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Mike Darlington

Mike Darlington

Mike Darlington, Attorney at Law
  • Divorce, Family Law, Domestic Violence...
  • California
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Mike Darlington - Uniquely Qualified To Protect Your Interests

I have litigated and negotiated thousands of divorces. For 15 years I was called upon as a judge pro tem (temporary judge) in the family law courts of San Bernardino County. For over 10 years I held the contract to advocate for minor children in custody cases in the Rancho Cucamonga courts. These experiences give me a unique perspective, enabling me to more fully understand the legal issues at play and how the judge will view your case.

I am familiar with every stage of the legal process, from filing the initial paperwork to appealing family court rulings. I will help you develop a sound strategy and choose your battles to protect what is most important.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
  • Appeals & Appellate
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
State Bar of California
ID Number: 110402
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  • English: Spoken, Written
Professional Experience
Attorney / Founder
Mike Darlington, Attorney at Law
Western State University College of Law
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Western State University College of Law
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Martindale-Hubbel Lawyers Service
Peer Rated for High Professional Achievement
Professional Associations
State Bar of California # 110402
- Current
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Articles & Publications
Sharing Custody and Creating a Parenting Schedule: What Divorcing Parents Need to Know
The Articles section of Mike Darlington - Attorney At Law website
Websites & Blogs
Legal Answers
62 Questions Answered

Q. DV R/O files on me by my child’s father but he’s on my social media stealing her Pictures through a fake profile
A: You can always file for a restraining order, but it would appear you would need a lot more to obtain one. I am not sure what you mean by he's "stealing her pictures through a fake profile." If you are indicating he is merely copying pictures of his child from your profile, that will probably not be enough to persuade the court. That being said I would suggest you go to the local facilitator's office to get help with the paperwork.
Q. Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?
A: Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.
Q. baby last name for a married couple in CA
A: I've been doing family law for about 35 years and this is the first time I've come across this as a sole litigation issue. I'm assuming the child has not yet been born or there would already have been a selection of the last name for the birth certificate. Of course the easiest solution is to hyphenate the last names. If that is not an option then you need to figure some compromise that both of you like. If this is a problem at the start I shudder to think the problems this couple will face down the road. I do not think this is one fray the courts are going to be anxious to enter, and not even sure what kind of action (nor the wisdom of it) one would file to address this as a sole issue. My suggestion is that the couple get into co-parenting counseling to learn how to work together on these kind of issues.
Q. I have been having supervised visits with my son for 7 months. We recently changed to home visits which mom hasn’t shown
A: She is only in contempt of court if she does not follow a court order; not a suggestion from the supervisor. Unless the order specifically allows for that. If it doesn't than she is not. If you want to change the custody/visitation orders than you should file an FL-300 that requests exactly how you would like it changed. That would include a change to the supervised visitation order.
Q. I worked out a deal with DCSS, 15 years ago. Paid all the arrears off. Ex is in a care home. Kids are 36 and 32.
A: DCSS normally doesn't send emails out of the blue, so you should contact them in person to determine the validity of the email. Normally, if they think you owe money, they send a letter explaining the basis of the claim. I would not respond to the email in case it is some type of scam and contact their office personally. But get the number yourself and not use any numbers off the email. When you contact them they will tell you if they are claiming a balance owing and why.
Q. Can a person go to a family law hearing if it's not theirs?
A: Hearings are open to the public unless it is a confidential case, such as an adoption, paternity, CFS, etc. For those type of cases they normally close the courtroom. Other than that you should be able to attend.
Q. My husband filed divorce but now refuses to proceed in effort to prolong the process. Do I have any immediate recourse
A: I am assuming that this is a California divorce for the purposes of this question. You do not need to wait on him to move the case forward. You should file a Response to his Petition requesting a divorce. When your response is entered that will become the jurisdiction date and the six month clock will start running. There is a host of other paperwork that will need to be filed such as disclosures, property declarations, financial declaration etc. Once those are filed by both parties you can file an At-Issue Memorandum asking for a court date to finalize the matter. But the first step is to file your response. If you need help with the paperwork each courthouse has a Family law Facilitator's Office that will help you with your paperwork, free of charge. Get moving, you don't have to wait for him; he is obviously using this a means of control over you.
Q. I live in California and want to move out of state. We have joint legal custody however, I have sole physical custody.
A: Depending on the wording in your custody order you may or may not have the right to move without the court's permission. Often times even a sole physical designation carries with it such a prohibition. If your's does not, to just up and move, even with notice, has a number of pitfalls. There is a notice requirement and a requirement that the other party still be allowed their court ordered visitation; which could be impossible due to logistical problems. I have found the better approach is to file a Request for Order (FL-300) so you have the court's validation of the propriety of the move.
Q. ELDER MALE, 90 LAST APRIL2020. WIFE HAS $3700 MONTHLY ANUITY INCOME VS MY SOC. SEC $2000. Can I receive almony?
A: You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.
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Contact & Map
Mike Darlington, Attorney at Law
1737 Yuba St.
Suite B
Redding, CA 96001
Telephone: (530) 244-2600