Mark Brian Baer’s Answers

Mark Brian Baer

Pasadena Family Law Attorney.

Contributor Level 14
  1. Can my boyfriend, get custody of our daughter If he discovers Im going out on him?

    Answered about 5 years ago.

    1. Mark Brian Baer
    2. Cristin Michelle Lowe
    2 lawyer answers

    Since you were not legally married, any issues relating to your child would be dealt with in the family law court as a Paternity matter. I certainly do not know the ultimate determination of custody and visitation because my crystal ball broke years ago. However, custody and visitation orders are based upon the best interest of the child. The courts consider the fitness of a parent. If you have a boyfriend (not the father of the child), that does not make you an unfit parent. However,...

    2 people marked this answer as helpful

  2. What Is the Statute of Limitations for an estate Probate?

    Answered over 5 years ago.

    1. Mark Brian Baer
    2. Janet Lee Brewer
    3. Bert Z. Tigerman
    3 lawyer answers

    A creditor has until four months from the date letters were first issued to the personal representative or 60 days from the date this notice was given, whichever comes later, to make a claim against the estate. In other words, do not delay filing a probate. By serving the Notice of Probate, the executor has shortened the already short statute of limitations on claims against a deceased debtor. The outside limitation on claims against a decedent is one year (Code of Civ. Proc. §366.2), but...

    1 lawyer agreed with this answer

  3. My mom is planning to retire. My husband & I want to buy the house, but our credit is not good. Is there a way we can be added

    Answered over 5 years ago.

    1. Steven Alan Fink
    2. Henry Daniel Lively
    3. Mark Brian Baer
    3 lawyer answers

    I would caution you about having your names added to the title because that will cause the property to be reassessed at the current value for property tax purposes (at least to the extent of the interest conveyed to you and your husband). Furthermore, gifts of more than $12,000.00 in any given year (to any particular person) are taxable and the one making the gift (your mother) would have to pay the tax. It is true that she can make a gift of $12,000.00 per year to each of you without tax...

    1 lawyer agreed with this answer

  4. I just found out my ex-wife has one of our three children seeing a therapist who is administering drugs to my child.

    Answered over 5 years ago.

    1. Cristin Michelle Lowe
    2. Mark Brian Baer
    3. Dianna Gould-Saltman
    3 lawyer answers

    It sounds as if you are aware that joint legal custody of a child means that you and your ex-wife having the joint right and the obligation to make decisions about a child's upbringing, including but not limited to schooling, religion, and medical care. If you share joint legal custody with your ex-wife and she excluded you from the decision-making process, you can take your ex-wife back to court and ask the judge to enforce the custody agreement. If things are as you make them seem in your...

    2 people marked this answer as helpful

  5. How do I go about adopting my step-sons?

    Answered over 5 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    The Statute that applies to that issue is the following: Welf. & Inst. Code §§361; 361.5(b), (h), (i); 366.26(c)(1) Grounds: Abandonment or extreme parental disinterest, abuse/neglect, mental illness or deficiency, alcohol or drug induced incapacity, felony conviction/incarceration, failure of reasonable efforts, sexual abuse, abuse/neglect or loss of rights of another child, failure to maintain contact, failure to provide support, child judged in need of services/dependent, child’s best...

    2 people marked this answer as helpful

  6. FiIing for full custody for me(visitation for mom) as stay at home DAD caregiver for children Mr. mom.. upsetting status Quo

    Answered over 5 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    It sounds as if you have spoken with attorneys about this matter already because you are using the term status quo in relationship to child custody. I am probably not going to tell you anything that you want to hear (different than what others have told you). Courts like to maintain the status quo. If you allow the status quo to change and then you want to reverse it, you are setting the case for a very contested custody battle. If your wife takes the children when she leaves, even...

    2 people marked this answer as helpful

  7. Can an 18 year old be adopted in California?

    Answered over 5 years ago.

    1. Mark Brian Baer
    2. Rory S. Coetzee
    2 lawyer answers

    Yes. Furthermore, it is easier to accomplish because the governmental entities are not concerned with your financial ability to car for the child if the adoption is granted because a parent is not legally obligated to support a child after they become an adult. In addition, the child does not need his parents to consent to the adoption because an adult does not need such consent. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The...

    2 people marked this answer as helpful

  8. I am a stay at home DAD Can I keep my children, & basically do what a woman would do when her husband leaves her? please help :(

    Answered over 5 years ago.

    1. Mark Brian Baer
    1 lawyer answer

    I always believe that if parents can agree on a parenting plan that works well for them and for the children, it is always the best result. However, if the parents cannot agree (either on their own or through mediation), then it may be necessary to deal with that issue in Court. Such "custody battles" are often costly (emotionally and financially). However, if what you are saying is accurate, what their mother is attempting to do is not in the best interest of the children. If you have...

    2 people marked this answer as helpful

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

    Answered over 5 years ago.

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

    Cohabitation may also be a basis for seeking a modification of spousal support. California Family Code section 4323 provides that “there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex…" It is not required that the supported party and the other person hold themselves out to be husband and wife. However, this statute requires more than a simple roommate or boarding house...

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  10. How many attorney's do you think are familiar with the Hauge treaty? In regard to child abduction?

    Answered about 5 years ago.

    1. Jonathan H Levy
    2. Monrae Leanna English
    3. Mark Brian Baer
    4. Robert Lee Marshall
    4 lawyer answers

    Family law issues involving the Hague Treaty are rare in comparison with all other issues under the family law umbrella. Therefore, it is a subspecialty within the family law field and one would be prudent to retain an attorney who specializes in such cases. It is not something that should be dabbled in and if such a case came into my office, I would not consider myself lucky because I would refer it out to a specialist. However, I would consider the client to have been lucky enough to have...

    1 person marked this answer as helpful