Francesca Mintz Brotman-Orner's Answers

California - I need to get a move out order to leave the state with my children

Move-aways are complicated. If you search on the Internet (for example, with www.google.com or www.yahoo.com) for California Move-away and custody, you should be able to find some good articles and citations to the relevant cases, such as LaMusga and Montenegro. Good luck, Francesca Brotman-Orner

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Who is responsible for the cost of visitation expenses when the non-custodial parent decides to moves almost 3,000 miles away?

Hello, Absent a court order, you are not obligated to pay for your daughter's trips to visit her father, nor are you obligated to take her to Iowa. It is impossible to predict, without knowing more about your case, what a court would order regarding visitation in Iowa. However, it is not unusual for a court to order the parent who is moving away to pay for the travel that is required for visitation and to arrange for the child to be accompanied by an adult during travel times. Courts do...

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Can I appeal my child support?

You are in a difficult position if you just went to court yesterday and the judge increased your support payment. The court expects you to bring all of the relevant information at the time of the hearing, and if you did not do that, the court may be unwilling to change the order. However, you have a VERY short period of time in which you can ask the court to reconsider its opinion based on new or different information or law. If the information was available at the time of the hearing,...

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My son goes to private school. Am I responsible for fees the school charges for supplies & books in addition to child support?

The answer depends on what your court order for support says. If the order says that you two have to split the cost of your child's educational expenses, then yes, you have to pay for 1/2 of the mandatory expenses. However, if your son was not going to private school at the time that the court made its support order, and you did not agree to his going to private school, then you may not be required to contribute. It would be useful for you to consult with a competent family law attorney...

Do I have cause to take my ex-wife back to court?

If you think that your ex-wife is beating your son, and you have some evidence to prove it, then yes, most likely you should go back to court for a custody hearing. However, there are a lot of factors that need to be taken into account, and you should discuss the best way to proceed with a competent family law attorney. If you want the court to consider police report, then you will have to subpoena the police officer to come into court to testify, and you will have to make sure that the Court...

Can I get a restraining order canceled that my husband placed/but aloud me back in our home

This is a difficult area of the law that is really based on the specific facts in your case. I think the more important question is why you continue to live with someone who forces you - and your child - out of your home whenever he feels like it. The Court does have the power to remove a restraining order if you can make a compelling enough case. You should really consult with a competent family law attorney on this issue. All the best, Francesca Brotman-Orner

Being not married to the father, but living together, can i relocate to another state with child

From what you have described, the fact that you and the father are not married has nothing to do with his parental rights. He has been living with his child and you and he have both acknowledged that he is the father of your child. If you were to move out of state, he could start court proceedings to require you to bring your child back. If you want to be able to move out of state with your child, you can file papers with the court to start a custody proceeding, and you can ask the court to...

When serving papers after a response, do they go to the petitioner of her lawyer

You file the response with the court and you send the response to your wife's attorney. If you are not hiring an attorney right away, your court probably has a self-help center. It's a good idea to have the staff at the self-help center review your paperwork to make sure you have completed it properly and that you have not compromised your position unnecessarily. All the best, Francesca Brotman-Orner

Can she still get that?

California has a specific formula for setting child support. The courts use this formula in determining how much support should be. It is based on how much each parent earns and how much time each parent has with the child. Sometimes, if a parent has other unusual financial obligations, the court will take that into consideration, but not always. You should either ask an attorney to help you do a support calculation so that you can determine what the appropriate amount is, according to...

What if i missed my modificaton court date that was continue becuase of my on going disability

You should call the courtroom right away and explain why you missed your court date and ask if the court will schedule another date. The court might or might not be willing to do so - you may have to re-file your papers. The court also can fine you for not showing up on the date the court set for your hearing, so you have to be very careful not to let this happen again. If you can't go to court on the date set, you should tell the court as soon as you find out and ask for another date. You...