid after you remarried. If you don't notify your ex-husband, and continue to receive and cash his Spousal Support payments, you will be committing fraud and deceit, subjecting you to a potential civil lawsuit and/or criminal prosecution.

HOW CAN I LEGALLY DISOWN MY CHILD?

QUESTION: How can I legally disown my child to make it where I am no longer her mother and my husband makes her no longer her father. Can I hand her to a relative or to adoption? How would i go about either one?

MY RESPONSE: Parents can't just "disown" their children. If your daughter is a problem child, she probably would not be a good candidate for an adoption, but you and your husband can contact adoption agencies to investigate the possibility. If your daughter is 12 years old or older, her consent would be required for her to be adopted. You can't legally give her away to a relative, although a relative could seek to become her legal guardian through the Court.

HOW SOON CAN I SEEK SOLE CUSTODY OF MY UNBORN CHILD?

QUESTION: I'm currently 7 months pregnant & my babys father has just been in & out of our lives. He currently found a new gf & is now completely not interested in our childs life. He will not cooperate with me to get things settled custody wise & says he refuses to take a dna test. I just found out he had a kid he signed his rights over. He has two kids already & I'm not sure if to just get him to sign his rights over to me or get sole custody of the child. His interest isnt there for our baby. He has not helped out with any of the things the baby needs like his crib. His only intentions are to try & control me & I know its not for him wanting to be there for our son... If he signs his rights over to me would he still be responsible for child support? Could I get sole custody of my child? Should I just have him sign his rights away & how soon can & should start the process? Thank you for your time!

MY RESPONSE: File a Paternity case without further delay, and have the father served. Under the circumstances that you relate, you likely will receive full custody of your child, and based on the father's income, you may receive a child support order plus orders requiring him to pay some and/or all of the birth-related expenses. You would best retain an experienced Family Law Attorney to represent you, or at least have a face-to-face consultation with an experienced Family Law Attorney. If you can't afford an attorney, you may qualify for an attorney fee order if the father is employed, but you would have to apply for an attorney fee order, in that event. Also, if you can't afford an attorney, you can go to your local Superior Court's self-help clinic for advice and assistance from a volunteer lawyer. You can start the process now, before the child is born. A father can't sign his "rights" to a child away (other than for an adoption), although he can agree that he won't have any child custody or visitation. If the father has no child custody or visitation, his Child Support obligation would be the highest, because Child Support is based on the parties' respective incomes and the percentage of the Father's custodial timeshare.

HOW DO I GET THE BEST LEGAL HELP TO DIVORCE MY WIFE?

QUESTION: I want a divorce from my wife as rapidly as possible. I also want her removed from the only house in this country I have ever felt at home in. My wife has done everything to make me suffer since April 3, 2012, in very concrete ways. She is doing all possible to deny me ANY rights to my son with her. My wife is an ethnic Russian who originally was born in the Ukraine. I can prove she is being coached on how to ruin my life. Right now, my wife has full custody of my child. Currently, I do have a pending child custody/restraining order case with a good attorney, but his specialty is criminal defense. At times, I also find him insensitive to my situation, and I feel my case is not important to him. This pending case will be heard at the beginning of August after an expert will assess both my wife and me for "custodial/psychological" evaluation. On April 3, I was arrested and spent 24 hours in jail because my wife accused me of domestic violence. The night before I was arrested, I sent my wife a text message that stated, "If you mistreat him, I'm calling the cops." I heard my wife yelling at my son, and I heard lots of physical commotion coming from his bedroom where they were located. I assume she was not treating him as a mother should. All criminal charges were recently dismissed (I believe on May 9) . I met my wife when I was teaching in Russia for the United State Information Service (now, this service falls under the Department of State through US Embassies around the world). I brought my wife to this country and married her. She obtained US Citizenship.

MY RESPONSE: The best help for your divorce would be from a Certified Family Law Specialist who knows the Family Law field, not a criminal attorney.

