Alex Grager’s Answers

Alex Grager

Los Angeles Family Law Attorney.

Contributor Level 8
  1. My ex-wife wants to see the kids 50/50

    Answered over 4 years ago.

    1. Alex Grager
    2. Douglas Scott Srulowitz
    2 lawyer answers

    The answer depends on whether you have any court orders regarding custody. Generally, if the parties cannot agree between themselves, one of the parties will seek custody orders from the Court. Generally, the presumption is that both parents should have frequent and continuing contact with the children. The courts have wide discretion in determining custody arrangements and must decide what is in the children's best interest. if your wife hasn't been around for a year, it is unlikely that...

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  2. If i use marijuana medically, can that affect my chances in getting custody of my kid.

    Answered almost 5 years ago.

    1. Michael Douglas Shafer
    2. Alex Grager
    3. Zephyr Savoy Hill
    3 lawyer answers

    The Courts generally have a lot of discretion in determining what's the best custody arrangement is for a child. The guiding principle is what's in the child's best interest. If you are an otherwise involved dad and you do all of your parental obligations, if you and your child have a healthy happy relationship, your health situation alone should not affect custody. Of course, that also depends on any history of drug use, violence, etc. and of course on what the other parent is like (you are...

    2 people marked this answer as helpful

  3. What can I do to prove my sons father uses illegal drugs and abuses alcohol and should be mentally evaluated?

    Answered almost 3 years ago.

    1. Alex Grager
    1 lawyer answer

    The dismissal itself is not a major problem because you can always file another case. The Court will not look disfavorably on you if you file another custody action. I do not know if you have an existing court orders. If you don't you should file and Order to Show Cause and ask for a custody plan that you want. Tell the Court why you believe the plan you are asking for is in your children's best interest. If you believe there are drug or alcohol issues, point them out in your...

    1 person marked this answer as helpful

  4. Can a child support order be amended if I provide new information about my current earnings?

    Answered over 4 years ago.

    1. Alex Grager
    1 lawyer answer

    Generally, child support is always modifiable. Very generically, child support is a function of the parties' respective incomes and timeshare with the child. The more time you have with your child, the less support you will be required to pay, other things being equal. A mathematical formula is used to determine child support. If your circumstances have changed, you can file an Order to Show Cause for modification of child support. Be sure to address the issues why your income has...

    1 person marked this answer as helpful

  5. Am I eligible to have spousal support eliminated or reduced if my ex-wife is cohabitating?

    Answered over 4 years ago.

    1. Mark Brian Baer
    2. Alex Grager
    2 lawyer answers

    There is a presumption under California law that a spouses need is decreased (and therefore spousal support may be reduced) if the spouse cohabits with a member of the opposite sex. Upon a determination that circumstances have changed, the court may modify or terminate the spousal support. You would need to file a motion with the Court to change the existing order with a proof that your ex wife is cohabiting. Additional information would be helpful, such as actual evidence of her decreased...

    1 person marked this answer as helpful

  6. Bf owes past support, they went off of what she said he makes but he didnt make anything near that, what do we do?

    Answered almost 3 years ago.

    1. Alex Grager
    2. Edmund Lee Montgomery
    2 lawyer answers

    Your BF has the right to file for modification of child support. It may not be modified retroactively, but if he files an Order to Show Cause and an Income and Expense Declaration with all fields filled out and with all necessary attachments, a hearing will be set at which time the Court will re-calculate support. Child Support in California is governed by a guideline and is modifiable if circumstances change. The Court will consider both parties' income and timeshare with the children and...

  7. How much does a Dr.'s medical opinion influence a judge's visitation and custody order?

    Answered about 3 years ago.

    1. Alex Grager
    1 lawyer answer

    The Court will generally consider any relevant information in making a custody order. The court's primary charge is the best interest of the child. If an expert believes that a child will benefit from a certain custodial arrangement, especially a special needs child, the Court will usually consider that. It may be that the doctor will be required to testify at a hearing. It may also be that the court will appoint its own expert (a child custody evaluator) to help the Court in making the...

  8. More time with my children

    Answered about 3 years ago.

    1. Alex Grager
    2. Richard Eric Anthony Dwyer
    3. Daniel Laguna
    3 lawyer answers

    The answer is yes, your boyfriend can ask for a reduction of child support based on his increased time share. In California, child support is calculated using a formula which considers income of both parents and each parent's timeshare. Before asking for modification, he should talk to an attorney or a family law facilitator if your local court has one, to determine what his new support would be. Then he can decide if it makes sense to seek a modification. Good luck!

  9. Is it prohibited to let our child to attend my district kinder when my soon to be ex changed his opinion and didn't agree to it?

    Answered about 3 years ago.

    1. Alex Grager
    1 lawyer answer

    The answer depends on what exactly your court order says. If you have joint legal custody and if the order says the consent of both parents is required regarding enrollment in school, then your ex cannot change the school unilaterally. Review your order carefully. If you want your childn to remain in the same school, your ex would be the one that has to go to court and ask for a modification of the school and explain why the modification is in your son's best interest.

  10. CAN I MOVE TO WASHINGTON FROM CALIFORNIA WITH MY TWO KIDS?

    Answered about 3 years ago.

    1. Alex Grager
    1 lawyer answer

    Your odds are probably good, but you still need to get a court order that allows you to move. It sounds like there is now a court order for the Father's visitation, and if you simply move, you will be violating the Court order. You should contact an attorney in your area and file for a "move-away" with the Court. There may be a custody evaluation (a psychologist looking at your situation and advising the Court on what the custodial arrangement should be). At the end, the Court may issue...