http://chat.lawinfo.com/ en Tue, 24 Nov 2009 03:03:39 GMT vBulletin 60 http://chat.lawinfo.com/images/visioncollison/misc/rss.jpg http://chat.lawinfo.com/ http://chat.lawinfo.com/showthread.php?t=54891&goto=newpost Mon, 16 Nov 2009 22:39:49 GMT I've read many of the responses in this forum related to the rights of a step-parent. Some even cruel enough to use anger from their own situation where someone is taking advantage of the situation and hate for their spouses ex. I would also agree that it is a shame that all sides seem to think about themselves in family marital situations. However, there is way more to this subject. Being analytical and attempting to set aside emotions for a minute allows one to think, see and behave more clearly. There is only one thing that matters when it comes to a custody issue and that is the best interest of a child.

I am in California and have been married for 6 months to a woman with a 2 year old child. I have given up a 6 figure income to bring up this child. Who cares you might ask? I do. The biological father of this child refused to sign the birth certificate. When he found out that the mother of this child, my wife, had gotten re-married, he literally got married himself. He has never ever offered any amount of money towards support. I'm a male and frankly I find this man to be a coward to not accept his parental responsibilities and even better attempt to harass my wife prior to us getting married. Luckily, he's a little afraid of me. I'm the unknown quantity.

The reality is, I know at this point that if something should happen to my wife I loose all rights to this child. Even if I am the one who has given the major amount of parenting when it comes to bringing up this child, if she dies, he looses everything. His biological father has many issues such as having been arrested for cocaine possession, as well as, has been open about hearing voices. I will do everything legally possible to keep this man from having any more rights and I am going to be starting a foundation to see if there are any laws that can be affected. This child deserves the best and I have dedicated myself to ensure this happens. Any comments of a positive nature would be appreciated. Any negative ones will not be justified. ]]> California CaliforniaStepParent http://chat.lawinfo.com/showthread.php?t=54891 http://chat.lawinfo.com/showthread.php?t=54563&goto=newpost Sun, 08 Nov 2009 23:18:10 GMT About a year ago my son had just come out of a divorce, lost his job, and had his automobile repossed. He eventually found another job but did not... About a year ago my son had just come out of a divorce, lost his job, and had his automobile repossed. He eventually found another job but did not have a vechicle, So to help him out I told him I would lend him my Pick-up truck until he could get back on his feet. That was over a year ago. I have since asked him, to return my truck to no avail. Where do I stand legally in this situation?? Is there anything the police can do for me? Without me personally going and finding the truck and repossing it. ]]> California crasher180 http://chat.lawinfo.com/showthread.php?t=54563 http://chat.lawinfo.com/showthread.php?t=54342&goto=newpost Tue, 03 Nov 2009 22:15:10 GMT My wife took out a loan by mortgaging community property in California during separation period. I believe the loan proceeds are community property. ... My wife took out a loan by mortgaging community property in California during separation period. I believe the loan proceeds are community property. Are there some Points and Authorities such as statutes or case law on my belief that the loand proceeds are community property ? ]]> California Harry Yoshida http://chat.lawinfo.com/showthread.php?t=54342 http://chat.lawinfo.com/showthread.php?t=54328&goto=newpost Tue, 03 Nov 2009 04:33:44 GMT I am a father who has had an arrangement with the mother of my child since we split up when our son was a year old. Now he's nearly three. I had to move about two hours away for work but still see our son 3-4 days/week. We have had this arrangement since I moved out. I pick him up on Thursday night and drop him off Monday morning or evening depending on the week.

Recently she decided she wanted him on some weekends. I decided it was time to get everything in writing and make it official. We went to mediation today and I am pushing for getting him one week on/one week off. The mediator made it sound like since he is only 3, i have no chance of getting him for 7 days at a time. She said the most we could do was 3 days since he's three years old and it's usually age dependent on how long the child can be seperated from each parent. Is this true? Mostly I am wanting this arrangement to make daycare arrangements easier/less driving for him/more stability etc. Any advice on how to make my argument in court? Do i really have no chance?

We have not had many problems working out joint custody unofficially so far, but she absolutely will not go a week on, a week off. She's a little unstable and although she says it's going to be too hard for him (which I know isn't true--as our son is very well adjusted), she has also stated "i just can't be away from him that long". She has also started some manipulation with crying when he's with me so he feels bad about being with me. He has started saying "mom cries when i go with you". What should I do?? any help or experience with CA law will be much appreciated! ]]> California CAdad http://chat.lawinfo.com/showthread.php?t=54328 http://chat.lawinfo.com/showthread.php?t=54263&goto=newpost Sat, 31 Oct 2009 17:06:14 GMT When I was 17, my girlfriend at the time (also 17) got pregnant. I am not convinced that the child is biologically mine since she had multiple... When I was 17, my girlfriend at the time (also 17) got pregnant. I am not convinced that the child is biologically mine since she had multiple partners.