CAN MY EX-WIFE GET A RETROACTIVE CHILD SUPPORT MODIFICATION?

QUESTION: My ex wife waived payment of child support to her during a hearing granting her a move away order from California to Washington. Once she moved to Washington, she asked me to pay her support. I agreed to pay support but was only paying the original court ordered amount when we had 50-50 custody in California. This was mutually agreed upon and a modification of support was not filed. My son is now graduated from high school, 18 years old and lives on his own in Washington(she has moved back to California). She is now saying she will be taking me to court and suing me for back child support based on the actual 75-25 physical custody she had while living in Washington. Can she do this?

MY RESPONSE: It depends on what the Order required. If you were paying what the Order required, she can't come back for more, even though she had a larger percentage of physical custody. Child Support can't be modified retroactively to a date prior to the date she files an Order to Show Cause, Motion, or Request for Order seeking a modification.

HOW CAN I GET SOLE CUSTODY OF MY INFANT?

QUESTION: My ex is very abusive, deals drugs, drinks underage and I am only speaking to him for supervised visitation....I don't believe he'd hurt our son but I can't be sure so I want supervised visitation. He is trying to get my son for four days at a time; my son is only 8 weeks old, and is breastfeeding exclusively. I just wonder if he will be allowed that time?

MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you in the child custody litigation. An attorney would know how to question witnesses and how to get evidence admitted, and your chances of succeeding would be significantly enhanced if you hire a good Family Law Attorney to handle your case.

HOW LONG DOES IT TAKE TO FINALIZE A DIVORCE?

QUESTION: I am the respondent to the petition my husband served on me. He has been paying the rent and bills since I am unemployed. There was only one case hearing due to him stopping to pay the rent for a month and there was a court order. So based on that hearing and another one scheduled I want to have an estimate on how long more this divorce might take to be finalized.

MY RESPONSE: Your divorce case doesn't get finalized by itself. You would best retain an experienced Family Law Attorney to represent you, and if you haven't yet filed your Response, to do that and move your case before your husband has your default entered. Otherwise, your husband could just sit on the case and do nothing. If you can't afford an attorney, you should go to your Superior Court's self-help clinic for assistande by a volunteer lawyer

WHAT HAPPENS TO RETIREMENT BENEFITS IN A LEGAL SEPARATION?

QUESTION: What happens to retirement benefits in legal separation? One person is retired and one still works with 5 years left.

MY RESPONSE: All community property is divided in a legal separation, the same way that community property is divided in a divorce: 50/50. Each party gets a 50% interest in the community portion of the other party's retirement benefits, usually by way of a QDRO (Qualified Domestic Relations Order). The community portion of a party's retirement benefits is that portion that was earned during the marriage to the date of separation. Portions of retirement benefits earned before the marriage or after separation are the separate property of the party earning those benefits. You would best retain, or at least consult, an experienced Family Law Attorney to ensure that the retirement plans are properly divided.

WHAT CAN I DO WHEN MY EX DOESN'T LET ME SPEAK TO MY SON?

QUESTION: My ex and I recently got a court ordered custody schedule. In it, it says neither parent can prevent or restrict the other from speaking to our son. He is saying he will not allow me to speak to our son during the time he has him. I have told him I am willing to set up a pre-arranged time for me to speak with my son, and that I will not prevent him from speaking to our son, either. I have majority custody, and our son is about to be a year old. What can I do?

MY RESPONSE: Document your communications with your ex, by e-mail if possible, and save your e-mails to him and his e-mails to you, especially his refusals to allow you to talk to your son during your ex's time with your son, and try to call to speak to your son at least once a day during the time your ex has your son (but not to the point of annoyance) - and keep detailed records of your efforts, your ex's responses, and the results of your calls. Your options, once you have sufficient evidence, would be to file and prosecute a Contempt of Court against your ex, or to file and prosecute a Request for Order modifying child custody and/or visitation because of your ex's refusal to allow your communication with your son during your ex's visitation time.

