Title: May 28, 2008
Q: My daughter, who just turned 18 years old, had a child with a man who has a criminal record. They never married. The baby is a little over 2 years old now. My daughter wants to have sole custody of the child, but this man insists that he wants joint custody of the child and wants to be involved in the life of the child. What should we do?
A: If your daughter just turned 18 and the baby is over 2 years old, this man committed statutory rape. Your daughter was only 16 years old when she gave birth to the child, and was probably only 15 when she was impregnated. She needs to file a Paternity action with the Court to establish who will have custody of the child and also to establish how much child support this man must pay to her. She could certainly also file charges against him for statutory rape. If he already has a criminal record in addition to the statutory rape charge, it is unlikely that he will obtain any kind of custody of this child.
Q: If older people with families from previous marriages get married again, how do they each protect what they want to leave to their own children or grandchildren?
A: By having a Revocable Living Trust prepared, called an A-B Revocable Living Trust. Each trustor basically sets up his/her own trust, although the A-B Trust is usually combined in one book. Each trustor can give his/her assets to members of a previous family, or friends, or a charity or church. Such a trust is very flexible and there are numerous ways of leaving one’s assets to beneficiaries. If one trustor dies before the other, that portion of the Trust becomes irrevocable, and assets from the deceased trustor can be distributed according to the deceased trustor’s wishes, right then and there. I highly recommend that everyone have a Living Trust. If you own a house in California, you should have a Living Trust. The threshold for an estate to have to go through the Probate process when one dies is $100,000. Even though the real estate market is in a downward mode at this time, it is unlikely that your house is worth less than $100,000. Do not think that only the equity is counted towards the minimum threshold. It does not matter that you have a mortgage still on the house. It is the value of your entire estate, i.e. bank accounts, stocks, bonds, cars, jewelry, art, real estate, boat, RV. All will be added up towards the minimum threshold. Having a Living Trust and transferring your assets into the Living Trust will protect your beneficiaries from having your estate go through Probate Court and will instead be transferred directly to them through a minimal process.
Maxine de Villefranche has been an attorney for 15 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Showing posts with label joint custody. Show all posts
Showing posts with label joint custody. Show all posts
Tuesday, March 24, 2009
Legal Eaze #73 Move Away Custody/Dangerous Used Vehicle
Title: July 25, 2007
Q: My ex-wife remarried a man from New Zealand and she is moving there with our nine year old son. I spend a lot of time with my son, at least 2 full weeks per month, or sometimes more and I am totally opposed to being separated from my son forever. I have a dissolution judgment that gives both of us joint legal and physical custody over our son. What can I do to stop this move?
A: You need to file an Order to Show Cause in the original court to stop the move-away. If you have joint legal and physical custody of the child, it is possible that you would get full custody of this child at the OSC, or later, after a Child Custody Evaluation is performed, which can be costly and is a lengthy process. She will have to justify separating you from your son forever. Move away cases are filling the Courts right now. The law is changing constantly regarding this issue. Obviously a move to New Zealand would change the dynamics of your relationship with your son forever, and such a change requires serious justification. Various Courts apply the law differently, depending which county you obtained your judgment. You need to do this as soon as possible, as you are not telling me how quickly your ex-wife plans her move away.
Q: I bought a used car from a car dealership a couple of weeks ago and paid $15,000. Already the brakes are shot and I need to change the tires because they are threadbare. Isn’t it against the law to sell a vehicle without good brakes and good tires?
A: Yes, it is. However, when you buy a used vehicle, it is your responsibility to make sure you are not buying a vehicle in disrepair or that will fall apart the minute you drive it off the lot. You should have consulted a mechanic to look the car over before purchasing it. Nevertheless, it is against the law for a dealership to sell you a car that is dangerous to drive. You must go back to the dealership and make a complaint that they sold you a car without good brakes and good tires and they need to fix the bad brakes and put better tires on the car. $15,000 is not a measly sum of money to pay for a used car. There is a lot of information you can obtain from the Dept. of Consumer Affairs, Bureau of Automotive Repair about this subject.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
Q: My ex-wife remarried a man from New Zealand and she is moving there with our nine year old son. I spend a lot of time with my son, at least 2 full weeks per month, or sometimes more and I am totally opposed to being separated from my son forever. I have a dissolution judgment that gives both of us joint legal and physical custody over our son. What can I do to stop this move?
A: You need to file an Order to Show Cause in the original court to stop the move-away. If you have joint legal and physical custody of the child, it is possible that you would get full custody of this child at the OSC, or later, after a Child Custody Evaluation is performed, which can be costly and is a lengthy process. She will have to justify separating you from your son forever. Move away cases are filling the Courts right now. The law is changing constantly regarding this issue. Obviously a move to New Zealand would change the dynamics of your relationship with your son forever, and such a change requires serious justification. Various Courts apply the law differently, depending which county you obtained your judgment. You need to do this as soon as possible, as you are not telling me how quickly your ex-wife plans her move away.
Q: I bought a used car from a car dealership a couple of weeks ago and paid $15,000. Already the brakes are shot and I need to change the tires because they are threadbare. Isn’t it against the law to sell a vehicle without good brakes and good tires?
A: Yes, it is. However, when you buy a used vehicle, it is your responsibility to make sure you are not buying a vehicle in disrepair or that will fall apart the minute you drive it off the lot. You should have consulted a mechanic to look the car over before purchasing it. Nevertheless, it is against the law for a dealership to sell you a car that is dangerous to drive. You must go back to the dealership and make a complaint that they sold you a car without good brakes and good tires and they need to fix the bad brakes and put better tires on the car. $15,000 is not a measly sum of money to pay for a used car. There is a lot of information you can obtain from the Dept. of Consumer Affairs, Bureau of Automotive Repair about this subject.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
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