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David J Glass

David Glass’s Answers

83 total


  • What are the consequences if my son's mother ignores a court order and tries to move my 6 year old son out of town?

    Today a judge ordered 'Neither party shall change the city of residence of the minor amid absent agreement or court order pending hearing.' Two days ago she moved to Lancaster from El Segundo. Our son, who has no custody set in the court system...

    David’s Answer

    Think about going in on an ex parte application to ask the judge to order that your child live with you and continue in el segundo schools until hearing. Her refusal to follow orders should her her ability to have primary custody of your child.

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  • How is encouraging frequent conact with other parent defined by court? Does it include willingness to allow child call parent?

    I want to talk to my daughter. this is her first time being away with her father this long. The change in visit was abrupt. Father already has me out as being the aggressor and following him. she is 2. He refuses to communicate with me on ofw as o...

    David’s Answer

    You mentioned minor's counsel. You should tell him/her about the problem with not having telephone calls. If asked, the Court will often set up days/times for phone calls and/or FaceTime calls with children and the non-custodial parent. Ask for a specific day/time order (like every day at 7 pm) so it is not left up to chance.

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  • I dont know what to do. I think I need to hire a family law attorney. My ex wife is not working any visitation out with me.

    The divorce decree that she filed and I signed, stated that because I was out of state, me in California, and her in Florida, that I would get to see my 1 1/2 year old son once a month for a weekend, and that we would come to mutual agreements abo...

    David’s Answer

    In addition to what attorney Lavinsky explained, once you get an attorney in Florida, you should think about asking for very specific custody orders. For example, instead of saying "one weekend per month" have the Orders specify the first, second, third, etc weekend from Thursday at 5 pm to Sunday at 5 pm. Likewise, instead of leaving other decisions to be "mutually agreed," have those issues spelled out by the Court.

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  • How can you find a guardianship court date and time schedule?

    My deceased sister in laws sister filed for guardianship over my 12 year old niece. I want to contest it. How can I contest it? Does the 12 year old have a say? Will they ask my 12 year old niece where she wants to be? Is it required for the court...

    David’s Answer

    First, you can check the court website lasuperiorcourt.org, and can do a litigant name search to find the case number. Then you go to the probate section of the website and use the case number to look at the upcoming hearing dates and times

    Your other questions are too complex to answer in a forum, but ordinarily a 12 year old child will have some "say" if she is mature enough. The court may also appoint An attorney to represent the child.

    You need to talk to a lawyer.

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  • What California case law can I use to prove parental alienation syndrome? What can I use to prove parental alienation syndrome?

    I am trying to modify an existing child custody order based upon parental alienation. I have supporting documents from a Family counselor and an Evaluator

    David’s Answer

    • Selected as best answer

    It is not as much a case you need to "prover" parental alienation, but rather you need to prove that the other parent is engaging in a set of behaviors designed to alienate your child from you. Those behaviors include making derogatory statements about you to the child, convincing the child that he/she has something to fear when around you, preventing the child from communicating with you, etc. Ordinarily, a litigant will hire a psychological expert to testify about the behaviors observed in the other parent to help make their case. These are difficult cases to make in Court, because many of the alienating behaviors are subtle, and it is often hard to "prove" that a child's reticence to see one parent was caused by the actions of another parent. Finally, realize that the psychological literature on parental alienation (not a syndrome, but a set of behaviors) requires that a psychologist first determine that there is no valid reason for the estrangement of a parent from a child. So, to even get to an analysis of parental alienation, you have to first show that nothing done by you would be a valid source of "estrangement" from the child.

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  • I have sole physical, joint legal with my ex. Can I still make my fiance my child's Plenary Guardian in case of death?

    My ex and I are not together. I have sole physical and share legal. We split after years of being a victim of domestic violence and my ex lost custody after neglect and endangerment. They have one day of visitation, but our child lives with me....

    David’s Answer

    I agree with the previous answer posted. In addition, you need to understand that you can list anyone you want to take care of your child after your death, BUT, if there is a biological parent around, he/she gets the presumption of being the child's best caregiver, and the person you named otherwise would have to go to Probate Court and file a Petition for Guardianship. In that Petitioner, the person you named would have to explain how much he/she was involved with your child on a day-to-day basis up to your death, and then would also have to show that having the child remain with the other biological parents would be a "detriment" to that child. It's a very hard case to win, but not impossible. So, go ahead and name someone else in your Will to care for your child if you die, but understand that your choice does not automatically control, and the named person will have to complete the process in Court on his/her own.

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  • Can father get joint custody, name change, overnight visits/long visits if I my I'm a breastfeeding mom with an attachment bond

    I have a mediation for visitation/custody with other parent. I am a breast feeding, Co sleeping mother who's with her baby 24/7. My baby never separates more than 15 mins from me before she cries for me. Father hasn't been there at all for her not...

    David’s Answer

    In LA county, you need to specify, on the intake form for the mediation, that you want to be seen separately from the child's father.

    With regard to limiting Father's time, you need to focus on things like his irresponsible behavior, lack of involvement, lack of parenting skills, lack of parenting experience. You will not be able to completely limit his time with your daughter, but you can ask to keep the visits short, and to have another, more responsible person (his mother? his sister? your relative?) present during his visits. Here's the " bad news": you can expect that if you go to Court that the Judge will award Father short visits a few times per week....perhaps 3 days for 1 or 2 hours at at time. That's a good reason to agree to something else, on your own, in mediation.

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  • I was laid off my job so my wife took our kids out of school and moved to her mother's home 85 miles away without my consent.

    She insists I move there also, or not be allowed to see my kids. Is this legal? What can I do?

    David’s Answer

    Once a divorce or custody case is filed and served, then neither parent can move with the children outside the very-local area of the former residence without the other party's consent or a Court Order. If you have not started a divorce case yet, then you may need to start one (or start a custody-only action), and as part of the relief you request, ask the Court to Order your wife and the children back to your home/local area. This has to be done QUICKLY to avoid having the court think that either you consented to the move, or are "fine" with the new status quo. You should definitely see a family law attorney about this right away.

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  • Can the noncustodial parent go to our child's school outside of their visitation time?

    I have sole physical and joint legal with my ex. They were abusive and violent towards and in front of the kids and myself. They were given Saturday visitation for a set time. Now they're saying they can "go to our child's school" any time they...

    David’s Answer

    Ordinarily, the noncustodial parent CAN go the child's school or activities, even if they have specific visitation time. If you want to keep the other parent away from the child's school and activities, you ordinarily need specific language and/or a stay-away Order (typically granted as part of a Domestic Violence Restraining Order).

    However, if your custody/visitation schedule is part of a DVRO, then if you look more closely at the DV-140 Order form, you will see that the Judge probably checked-off the box to keep the abuser 10 years away from you, your home, your car, and the children's school and activities. In that case, you can give a copy of the DVROs to the school and let them know that the other parent is not allowed to visit.

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  • Change back to previous name after adoption

    My ex adopted my child in a step parent adoption at which time we changed her name. He has since abandoned her. Can the child return to birth name without going through the hassle of publishing it in the newspaper. The way a divorced woman can ret...

    David’s Answer

    Sorry, but the only way your daughter can change her name is by the method you mention -- filing a Petition, and going through the publication requirements.

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