HOW DO I MODIFY OUR SUPPORT AGREEMENT?

QUESTION: My ex and I were divorced a couple of years ago. We filed without any attorneys and agreed that he would pay a small amount each month for child support and spousal support for a specific amount of time (with the spousal support ending early if I remarry). At the time the amount I agreed to was much less than I would have be awarded by California law but it was all I needed to make ends meet and i wanted to divorce amicably. Now he is trying to change the agreement to pay less. Can he do this? We agreed these would be the terms regardless of what happened in our lives from that point forward.

MY RESPONSE: It depends upon what the Judgment says. Unless the Judgment provides that your Spousal Support is non-modifiable, Spousal Support is modifiable based on a material changed of economic circumstances (although for you to seek an increase in Spousal Support, you would also need to prove that the Spousal Support initially awarded to you was insufficient to enable you to be supported in accordance with the marital standard of living). Child Support is always modifiable on a showing of changed economic circumstances. Your ex can seek a modification of Spousal and Child Support based on a material change of circumstances, such as loss of his job, reduction of salary, unpaid furlough days, an additional child to support, or your increased income.

CAN I STOP PAYING ALIMONY EARLY?

QUESTION: My divorce agreement stipulated I had alimony payments from June 2009 to September of 2012. I started paying my alimony and child support in April 2009. since I am 3 months ahead, can I terminate my payments three months early?

MY RESPONSE: It is the divorce Judgment, not the divorce "agreement", which contains the orders that you need to obey. If the divorce Judgment requires you to pay Spousal Support until September, 2012, you should pay until September, 2012, even though you started paying Spousal Support earlier than the date set forth in the divorce agreement. It isn't worth the risks that you would face for you to stop paying earlier. The cost of defending against a contempt of court or other enforcement procedures, and the 10% interest rate on support arrearages comprise other reasons to comply with the divorce Judgment's orders. It is unlikely that the Court would order your ex to reimburse you for the three months of earlier payments, and if you file a Request for Order seeking such reimbursement, the Court could possibly require you to pay some or all of your ex's attorney's fees in connection with those proceedings.

CAN A LAWYER HIKE HIS FEES IN THE MIDDLE OF A DIVORCE CASE?

QUESTION: We hired a family law lawyer to handle my daughter's divorce and child custody/support issues in June 2011. We agreed on a set hourly fee. He said he was seeking a Specialist Certificate in Family Law. Terrific. However, he just got it and now wants to charge us more for "his expertise and knowledge". On our latest bill he increased the hourly fee by $50 without notice to us. The facts are that he has not always represented her well even with standard skills. I paid him at the agreed upon rate, not the increased rate, which we did not agree to. We are a year into the case and it should have been settled LONG AGO. Can he bill current clients increased fees without discussing and agreeing on it first?

MY RESPONSE: Read the written retainer agreement that you have with your attorney. If it provides that he can increase his hourly rate, it likely provides that he must give you advance notice before billing hours at a higher rate. It is unfair and inappropriate for him to increase his rate on billings to you without first giving you notice that he is increasing his hourly rate, and the new rate, so that you can have an option to change attorneys if you don't want to pay the higher rate. If your attorney's written retainer agreement does not provide that he can increase his hourly rate, he is stuck with the rate that he set forth in his written retainer agreement.

WILL MY HOME STATE DIVORCE PAPERS WORK IN ANOTHER STATE?

QUESTION: I am an active duty Marine stationed in New Hampshire and California is not helping. Divorce paperwork was filed in May of 2011. I have been deployed twice and it is still not resolved.

MY RESPONSE: Your home state papers will work in another state only if the divorce is completed in the state in which it was filed. Venue cannot be transferred to another state during the pendency of a divorce. Once the divorce is granted, the divorce judgment will be effective in all states, i.e., all states will recognize that you are divorced.

