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Divorce court
Hi, I'm 14/f living in California if that helps.
Anyway, my parents are getting a divorce and it's been very difficult- my dad is a chronic liar (diagnosed by 3 doctors but refuses treatment). While married to my mom he had a girlfriend for 3 years. She got pregnant and had a baby boy and he mostly lived with his girlfriend and the baby for 1 year, then my mom finally decided to divorce him. The current arrangement we have is that my 12-year-old brother and I live at my mom's and see my dad every other sunday at 11:00. The problem is that my dad wants half of our house (he wants us to sell it even though he promised in march he would let us keep the house) and that he insists he and my mom have been seperated since 1998 when they have only been seperated since march 2004 (if he tells the truth he will have to pay more money). My mom has a great lawyer who's working very hard, but the court is kind of against us- my dad's friend Al is the bailiff.
Al is a nice guy, though my dad is not, and he and my dad used to be friends because they were both police officers in Oakland. One day as they were making an arrest there was a fire (no one is sure quite how). Al was trapped and my dad saved his life, but Al got some brain damage (I'm not sure how severe it is). Now Al owes my dad big-time so the court is biased against us, basically. Is there anything my mom can do about:
(A) The date of seperation (if needed my brother and I can attest to when they seperated)
(B) Him forcing her to sell the ohuse (not yet but he will and we will have to move far away, it costs a lot to live where we do)
(C) the court being biased?
If anyone knows any website or can help me, that would be great. Thanks in advance.
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I am no lawyer but I do understand what you are going through. My parents divorced in 1996. Although my Dad never cheated on my mom while they were married he did while they dated and he a son. Which we did not know what his till like 2000. It was weird. That is just a little information about my situation but now I am going to help you (or try). The best thing for the date of separation is to attest you and your brother both. Although your dad can get in a lot of trouble if he is lying in court. Especially if he has "put his hand on the Bible" and can be fined a whole lot.. in case he is not aware of that. If your mother is paying for the house and with out his help then he has no say over whether or not to sell it because he is not the owner of it, and leagally since he has been living some wheres else for a year it is no longer his house UNLESS it is partly under his name. I think (if it is) that you can somehow change the name in which the house is under. but if he wants to sell it it might be hard since he may have to sign something to sign it over too... He has a home somewheres else so really there is no point in why he wants the house to be sold.
Yes, I believe the court is being biased. I mean if the baliff is friends with your dad and "Owe's him big time" then he may do something to help your father win the court hearing. If I were you and your family I would talk to your lawyer and see if yall could get another baliff on duty for this hearing.
I hope this helped!
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Hi,
I am no big shot on law especially when it comes to American law!
I have spoken to one of my friends Ashlie who comes from California and apparently your Mom can put up a petition to keep hold of your house until you and your brother are both 18 or until you leave full time education - whichever is first.
As for the fact that your Dad knows the bailiff don't worry about that.
If your Mom's lawyer is half as good as you say he will not let this affect the case in any way.
And this Al guy is only the bailiff.
He is not the judge and it is for the judge to decide.
Good luck with everything!
Take care
Mel
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I'm not a lawyer, but since your dad abandoned all of you, it seems you would have grounds to ask that the house not be sold until the children are all 18 years old. This is what my ex and I did, and it worked out for both of us. He earned equity on the house, and I had an affordable house payment. It is important that you children have a safe and solid place to live while you are growing up. Have your mom tell her lawyer that if you are forced to sell the house, she will be forced to raise the child support to accomodate living somewhere else. Hope this helps.....sorry you're having to go through all of this.....
Martita
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I don't know the laws of California but here's some info. I hope it helps.
A. If your parents didn't have a legal seperation then the judge just has to either believe your mom or dad, and since your dad is a diagnosed chronic liar the judge may favor your mom.
B. In the case of homes, a judge will usually order the house to be sold and the money from the sale to be split between the two.
C. The bailiff has nothing to with the judge. All he does is state who the plantiff and who the defendant are. He shouldn't have any way to cause the judge to be bias.
Good luck. I know divorce is hard.
**Some websites are www.divorcesource.com and www.divorcenet.com
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you wanna start with me im not fuckin kidding dont talk to me and dont u be calling me a hore bitch or ill kick ur ass
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