Legal Question in Family Law in California
Divorce Questions
Hi,
I have a couple of questions about divorce. I have recently filed a petition for divorce along with a restraining order - seeking sole legal and physical custody.
1. We have an appointment for mediation coming up. Since we have a restraining order, we are going to mediation seperately. When do I find out what he is asking for? Is he legally obligated to write down what he wants, his possible allegations, etc?
2. Do grandparents have visitation rights?
3. I have a temporary restraining order and I couldn't get a mediation order until after the court hearing. The hearing was to go over child custody, and child support and required mediation. Can I just ask the restraining order to be made permanent or do I have to wait for mediation?
4. As of what date do they determine the division of assets? Is it as of date of seperation or date that the divorce becomes permanent?
---name removed--
2 Answers from Attorneys
Re: Divorce Questions
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear enough and/or complete enough to provide a definitive answer to you inquiry; however, I would say that you should contact an experienced Family Law attorney in the county where the divorce is taking place for specific advise and possible representation on your behalf. Many attorneys give a free consultation.
Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.
Re: Divorce Questions
Normally you will find out his request when and if he files a response. You cannot be granted a permanent restraining order until the next hearing (if then), since he is entitled to have his side heard on the matter. As far as grandparents and visitation rights, usually they do not, but I can't answer that unless I know all of the facts. I would like to caution you, however, that if your child has a good relationship with the grandparents, you may want to allow them to visit. It can be on your terms (you are present, etc.). Having a parent removed from a child's life is traumatic enough, even if it is best for the child. Your child still loves his or her father, even if you don't. You should consult an attorney. Child custody issues are too important to deal with on your own.