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Mark Brian Baer

Mark Baer’s Answers

539 total


  • Child custody

    My diveorce case is going, I have one child, Is it possible either I take 100% custody of a child or give 100% custody to my wife ?? I love my Son but I don't want him to grow under her dark shadow... what are the the consequences if I refuse to ...

    Mark’s Answer

    The quick and easy answer to your question is that either of you can have 100% custody of your son.

    However, you asked about the consequences and I will advise you accordingly:

    1. Your son will be the victim of such a decision. Studies of children (now adults) show that it is in the best interest of the children to have a relationship with both parents. Furthermore, the child will believe that he was responsible for one of his parents "abandoning" him and will have permanent emotional scars as a result of his parent's decision.

    2. While this should not be a factor in your decision, you should know that child support cannot be waived and is Guideline. One of the factors is the percentage of time each parent has the child. The non-custodial parent may be very unhappy with their decision on custody for many reasons, including the fact that they will be hit with a much bigger child support order than they would otherwise have had.

    Not that I like to discuss my personal issues with clients or online, I will say that I was in college when my parents divorced. Our father did exactly what you have described and has not seen any of his children since 1984. My brothers were minors at the time and have suffered significantly as a result of his decision. They have serious emotional issues which were apparently caused by their parent's decisions.

    If you do this, I feel sorry for your son because he did not get to choose his parents and such a decision would show the type of parents he has (both of you).

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Custody Questions in California

    My fiances ex wife is late for dropping his son off every weekend. How late does she have to be before we can do something? Also if she has someone move in with her or she moves or moves in with someone does she have to notify him? She has a past ...

    Mark’s Answer

    1. If your finance's ex wife is late for dropping of his son every weekend, your fiance' has several options: (a) he can file for contempt of court (a very expensive motion that could result in his ex wife been sent to jail for up to 5 days and/or $1,000.00 fine for each occasion in which she is found to have violated the order without justification; (b) file for modification of custody/visitation and request either (i) a change in the custody/visitation percentages as a punishment (he will most likely not obtain this result); or (ii) the the schedule change such that the exchange can take place with drop off/pick up at school -- if possible OR that the receiving parent picks the child up from the other party's residence.

    There is no definite answer on how late she needs to be, but I would say that it is not uncommon for an order to have a 15 or 30 minute grace period. I am not sure if such a thing is in your order. If not, she is in violation if you can prove she is not on time. However, the court may not get upset with her if she is less than 15 minutes late.

    2. The question about her living arrangement depends on the terms of the Judgment, but they typically state that a parent must notify the other party of a move some period of time before the move takes place -- because the other party is entitled to know where the child will be staying and with whom. He would be entitled to know the person's name so that he can verify that the boyfriend is not a risk to the child - based upon his criminal background, etc.

    3. If she has a past history of drugs, that issue should have been raised previously by your fiance' and the court would have addressed that issue if it felt necessary. If it was not raised and your fiance' has serious concerns, it does not reflect well on him that it was not raised before.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Question about visitation orders

    Went to court the other day and saw a case where the mother was not always following the order of visitation, the father asked the court what happens if this happens again, the judge said" come back in or get an attorney," the father then said" if...

    Mark’s Answer

    A court can only do what they can do under the law and in within it's discretion. Moreover, you cannot obtain a result that was not properly requested. It is not a crime to violate visitation orders. However, it is contempt of a court order. Nevertheless, the other side would need to file for contempt of court and have a trial of each and every count of contempt alleged (each time the order was violated). For each violation found by the court to have occurred without justification, the court can punish the party by placing them in jail for up to 5 days and/or $1,000.00 per count.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Out of state Ex served me with papers for modifying visitation.. and hasn't seen our son but twice in 1.5 yrs....

    Since my ex lives out of state (6 hours away) and has only seen my son twice in the last year and a half will the courts grant him visitation in his sate? Our son is 7 yrs old, and my ex calls him as little as 5 times to 10 times a month (basicall...

    Mark’s Answer

    I can tell from the tone of your question and the frustration you have expressed, that you will not like my answer.

    Your son's father is his father. The courts believe (and studies show) that in general it is in the best interest of the child to have a relationship with both parents.