CAN CHILD SUPPORT ASK FOR MY INCOME, FOR MY HUSBAND'S CHILD?

QUESTION: My husband is disabled and receives disability. He gets $800 a month and $200 comes out for arrears. $100 comes out for medicare. He gets $500 a month. Child support is asking for my income info to decide what he must pay. Am I obligated to give my info?

MY RESPONSE: You are not obligated to provide that information to the Child Support Agency unless they subpoena your pay records, but you would be wise to provide that information if they request it. Your income cannot be used as a source of Child Support payments, but it should be considered for purposes of determining marginal income tax rates if you and your husband file joint income tax returns, in which case, marginal income tax rates will affect the amount of your husband's Child Support obligation. The more you earn, the higher the marginal income tax rate on the joint return, the less net income of your husband is available for Child Support, and the less his Child Support obligation should be.

MUST I RECORD A FOREIGN MARRIAGE IN CALIFORNIA?

QUESTION: We were married on Curacao legally under the Hague Convention (US not a party, I know now). Do I have to record the marriage in California? What advantages are there to recording it? We have our certificate and seals in our possession. I have no intention of changing my name and am already covered for health insurance.

MY RESPONSE: If you were legally married in Curacao, you are legally married in California. There is no procedure to record a foreign marriage in California. You would best make a number of duplicate photocopies of your marriage certificate and keep them in different places to ensure that they are never lost, in the event that you would ever need to prove that you are married.

The United States has not joined the Hague Convention on Celebration and Recognition of the Validity of Marriages because it has long observed the legal principle of comity (the recognition that one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to the international duty and convenience and to the rights of its own citizens who are under the protection of its laws). Only three countries have ratified the convention, and only another three have signed it. Most other countries observe the principle of comity.

DOES THE MOTHER AUTOMATICALLY GET CHILD CUSTODY?

QUESTION: We are going through a divorce. I want to know if I have an advantage being a mother for our child's custody.

MY RESPONSE: Possibly, but not necessarily.

If you have been the children's primary parent since birth, you may receive primary physical custody of the children. If both parents have actively participated in the children's lives, the Court may award joint physical custody to both parties, either 50/50, or in other proportions.

It is best for the children and the parties if the parties work out a timeshare that will provide both parents frequent and continuing contact with the children.

If you can't work out an arrangement between yourselves, the Court will require you to mediate child custody, with a view to resolving the custodial timeshare issues without the need for Court intervention.

A Court Hearing should be the last resort to resolve child custody disputes, because the Judge's decision may not please either party, and the adversary nature of a Court Hearing could further damage the parties' relationship with each other and make it more difficult for the parties to co-parent the children.

Physical custody is the particular time-share that the parents have with the children. Sole physical custody is where the children live with one parent and visit the other parent. Primary physical custody is where the children live with one parent more time than they live with the other parent, who has secondary physical custody. Joint physical custody is where the children live with each parent approximately the same amount of time, although courts frequently consider a 75/35% or even 70/30% time-share split to be joint physical custody.

Legal custody relates to the power to make important decisions about the children's health, education and welfare. Courts have usually awarded joint legal custody to both parties unless the particular facts of the case drive the decision otherwise.

HOW CAN I GET PROPER SUPPORT FROM MY HUSBAND?

QUESTION: My husband cheated on me. He makes more money than I do. We have two daughters. How can I ensure he gives proper support?

MY RESPONSE: Retain an experienced Family Law Attorney to represent you in your divorce. Child Support is calculated in accordance with the California mandatory Child Support Guideline. Temporary Spousal Support (until Judgment is entered) is calculated in accordance with your county's Spousal Support Guideline, and Permanent Spousal Support (for post-divorce support, the duration of which depends on the length of the marriage, among other factors) is arrived at through consideration of the applicable Family Code Section 4320 factors, and is not calculated by a mathematical formula. The Court won't be concerned with the fact that your husband cheated on you unless he inappropriately involved your daughters in his cheating.

