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Recent Family Court questions

I've had an allegation made against me in a California

I've had an allegation made against me in a California family court proceeding and an emergency TRO was granted for the opposing party. My visitation rights have been temporally suspended pending an RFO hearing. The hearing is scheduled for July 17th and I need to prepare for my defense. I plan to propound interrogatories and admission discovery on both the parties as well as the WITNESSES. However, the normal discovery process allows 30 days for the individuals to respond to the discovery. I need to know how to propound it and get the answers returned to me before the July 17th hearing date. The opposing party has an attorney and I'm Pro Per. The matter has been on calendar for almost two years and I have been very successful winning practically all hearings for custody, motions and other type court proceedings until these allegations were made. I say this to say that if given the proper direction to go in this dilemma I feel that I can complete the process myself and move forward.We're facing a restrictive time factor here. Please respond with your best answer.Thank you

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LawTalk

Attorney at Law

Juris Doctor

38,668 satisfied customers
Regarding rights to th law my ex has threatened me today

Regarding rights to th law my ex has threatened me today that she would call th cops and report th baby ( she's 2 1/2 plus ) missing if I didn't bring her to her mothers house by certain time. She's already reneged on our initial agreement thus forcing me to drive her to a pre determined destination were i drop her off to her. Wich is an inconvenience to me but benefits her. No primary has been issued by th courts. We live in Long Island New York.

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Asad Rahman

Attorney

J.D.

4,760 satisfied customers
I live in a blended family for 10 years that is very one

I live in a blended family for 10 years that is very one sided and inconsiderate to me and my daughter. My wife has made life very difficult for me and won't accept that I have a child and acts mentally out of control, emotionally irrational and abusive for 10 years. Meanwhile, she still has her 25 year old son living off us in our 2br apartment, a 20 year old son who has a 4 year old child who takes over our house as well. She puts them above everything and let's them take over our apartment, but she acts jealous and irrational and complains about my daughter, one Child of mine, who is respectful and stays to herself living with us. I am totally convinced that she has a mental disorder and shows no empathy for me or anyone except her children. I want to serve her with a divorce, but if we're still living together she will make a scene and turn her kids against me. She freaks out and the police will be called, she makes scenes and begs me not to leave and promises to change, but it only takes a few days for her to start saying bad provoking things to me. I need to get me and my daughter away from her. Is there any way I can have family court order her and her kids to leave the aparrment? Her 25 year old son is not on the lease and neither is her 4 year old grandchild who destroys our home and even brought bedbugs in the house and she wont even stop him from coming over for a couple days to exterminate. Very codependant. They're not suppose to be here. I think it is fair that she should leave with her kids, especially because there not on our lease and I never agreed for the older son or grandchild to live here, and being as I accepted her kids, but she could never accept mine, and her kids caused 10 times more problems. Can the courts help with this? I'm finding it very hard to find another apartment, and it's not fair how she let her kids and grand child take over the home and have no rules.

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FamilyAttorney

Appellate attorney & former trial lawyer

JD

2,604 satisfied customers
I'm dealing with a restrainning oredr question in

i'm dealing with a restrainning oredr question in california....JA: Have you talked to a lawyer yet?Customer: no we are in nj and had only a week to get papers togetyherJA: Anything else you want the lawyer to know before I connect you?Customer: the dvro is between teenagers, with the order filed by the parents of one of the kids. they are temporarily living in san diego. we filed dv-120 but now have additional evidence

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LegalGems

Juris Doctorate

19,812 satisfied customers
Is mediation and the agreements that come out of mediation

Is mediation and the agreements that come out of mediation enough to finalize a divorce? And if not, what would be required to make everything final?

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jb156200

Associate Attorney

Doctoral Degree

476 satisfied customers
I have a 2.5 year old daughter with muscular dystrophy. She

Hello, I have a 2.5 year old daughter with muscular dystrophy. She can not get into sit, crawl or walk. My ex-husband, and her bio dad, not only left us at diagnosis, he also went a little crazy (like gun-toting, Trump loving, Clinton child murder ring, Alex Jones supporter crazy). We are divorced and didn't address custody or child support in our divorce agreement as we had an informal no support/no access agreement since he said he never wanted to see our daughter again. Unfortunately, I cannot keep working and care for my daughter.I went in for her SSDI interview today. The interviewer confirmed my suspicion that SS will need to see a signed court order allowing my ex-husband to not pay child support. I've read that judges are incredibly unlikely to award a non-custodial parent zero obligation for child support. My question: Is there a way to get a court order granting me sole physical and legal custody while ordering him to pay $0 in child support?Other information: - My daughter and I live in Philadelphia, PA. - The day before he announced he was leaving, my ex-husband became frustrated when my daughter lost her balance while sitting and fell over. He jerked her back into sitting by yanking her arm. She is incredibly fragile. He could have easily broken her arm. - He has reached out once since leaving 18 months ago to send a card on her birthday. - He has left the state and won't tell me where he is. - He's currently (trying) to sell light bulbs for a living.Please no advice suggesting I seek child support from him. Yes, I clearly am in need of financial support for the next year or two. I also understand that child support is the right of the child involved, not the custodial parent. However, I have very good reasons for wanting to continue my no support/no access agreement if I can.Thank you!