However, when the child was born I signed my name to the birth certificate (still 17 years old and did so without parental consent). So, as far as the state is concerned, because I did not remove myself from the childs' birth certificate within 2 years after his birth, I am the presumed father.

Naturally, the relationship disolved between us and we each went our separate ways. Now, I am 21 (almost 22) and the child is 4 years old. I got hit with a summons from Child Support Services to appear in court for a hearing on an order for me to provide 50% medical coverage for the child.

I hired an attorney to prepare a response to the effect that I, first, wanted to establish paternity. The documents were filed and a hearing was held on Oct 27th, 2009 (this past Tuesday).

In the courtroom was me (unrepresented), the girl and along with her one of those Child Services DA's.

Well, the commissioner stated that the only way she would allow my request to establish paternity is if BOTH parties agreed to it. The commissioner began her questioning of the plaintiff (my ex-girlfriend) and asked her if she agreed to do the DNA test. My ex-girlfriend replied 'yes'. The commissioner then proceeded to ask her, again, if this is something that she really wanted to do and did she want some time to think about it. My ex-girlfriend replied "no, it's OK". Then, the commissioner asked her again (in a questioning voice) "are you sure that this is something that you want to do? If you would like, I will call a recess and give you time to think about it.". My ex-girlfriend replied "no, if Thomas (me) wants the test it is OK with me". The commissioner then asked me if I had a relationship with the child. I replied "no". The commissioner asked me "what does the child call you?". I replied "Thomas". Then I said to the Commissioner, "he calls (her) live in boyfriend "daddy", not me." The commissioner asked my ex-girlfriend "is this true?". My ex-girlfriend replied yes.

Next, the commissioner asks my ex-girlfriend once again "are you sure this is something that you want to do?" in a leading voice. At that time, the DA leans over to my ex-girlfriend and says something to her and my ex-girlfriend replies to the commissioner "no".

I could not believe that this commissioner actually coerced my ex-girlfriend into disagreeing with the testing. It blew me away, completely. Once my ex-girlfriend said the word "no", the judge slaps the gavel down and denies my motion to establish paternity.

I have until next week Friday to file an appeal. I cannot afford an attorney and do not know where to turn. Can anyone help me?

The case is in San Bernardino, CA Child Services court.

Thank you. ]]> California JerryS http://chat.lawinfo.com/showthread.php?t=54263 http://chat.lawinfo.com/showthread.php?t=54056&goto=newpost Mon, 26 Oct 2009 20:32:34 GMT I wonder if anyone reading this can assist me with suggestions. I am now in a legal proceeding having to do with spousal support. Early on, I as... I wonder if anyone reading this can assist me with suggestions.

I am now in a legal proceeding having to do with spousal support. Early on, I as the respondent and my

former spouse as the plaintiff, were both required to submit to the court, a declaration of all sources of

our income and expenses, and though I was completely honest and forthcoming in my declaration, he was not.

I have just learned, nearly a year after we each submitted our declarations of income and expense, that my

former husband has, for a number of years, had an eCommerce business on the side in which he sells

electronic equipment products he manufactures. He did not declare this business nor make mention of any

income received from this business in his declaration of income and expense.

I am quite sure he does indeed have an income stream from his business predicated on a number of things;

1. He has, for as long as I've known him (since 1973) continually had a successful side business

of electronic components he manufactures.

2. His side businesses have always been "under the table", in that he has never declared them on

his income tax or in any other way, made it known that he has this income.

3. On his current eCommerce Websites, he has testimonials from customers in the States and Europe,

proclaiming how wonderful his products are. This infers to me, that even if he hasn't sold a single thing

to anyone else (and I'm sure he has), he has at least sold his products - which are
listed for as much as $2,500 each - to these persons who are giving testimonial concerning the

desirability of the products.

My goal is to discover exactly how much income, and for how long he has had this income, he derives from

his otherwise undeclared business. For transactions less than $300, he uses Paypal on his Website, and

that doesn't offer a difficulty insomuch as I can subpoena his PayPal transactions. However, for

transactions over $300, he uses either direct deposit or checks written on US banks.

He can use any of hundreds of banks for eCommerce sales deposits from his side business, so I know of no

way to subpoena records of income stream. Furthermore, I suppose in many cases, he could simply go to a

branch of the bank on which checks are drawn and cash the check there.

Does anyone have any suggestions as to how I can discover this income from his side business? ]]> California E. Aoife http://chat.lawinfo.com/showthread.php?t=54056