HOW SHOULD I BEGIN THE DIVORCE PROCESS?

QUESTION: I have been married for 10 years now. My husband has not been a good partner and he does not help in paying for our child's expenses. How can I file and process divorce fast?

MY RESPONSE: Retain an experienced Family Law Attorney to represent you. If you can't afford an attorney, investigate reduced-cost divorce lawfirms, or go to the Superior Court's self-help clinic for assistance.

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

DOES IT MATTER WHO FILES A DIVORCE FIRST?

QUESTION: My spouse filed the divorce first. Will she gain any advantage from doing this?

MY RESPONSE: What matters is whose divorce case is served first. The first to serve will get no advantage of significance other than the choice of the venue of your divorce case and getting the first and last argument at trial.

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

WHERE SHOULD I FILE FOR DIVORCE IF I RESIDE OUT OF STATE?

QUESTION: I want to file for divorce from my spouse. I reside out of state due to work. Can I file in my previous state of residence?

MY RESPONSE: If your spouse resides in your previous state of residence, you can file in your spouse’s county in that state.

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 IF MY SPOUSE MISSES DIVORCE HEARINGS?

QUESTION: I am going through a divorce. My husband constantly misses the hearings. Do I gain advantage including in custody?

MY RESPONSE: Most likely. Judicial officers consider that parties who fail to show up at hearings are not interested in the outcomes. The hearing could go forward based on your testimony and evidence alone.

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 FILE FOR SEPARATION IF WE WEREN’T REALLY MARRIED?

QUESTION: I would like to be separated from my partner and through legal means. I want to make sure he cannot claim anything against me so I want to file legally. How do I do this?

MY RESPONSE: There are no procedures or legal actions available to do what you seek, other than possibly filing a civil case for declaratory relief, but that might invite your partner to make claims against you.

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

CAN I SETTLE CHILD SUPPORT WITHOUT A DIVORCE?

QUESTION: I do not want to divorce my husband but I want him to pay the right child support for our daughter.

MY RESPONSE: You could file a case for Legal Separation against your husband, and proceed to resolve all issues (including custody, child support, property division, allocation of debt, and attorney's fees) in that case, while staying legally married to your husband, but he could respond to your Legal Separation case by requesting a Dissolution of Marriage, resulting in a divorce.

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

CAN I SPEED UP MY DIVORCE IF DOMESTIC VIOLENCE IS INVOLVED?

QUESTION: My husband is alcoholic and he resorts to spousal abuse. Can I speed up our divorce because of this?

MY RESPONSE: You could seek Domestic Violence Restraining Orders against your husband, which could result in him being excluded from your home, stay-away orders, and other DVRO orders against him, but that won't speed up your divorce. The only way that your divorce could be sped up would be by settling the divorce case, but that may not be possible if you have an abusive alcoholic 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 CAN I GET A QUICK DIVORCE?

QUESTION: Is there such a thing as fast divorce in California? I want get legal separation immediately. Is there a way for me to get divorce the fastest?

MY RESPONSE: Legal Separation is almost, but not quite the same as a Divorce – all property custody and support issues are resolved in a Legal Separation Judgment, but you remain married – so you likely should seek a Divorce. The Court won't dissolve your marital status until at least six months and a day after your spouse has been served in your divorce case. Settling all issues with your spouse could result in a Divorce Judgment being filed and entered before that period has ended, but the Court would order that marital status will be terminated as of the end of that period.

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 THE MOTHER DOESN’T HAVE A STABLE HOME?

QUESTION: In the last 4 months the mother has moved 4 times with out telling the court that she moved. Our son is only 2 years old, and I’m seeing changes in his attitude and moods. Every time she gets upset where she's at, she moves. Now, she wants to move into a halfway house so she can get to section 8. But using the child for this is not good, so can I get full custody?

MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you in your custody case, to file and pursue a Request for Order to modify Child Custody on your behalf. I cannot predict how the Court would rule because the Court would need to consider evidence regarding each party in determining the best interests of the child.

