Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!
ok, im confused, my undersndting according to rule 60 b in federal laws, that filing motion doesnt terminate judgmental order, so the judgmental order i have is valid until the new hearing date, thats wht he requested set the order aside, but yet he havnt got granted that to be set aside, thats why they are asking me to attend hearing to either him gets denyied or the judge will accept it,
am i correct??
so my current order stil effective?? because its judgmental order until the hearing date, wich at then judge ill either continue it or setted it aside or put it for another hearing date , ???
im in california , kids live with me in california, he moved to utah before the divorce
can you please answer my question, does the motion request cancels an effective judgmental order that has been signed by judge ??
because his motion request not yet signed by any judge, its just put for hearing date ,
you said earlier iam back to ground zero means im starting from the begining
so thats why i was getting confused sir, because i asked is filing motions does cancel my current court order, or my order stil valid, until the hearing date ,
so my current order stil valid until hearing date ?? true??
one more question,
i have primary phyiscal custody, and joint legal custody, in the joint legal custusoy i have to discuss with him anything concering their schooling , but i have special notice that im in title to make day to day decision when comes to their education and health needs,
my questions, in joint legal custody, do i have to get his consent agreement before i do anything in their education or health??
or just to bring it to his attention as to let him know, what if he dis agree ??
for example m,y little daughter 3 years old , asking her ear to get piercing, he revused, can i stil do it?? or doesnt that concider violating
please be patient with me
thank you, XXXXX XXXXX u didnt read some part of what i wrote
we do have for now JOINT LEGAL CUSTODY, and itstats that we both must confer when c0omes to kids health and education ,
but again under sepcial decsion, it state that iam the one who is entile of makking decision to day to day care whem comes to health care or education !
but also i have primary phyical custody because they live with me, he only gets visiting times once in awhile because he lives out the state .
so now , do i need his agreement before getting her ear pierced for example , because it concider health related?? or because i have special decistion marked to my name , i can just get it anyway but i neet to inform him ??
is joint legal custody means we both have to agree on ceratin things, or means we just need to discuss and one of us can make the decision regardless since we both ??
ok now i have few more questions :-)
when im writting response to the form 300, he had his own declartion attached, along with point of authority to support his request .
and he asking new judgmental ,
in my casse.,he lives out the state, and my kids are minor 2 and 3, they are going school here in cali, and he doesnt work, no money, living with his parent in studio, kids dont even have their own bedroom or bed ,
while here with me , where they always lived here, born here, i take them to school, daily live , care for them, and such ,
does he stil can win the case and get 50 of the custody ??? he want tem to travel to visit with him for 4 week every other month , wich mean 6 monthes of the year to stay with him , and not go school, or any
and with his finanacial that he cant even support him self, , can he win that ?
when i started the divorce case , i had agreemnt with him but that before he move out the state, and also he violtaed that agreemnet, and the case went in default and i asked new judgmental order and almost full custody ,
now in his request he want the old agreement to become part of the new judgmental and so he can get 50 of the custody ,
will he get that based on old agreemmnt, that agreement was never notraized, never enterd as court order,
also in my case now when i respond, is there point of authority that support my response thats related to kids having stablity enviroment , and support me having full custody because of what i mentioned earlier, is there any codes or laws i can mention support my response aaginst him ???
he is using in his request to set aside the court order because he was mistakeing and wasnt being told any at end of the case aand i toke advantage of it
where in realty i tryed to work and asked hm to change that agreement many times because he moved out and he said he wont move back again, and also because he said he cant afford paying child support , and he violated that agreemnet
please advice, i know its alot of questions
that agreement was only piece of papers , so it was never court form, and that was the begin of the case , and it has nothing to do with case going in deafult, he told me hw ill not respond and it wil go in default anyway, but he is making thngs up to make it soundlike i toke advantage of it .as it may sound
i understand, what happend that i gave him fair deal by giving him holidays vistiations and summer times, but he doesnt like it, he is being pain, so now he want 50 ,
is there any point of authporiyu you can recoomend that i can attach to support my case, so i can get ful custody, or solo custody and he gets visitation only??
also , how should i respond,
my other quetion, can i edit my previous order in the respond to his motion and ask the judge for ful custody, or should i just stick to my current order for now ??
thank you again
the agreemnet we had before was written and i did summit with the fisrt amended , but when i found out how he acted, i requested judgmental order diff what was in the agreemnet,
in his motion he attaching that agreemnet, but this agreemet was never enterd in the judgmental, it was when the cas started , but nit whn its ended , so he is saying he got fooled , but i wanted to make change when kids started schooling, he the one never wanted to work with me and he rather get his way and never , and always threanted me , and pick fight ,
i had told the judge about that agreement, but the judge said if the agreemnet was never enterd in th final judgmental order, then wont count,
so she never counted it because it was not in the form 180 , or the visitatin, i even told her my reasons for the change and she understood ,
thats why im getting the court transcripts to show i did mention it, because he stating that i never told the judge about it , so he is liying
can sombody help me