How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9366
Experience:  since 1983
9653905
Type Your Family Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

I am in California, so make sure your answers apply to

Customer Question

I am in California, so make sure your answers apply to California Laws)
1) How much does it cost to file for divorce, child custody, and child support--all 3 in one? (Can it be done all at once?)
2) How do I know if I qualify for a waiver fee to file for divorce, child custody, and child support?
3) Since my ex now lives in Yosemite, which is three hours from here, does that mean I qualify to ask for full physical custody of the kids, which means being with me full time with visitation with their dad every other weekends or on occasional weekends because he lives far away? (I have 3 kids but two of them are under 18) (I live in Fremont and the kids live with me--they go to school here)
4) If I get 100 percent physical custody of the kids, but agree to 50/50 legal custody, will that grant him part of the decision to move the kids, should he move out of state? I am guessing not because I would have 100 percent full physical custody of the kids, but confirm this for me if you can.
5) If I file first, would he have to pay for my attorney's fees if he contested it? (He is low income--can he declare against it?)
6) Can he contest without a lawyer?
7) If he contests, how much would it cost him?
8) What happens if he does not contest? (Meaning he would have no say in arrangements for the kids?)
9) Does he have 30 says to contest?
10) Can it be stipulated that he never asks for spousal support, to pay for my attorney fees, and to do half-day holidays? By half holidays, here is what I mean: Christmas Eve day with me, Christmas Eve in the evening with him, Christmas morning with him, Christmas evening with me. Thanksgiving day with him, then with me for Thanksgiving evening. The kids are accustomed to this and we do not want to agree to alternate years because someone misses out on something. (Can you guarantee this arrangement if he fights for alternative years--like Thanksgiving him, and then Christmas me for one year and the next, Thanksgiving me and Christmas him) The kids like it half day on both sides so they do not miss out on family parties. (Would this depend on the meditator or can you emphasize on that?) I know he lives in Yosemite, but he is the one that moved away so he should be the one that adjusts for the kids, like staying in town for part of the holiday days)
Submitted: 11 months ago.
Category: Family Law
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades and I handle family law.

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are for the most part all new questions that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.

I would be happy to answer all of your many questions in a phone call if you would like that.

Or you can pare down the list to something more reasonable. You see, without some reasonable limitation customers would feel free to ask dozens/hundreds of questions.

Alternatively, if you would like I can opt out of your question thread and another expert would be able to consider your request.

I do want to help you but not at the expense of literally hours of back and forth with follow up questions to all your original questions.

Let me know what your preference is---you are in charge. Just in case I will offer you a call option if you would like.

Doug

Customer: replied 11 months ago.
We can do that--all the answers I listed out will be answered over the phone for $9?
Expert:  LawTalk replied 11 months ago.

Yes, I will do my best to answer all of your question for an additional $9. The total looks like it would be $45.

Doug

Customer: replied 11 months ago.
Ok if we do that, is it possible to do it next week? My office is closed. Can we secure an appointment?
Expert:  LawTalk replied 11 months ago.

We can do this next week of course. Just come back to this thread when you are ready and accept the call option.

As for an appointment, I hope that you are just referring to reaching me here online.

Who is the "we" you are referring to?

Customer: replied 11 months ago.
You and me :)
Expert:  LawTalk replied 11 months ago.

Alright! LOL

See you next week---so to speak.

Doug

Customer: replied 11 months ago.
Hi there--can we email instead of talking on the phone?
Customer: replied 11 months ago.
That way we dont have to deal with the relay service--I am deaf. I gave you all of my questions and you can answer them all of them in an email instead of over the phone as you suggested. This is to Doug, right?Let me know.Thanks
Jolene
Expert:  LawTalk replied 11 months ago.

Hi,

Sure we can email, if you are willing to open a new question thread for each of your 10 questions.

As I mentioned earlier, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are for the most part all new questions that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.

It could take me literally hours to answer all of your questions and with your ability to ask follow-up questions, there would be no end in sight. That I am not willing to do for the offer that you made for this question thread. I'm sorry.

Doug

Customer: replied 11 months ago.
Suppose I get the free 7 day trial for unlimited answers--would that be beneficial for the both of us?
Expert:  LawTalk replied 11 months ago.

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug

Expert:  N Cal Attorney replied 11 months ago.

New Expert here.

1) How much does it cost to file for divorce, child custody, and child support--all 3 in one? (Can it be done all at once?)

Yes it can be done all at once, the filing fee is about $435 but can vary a little depending on which Count you file in, see

http://www.scscourt.org/documents/fee_schedules/FeeSchedule.pdf​ showing the fees in one county.

2) How do I know if I qualify for a waiver fee to file for divorce, child custody, and child support?

Look at this: http://www.courts.ca.gov/documents/fw001info.pdf and http://www.courts.ca.gov/documents/fw001.pdf

3) Since my ex now lives in Yosemite, which is three hours from here, does that mean I qualify to ask for full physical custody of the kids, which means being with me full time with visitation with their dad every other weekends or on occasional weekends because he lives far away? (I have 3 kids but two of them are under 18) (I live in Fremont and the kids live with me--they go to school here)
YES

4) If I get 100 percent physical custody of the kids, but agree to 50/50 legal custody, will that grant him part of the decision to move the kids, should he move out of state? I am guessing not because I would have 100 percent full physical custody of the kids, but confirm this for me if you can.
With shared legal custody both parents must consult about moving a child.

5) If I file first, would he have to pay for my attorney's fees if he contested it? (He is low income--can he declare against it?)
You can ask for an interim fee order but he can oppose it.

6) Can he contest without a lawyer?
YES

7) If he contests, how much would it cost him?
That depends on how the case plays out, how much and what type of discovery is conducted, how many motions are filed, whether your County has mandatory mediation, and other factors.

8) What happens if he does not contest? (Meaning he would have no say in arrangements for the kids?)
Yes is he defaults the Court will grant you custody.

9) Does he have 30 says to contest?
YES he has 30 days to file a responsive pleading from the day he is served with the etitin and summons.

10) Can it be stipulated that he never asks for spousal support, to pay for my attorney fees, and to do half-day holidays? By half holidays, here is what I mean: Christmas Eve day with me, Christmas Eve in the evening with him, Christmas morning with him, Christmas evening with me. Thanksgiving day with him, then with me for Thanksgiving evening. The kids are accustomed to this and we do not want to agree to alternate years because someone misses out on something. (Can you guarantee this arrangement if he fights for alternative years--like Thanksgiving him, and then Christmas me for one year and the next, Thanksgiving me and Christmas him) The kids like it half day on both sides so they do not miss out on family parties. (Would this depend on the meditator or can you emphasize on that?) I know he lives in Yosemite, but he is the one that moved away so he should be the one that adjusts for the kids, like staying in town for part of the holiday days)

YES the courts are usually happy to rubber stamp any agreement made by the parties.

There is an overview of the process posted at http://www.divorcesource.com/ds/california/california-divorce-laws-662.shtml

I hope this information is helpful.

Expert:  N Cal Attorney replied 11 months ago.

Do you need any more information?

Related Family Law Questions