WILL I HAVE TO SHARE CUSTODY OF MY NEWBORN WHILE I’M BREAST FEEDING?

QUESTION: I'm expecting a baby soon and the father and I are no longer together. Will I have to share custody with the father when I'm breast feeding and my baby is so young?

MY RESPONSE: Possibly, at least to some extent. But before he has any orders that he could enforce, he would have to file a Paternity case, and a Request for Order (formally called an Order to Show Cause before July 1, 2012) seeking custody and/or visitation rights. You would best consult with (and preferably retain) an experienced Family Law Attorney to represent you if the dad files a Paternity 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 CAN I DO IF MY EX-WIFE DENIES ME COURT-ORDERED VISITATIONS?

QUESTION: My ex-wife is denying me of court order visitations and hurting my four year old son with her lies saying I don't want to see him. I always call and let her know I will be there for my visit and when I show up they are gone. I have filed report after report and don't have money for an attorney what should I do? give him up? Have someone say I am dead? The law does nothing to help, so what good is the law if it only helps the rich and people on welfare?

MY RESPONSE: Retain an experienced Family Law Attorney to counsel and represent you to seek your remedies. If you can't afford an attorney, go to your Superior Court's self-help center for assistance with either an Order to Show Cause to modify Child Custody (requesting custody of your child and setting forth the facts of your matter) or an Order to Show Cause for Contempt of Court against your ex-wife. Note that once you have filed and served the Contempt matter, your case will likely be frozen until the Contempt is resolved either by hearing or by dismissal (if you dismiss it, do it "without prejudice", so that you can re-file it later). Either proceeding will get your ex-wife's attention and the Judicial Officer's attention, and may be instrumental in resolving the problem.

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

CAN I GET A RESTRAINING ORDER AGAINST THE FATHER AND HIS FAMILY?

QUESTION: I really want this people out of my sons life , they have done nothing for him & all they wanna do is try and take custody of him to rubb it in my face , also my baby's dad brother wife that I hate so much for talkin so much crap about me and my baby wants to manipulate the CPS workers that I'm a bad mom , the only the reason my son was taken away was because of his dumbass dad for hitting me while my baby was inthe same room , so now his in jail & his parents are mad beacuse I put him there & wanna take my son away . So do I have the right , to tell CPS for them to stop seeing my son

MY RESPONSE: If the father hit you, you can seek a Domestic Violence Restraining Order against him, but not against his family, from the Court, as a result of his hitting you. You haven't set forth any facts in your question advising that any member of his family has been violent toward you or threatened you with violence. You can't get a DVRO against his family merely because they are his family. When you deal with CPS, I suggest that you request, instead of demand, that they not allow the father and his family to see your/his son. The CPS Social Worker has a lot of power, so you should take care not to offend the CPS Social Worker.

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

WHAT ARE MY RIGHTS IF I THINK MY EX’S ROOMMATE WAS INAPPROPRIATE WITH MY DAUGHTER?

QUESTION: If I feel my x-husbands roommate may have been inaproperiate with my daughter in some way by her statements and then she tells her dad he was not then she tells me she is uncomfortable seeing him agian, do I have the ability legaly to withhold my daughter seeing her dad till I get a court order for custody in place or untill he removes his roommate? what is my best bet what are my rights without anything legal in place yet. we have been living seperately with a divorce filed just no custody or spousal agreement filed yet.

MY RESPONSE: Since there are no custody or visitation orders yet in place, you would not be violating any court orders by withholding your daughter from her father, but you would best let her father know your reason, and perhaps you should offer an alternate visitation plan such as his seeing your daughter at a restaurant or park.

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

DO BOTH PARTIES NEED TO BE PRESENT IN COURT TO GET A DIVORCE FINALIZED?