    Since your ex lives out of state, it is not feasible for him to exercise the visitation set forth in the Judgment or subsequent order from before his move. Therefore, the only visitation schedule that would work based upon his new circumstances (his move out of state) would be blocks of time over the summer vacation and school breaks. He will most likely obtain such an order. If is possible that he will have to have more limited visitation at first because of his limited visitation over the past 1 1/2 years, but he will ultimately receive such visitation.

    You are clearly unable to separate your feelings for you ex with what is in your child's best interest. The court will be able to make such a separation.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • If im married to one man yet have a baby by another who is the legal father?

    Hello thanks for ur time.. Im married and had a baby in 2004 by another man.. my husband at the time was in prison and he passed away in 2005. no name is on my daughter Birth Cer. someone told me California law is that my daughter is legally my hu...

    Mark’s Answer

    A child born during a marriage is presumed to be the child of the marriage. I suggest that you contact the Social Security Department about your daughter's right to his benefits.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • We married in December, while filling in Febuary found my wife was married before.

    my wife didn't tell me she was married before so she indicated never married before, when filling she filled otherwise but the spouse passed on, so what do we do coz we filled already?

    Mark’s Answer

    I am not sure that I understand your question. A petition for dissolution of marriage does not ask whether or not someone was previously married. Are you asking if your marriage was valid? If her prior marriage ended by the death of her prior spouse or divorce, then your marriage is valid.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Can amount of child support payments change?

    Hi. When my children's mother filed for child support a few years ago, I had a steady job and was making decent money. Now, however, I have been unemployed for over a year. Is there a way to get my payments lowered until I begin working again? ...

    Mark’s Answer

    Child support can be changed over time as circumstances change (your income, her income and the percentage time you each have with the children). The mistake that most people make is failing to file for such modifications in a timely manner. For example, you have been unemployed for over a year and have not yet filed for a modification. The modification will take place with regard to payments owing from the date you filed or later and cannot apply to payments owed prior to that time. Furthermore, if you have not made those payments, they are accruing interest at the rate of 10%.

    The court would not prevent you from seeing or speaking with your children because of your circumstances. However, the children probably now have abandonment issues (among other things) which need to be overcome before your relationship with them can be repaired.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • My husband and I have no health insurance and he has about 160000 in medical bills . I recently moved out of the house if i dont

    divorce him will i be rsponsible to pay that debt

    Mark’s Answer

    Debt incurred from the date of marriage to the date of separation is considered community property debt and you will be equally responsible for it. You and your husband may wish to consult with a bankruptcy attorney to see if you both qualify to file a joint petition and whether that debt can be discharged.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • How can I ask for a special circumstances from a judge for a passport even though I own $15,000 of child support?

    I need to go to the Philippines to take care of my daughter's paper works. I have petitioned her last year, but I am having a hard time obtaining the necessary papers due to lack of cooperation from the biological mother, although the mother is wi...

    Mark’s Answer

    You must contact your local child support agency to make satisfactory arrangements to pay your past-due support obligation. If more than one State reported your name to the Passport Denial program, you must reach an agreement with all States involved in order for the passport to be released.

    Once the debt has been satisfied or a satisfactory agreement has been reached, the State(s) will request that OCSE remove your name from the passport denial program. After the denial of passport has been withdrawn, contact the National Passport Information Center (NPIC) at 1-800-487-2778 or make an appointment at a regional passport agency.

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  • Is my child still eligble for a child support even we are here in the philippines?

    My son is living w/ me here in the philippines i just wanted to to his father a child support. I also wanted to ask for an alimony from him are we still eligible even we are here? i dont know what to do... i need a lawyer to explain me every thin...

    Mark’s Answer

    You are eligible for child support for your child if he/she is under 18 years old and has not yet graduated from high school or 19 years old, whichever first occurs.

    The answer with regard to spousal support is more difficult because I do not know the length of your marriage and the amount of time that you have been separated (and not receiving such support).

    I am assuming that you are posting this question in California because your divorce took place in California and your ex still lives in California. If so, the request for child support would be made in that same case. I could be completely wrong as to your reasons for posting this question in California because I cannot understand why you have never received orders for such support. In other words, your question is very unclear and therefore impossible to properly answer.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    See question