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,436 satisfied customers
I have joint custody of my two boys. My oldest son who is 13

I have joint custody of my two boys. My oldest son who is 13 decided to live with his dad as he didn't want to follow my rules. My 10 year old doesn't want to go to Boston. He is enrolled in Rhode Island schools and in sports. I got a summons for their father wanting to take my 10 year old because he doesn't want to seperate the boys. can he do that?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: I live in Rhode Island and he lives in BostonJA: Has anything been filed or reported?Customer: just the summons he filed to get my other son. the family court agreement indicated both boys reside with me and dad pays child care and medical. now my oldest lives with himJA: Anything else you want the lawyer to know before I connect you?Customer: no. the only issue he has is he wants the boys together

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JD 1992

Juris Doctor

38,244 satisfied customers
I am looking for an attorney who is willing to except a case

I am looking for an attorney who is willing to except a case to declare a common law marriage . Unfortunately I did not protect myself the way that I should know to do . I allowed him to place everything in his name . He purchased a home for the two of us to live in during the time that we were t living together. He asked if I wanted to be on the loan and unfortunately I was not able to be due to the fact that my credit wasn't able to allow me to do so. We lived in this home for two years together and previously. I had my money directly deposited into his account to assist in paying the bills out of this relationship. I have sought in acquired legal counsel to assist me in this endeavor. Unfortunately he is not willing to pursue the case as he feels as though it is not formidable enough to result in a sure Bet. I know that our relationship was of a nature and is supported by affidavits that it meets the requirement for the state of Kansas to prove common law marriage. Unfortunately I don't have any kind of proof in the way of accounts with both of our names on it except the insurance on the house is in both of our names and mine as his surname . I have many documents that prove that my money was directly deposited into his bank account. Additionally he is trying to evict me from our home as he believes he has the right to do so. He is involved with another woman and has been involved with her for recently found out for eight months. I am trying to get this heard in front of a judge as I believe the facts in the case absolutely support my claim as his common-law wife. The attorney that I currently have will not even consider this as plausible or in any way a means to this relationship. I have paid him a great deal of money only to find that he is only going to negotiate another month for me to stay in this home and that is not definite at this point. I have contributed fully to this relationship for many years and I feel as though my steak in it should be recognized. I know this is not a slam-dunk case but if it could be heard in front of a judge I know if it could be considered based on the reasons why things happen the way that they did it could be considered plausible. I have seen on the Kansas website the requirements for common law marriage I believe those requirements have been met I can show them to be proven. Many other reasons why we did not commingle account is because prior to purchasing our home I assisted him in paying his debts off to improve his credit so that he may do so. We have three years or more approvable cohabitation and my money being directly deposited into his account. I am looking for an attorney who will not just take the case because of financial gain but because he is willing to fight for me to obtain what is Just and right where I am concerned. I am a critical care nurse and I do make a good income, not an exceptional income but a good income and I do have the Financial means to pay attorneys fees. I wish to stay in my home at least for the foreseeable future. I wish to have this union Declared a common law marriage. as I believe it to be. And I wish for an attorney to file an ex parte on my behalf to stay any orders that are upcoming for my eviction from our home. I know this is a not slam dunk case but I also know that I have enough evidence to prove that a comment on his behalf exsisted between us. Please advise me on the actuality of doing so. there are a great deal of assets that we purchased together that should be divided fairly. In addition to a house that has no equity and he has no reason to wish to sell except that he just does not want me to have it. Additionally I have many animals that he agreed to acquire with me he only wishes to have two of the cats we have but I have three bunnies and all the other animals that I have were all aquired during our relationship. Currently I am left holding the bag taking care of all of them finding all of their care and tJA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Kansas and I'm looking at common law marriageJA: Has anything been filed or reported?Customer: Not that I know of but he's trying to Vic to me and I'm sure that will be coming soon even though I have an attorney who supposed to be defending me he's not getting anywhere nor does he seem to care. He seems to be more of a bully then my ex He seems to be more of a bully then my exJA: Anything else you want the lawyer to know before I connect you?Customer: I beleve that says it all

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,436 satisfied customers
A quick question. In summary, I never lost my parental

Hi. A quick question. In summary, I never lost my parental rights. My ex was openly bragging about making everything up and getting away with it. Two weeks after the case was decided in his favor he threatened that something horrible was going to happen to our daughter if I ever came forward to expose what he did. I'm in NYC. My daughter will be turning 18 soon. Can I file a petition after she turns 18 to have the entire case vacated, which of course will include a fully detailed statement with evidence, or do I have to start the process before she turns 18? Thank you.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: New York.JA: Has anything been filed or reported?Customer: It was a child abuse case. In a nutshell, my ex was romantically involved with the cps investigator. I had injuries from times that he had attacked me, hospital reports. No police reports because she made sure that I couldn't get a police report. He bragged to a relative about making arrangements to get away with what he was doing. The relative refused to come forward and tell the truth.JA: Anything else you want the lawyer to know before I connect you?Customer: If the lawyer in NYC?

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LegalGems

Juris Doctorate

19,812 satisfied customers
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