QUESTION: After having waited the 6 months for a dissolution of marriage...1 party has been deployed...entail allowing the other party to file with out their presence...however both agreed to wait...so now that the other party is home...do both parties, need to be present in getting the divorce signed off and finalized by the judge? Or can either party get the final judgment on their own without the other party being present???

MY RESPONSE: If the parties agree to the divorce and the terms of the divorce, you can get a judgment without either party physically appearing in Court, using the appropriate forms, including but not limited to the FL-130 Appearance, Stipulation and Waivers and the FL-170 Declaration for Default or Uncontested Dissolution, among other forms. You would best at least consult with an experienced Family Law Attorney to determine all the forms required and whether they were properly completed.

If the parties can't agree to a settlement, the case will have to go to trial, where both parties should appear and testify.

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

HOW CAN I GET THE RIGHTS TO VISIT MY DAUGHTER?

QUESTION: A week prior to being incarcerated for a 5 month sentence I was granted every other weekend with my daughter and before icould proceed with my scheduled visit I was taken into custody for a previous case of residential burglary and now i have a strike and felony on my record and I have been released i would like to visit my lil girl and her mom agreed but when I arrived she refused to let me get my daghter because she dislikes my girlfriend/ fiance of 3 years, I reside in riverside county and have a room set up for my daughter and her mom has current custody of our daughter in norwalk ca i really want to visit with my daughter but her mom makes it impossible should i give up or is there still hope.

MY RESPONSE: There is hope. If you can't get the mother's cooperation, file a Paternity case and file an Order to Show Cause requesting custody and visitation and have it served on the mother. At the hearing on that OSC, the Court will most likely order specific time for you to have with your daughter.

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

HOW DO I KEEP MY BABY SAFE FROM MY EX’S THREATS?

QUESTION: My ex boyfriend is threatening to "run away" with our child. He says that if he calls every 2 days to tell us where they are that it can not be considered kidnapping. I also overheard him talking about filing for custody. What steps can I take to keep him from taking our baby, and work on claiming custody for myself?

MY RESPONSE: File and prosecute a Paternity case against the father. You would best retain an experienced Family Law Attorney to represent you in that case.

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

HOW DO I FILE FOR A CONTINUANCE?

QUESTION: I fired my attorney, and have not been able to replace her because my temporary support is in arrears. Discovery paperwork is due in a week. I have no idea how to file for a continuance, and am worried about the deadline. This is in California.

MY RESPONSE: What do you want to continue?

If you are seeking additional time to prepare, complete and serve your discovery responses, contact the attorney on the other side and ask for a 30-day extension of time to respond to that discovery (or if the attorney says that is too long, then ask for a 2-week extension), and if and/or when the extension is granted, ask the attorney to please confirm the extension in writing to you, and you should also send a letter, FAX or e-mail to that attorney, thanking him/her for granting you the extension - and set forth the particulars of the extension - to respond to what discovery - for how long, and state the new date when your responses will be due. Keep a copy of all extension letters. If the attorney doesn't grant you an extension, waste NO time conferring with an experienced Family Law Attorney regarding the discovery and your proposed responses, so that you can timely respond to that discovery. Have somebody other than you over the age of 18 serve your discovery responses and attach an unsigned copy of the proof of service to your original, signed discovery responses that are served, together with a verification under penalty of perjury signed by you. You would best get the assistance of an experienced Family Law Attorney regarding your discovery responses, as soon as possible.

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

CAN YOU BE LEGALLY SEPARATED IN ONE STATE AND FILE A DIVORCE IN ANOTHER?

QUESTION: I filed legal separation in California and my husband filed divorce in Ohio. Which takes priority if the California legal separation was filed first?

