Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am currently going through a divorce in California (we have

Customer Question
been separated since November of...
I am currently going through a divorce in California (we have been separated since November of 2009; divorce was filed November 2010). We have one child together (3 year old son). I am on active duty with the CA Army National Guard, she is a dental assistant working 20-30 hours per week. My ex is seeking full custody, spousal support, and attorney fees. We were married for 4 years and 7 months at separation, we have been married for 6 years and 2 months at this point in time.

My ex left our residence September 2010, leaving my son with me for two months before we verbally agreed to 50/50 custody. I pay for all of my sons expenses, to include daycare (which she refuses to split), healthcare (tricare provided by Army), clothing.

I have logs displaying my ex's behavior while she lived with me at our jointly owned residence (always going out at night, leaving me with our son; taking my son to my parents, who live two hours away, while Im at work).

I have a print screen of my ex facebook status stating "I'm so mad i could kill someone! dont f**k with me (my name)! you have no idea who you are messing with!

I have photos of the master bedroom she was staying in when we were living under the same room where she had dirty laundry and trash EVERYWHERE, dirty dishes with months old food still in them, and items such as scissors laying around where my son can get to them.

When my ex lived with me, I was the one to prepare my son for daycare, and take him/pick him up every day. This is documented in my logs.

I have a police report from when she was making harassing calls to my work and command.

In my ex's "declaration in support of her order to show cause" where she is seeking full custody, she states that I am an unfit father with severe anger issues (using my treatment for PTSD as a "means" for proving this; the army enrolled me for treatment when I was seeking marital counseling through the Army). She also states that I kicked her out of our residence, and bullied her into splitting custody by telling her that she will not see our son at all if she does not agree to 50/50 custody.

What do I need to have in my response? What do I need to convey to my attorney (who is not pro-active)? What approach do I need to take? What supporting documents will help my case?

Any advice you have would be GREATLY appreciated !!!
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 14 minutes by:
6/1/2011
Family Lawyer: JD 1992, Lawyer replied 6 years ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,296
Experience: Began practicing Family Law in 1992
Verified
It would help you to have a mental evaluation done and that psych expert prepared to testify in court that you don't have anger issues. You can also request that the court order a psych eval done on her as well. Other than that the logs, FB pages, and the pictures are great evidence and a lot more than most people have. If you know anyone that can testify as to her instability that will help as well.

You don't want to give away too much in your response, just deny the allegations.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Thank you. How much detail do you recommend in my responce; should I leave out "the dirt" on her entirely?
Family Lawyer: JD 1992, Lawyer replied 6 years ago
Yes, the response isn't the right place for that usually. Ck with your lawyer just to be sure they don't want it in there for some reason, but usually you save that kind of stuff for trial.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,296
Experience: Began practicing Family Law in 1992
Verified
JD 1992 and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask JD 1992 Your Own Question
JD 1992
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,296
34,296 Satisfied Customers
Experience: Began practicing Family Law in 1992

JD 1992 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I just spoke to you regarding spousal support in Ohio. It's
I just spoke to you regarding spousal support in Ohio. It's asking for more money and I have a Me membership.… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
My spousal support was lowered due ex husband couldn't
My spousal support was lowered due ex husband couldn't afford to pay. But now I found out he was married at the time and he didn't disclose it. Can I do something about it … read more
Sue
Sue
Juris Doctorate
238 satisfied customers
I have a FL 435 for Spousal Support. I need to have my
I have a FL 435 for Spousal Support. I need to have my spousal support taking out of my ex husbands social security check. What do I need to do this? I am having trouble finding the correct informatio… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
How is one expected to pay spousal support when the family
How is one expected to pay spousal support when the family budget runs a deficit every month and the total income of the family is from SSDI and Veteran's Disability Compensation? Does the court expec… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I was denied spousal support because I was convicted of
I was denied spousal support because I was convicted of domestic violence. I broke the telephone so she couldn't call the police during an argument we were having. The courts left it open to be determ… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I have a spousal support question, i have a judgment from
i have a judgment from back in 2011. i just found out that my ex is getting re-married so I was wondering if i just stop paying her or if i need to do something else … read more
socrateaser
socrateaser
1,031 satisfied customers
I need a lawyer to stop spousal support. I recently changed
I need a lawyer to stop spousal support. I recently changed jobs to care for my father which required a decrease in salary. My ex-wife does not need assistance and lives out of state. A few months ago… read more
JD 1992
JD 1992
Lawyer
34,296 satisfied customers
I need help with the enforcement of a spousal support
I need help with the enforcement of a spousal support agreement from Virginia. I live in tn the respondent lives in va...what court or state do I use to get this heard? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
JD 1992
JD 1992
Lawyer
34,296 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
Are husbands able to get spousal support? California
Are husbands able to get spousal support? JA: Because family law varies from place to place, can you tell me what state this is in? Customer: California JA: Have you talked to a lawyer yet? Customer: … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question concerning spousal support in Oklahoma...
I have a question concerning spousal support in Oklahoma... … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I received spousal support after my divorce in 2005. I
I received spousal support after my divorce in 2005. I cohabited with a boyfriend for 3 years and my ex sued for termination of support, which was, in fact, terminated. The cohabitation lasted from 20… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x