MY RESPONSE: The title of your question is inconsistent with the body of your question. If you got a Judgment of legal separation in one state, you could get a divorce in another state - but that does not appear to be the question for which you sought an answer. In response to the body of your question, you are advised that the first case to be served gets priority. However, the party served with a legal separation case can respond by requesting that the Court dissolve the marriage. Also, there may be constitutional due process problems in a legal separation case or a dissolution of marriage case filed in a state with which the served party has not had sufficient "minimum contacts"; in such a case, the Court in that state would only have jurisdiction to affect the legal status of the parties (i.e., a legal separation or a status dissolution of marriage), but not to adjudicate such things as property division or support - unless the other party submits to the jurisdiction of that state by filing a response or general appearance in that case.

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

HOW CAN I GET A DEFAULT DIVORCE?

QUESTION: I can't get spouse to respond to the stipulation to divorce. He also failed to respond to the petition within 30 days. My Attorney doesn't want me to get a default judgment why not? I want this over with.

MY RESPONSE: You should ask your attorney why he/she does not want to go by way of default. If your husband has not responded to the papers served on him and is not cooperating with settlement efforts, there is no available option other than default to get a divorce.

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

WHAT CAN I DO IF MY EX-BOYFRIEND WON’T ALLOW ME TO MOVE OUT OF STATE WITH OUR CHILD?

QUESTION: I am currently looking for work in California. I have support in the amount of 300 a month for our son. His father currently owes 600 in support. He withheld it because he was angry with me. I have been offered a place to stay with my sister & free daycare 3 days a week until I can get back on my feet. She lives in Colorado. My ex frequently takes our son to Mexico without my consent during his visitation. I\\'m tired of his games & want a better life for my son. Can he keep me in CA? There are no court orders.

MY RESPONSE: If there are no restraining orders restraining you from taking your son to Colorado, and you can't afford to stay in California (especially because dad withheld child support), there is nothing keeping you from making your move (or temporary move). Dad could bring a Paternity case against you in California within six months of your move, and if he does so, the case will take place in California. You would not be able to bring a Paternity case against Dad in Colorado until your son has lived in Colorado for six months. If you move to Colorado, you should let Dad know where the child lives and give Dad at least telephonic access to your/his son, if not allow Dad to visit with your/his son in Colorado, to avoid claims or criminal charges of parental kidnapping. However, by giving him that notice, you will be giving Dad the ability to serve you with a Paternity case filed in California.

DO I HAVE TO REVEAL MY RESIDENCE TO MY TROUBLESOME EX BOYFRIEND?

QUESTION: Never married. Domestic violence but never pressed charges. Father hasn't worked for years. Follows me around. Threatens if I don't answer phone calls or text. Shows up randomly. History of substance abuse but accuses me. Says he has my phone tapped. Puts crazy thoughts in my sons head. Harasses anyone in my life. Pretends to be the good guy. I've worked whole time. I Recently lost my job. He wants to know where I'm at who I'm with or he threatens to take my son.

MY RESPONSE: No, in your situation, but you should retain an experienced Family Law Attorney to represent you in you to seek Domestic Violence Restraining Orders and Child Custody orders against your ex-boyfriend. The facts that you state should be sufficient to persuade the Court to issue those restraining orders and to permit you to keep your whereabouts confidential. If your ex-boyfriend seeks visitation, you should request that the Court order that the visitation be Supervised visitation by a Professional Monitor, at a "safe" location.


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

IS IT LEGAL FOR MY EX-WIFE TO CHANGE MY BANK ACCOUNT PASSWORD?

QUESTION: My wife or soon to be ex wife accessed my online bank account by answering my online security questions to reset the password without my consent; is this illegal?

MY RESPONSE: She may not have done that legally, but she had the power to do that, i.e., she did that. To the extent of funds in that account which were earned during the marriage prior to separation, those funds were community property. To the extent of funds in that account which were earned by you subsequent to separation, those funds were your separate property. You should close out that account and open up a new account (perhaps at a different bank) with a different password and different security questions, the answers to which she would not know. The divorce court might consider your wife's conduct similar to the conduct in Marriage of Nadkarni which resulted in Domestic Violence Restraining Orders against a party who had hacked into the other party's e-mail account.


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 |