Mark Brian Baer’s Answers

Mark Brian Baer

Pasadena Family Law Attorney.

Contributor Level 14
  1. Should i give my daughters father the benefit of the doubt instead of going through the courts? I am considering mediation.

    Answered about 3 years ago.

    1. Mark Brian Baer
    2. John M. Miles
    3. Diane L. Mader
    3 attorney answers

    I am not sure that I would advise mediation in your case, at least if you are unrepresented by an attorney during that mediation. I will refer you to several articles I have written on mediation. http://www.markbaeresq.com/CM/Articles/Mediation.pdf http://www.markbaeresq.com/CM/Articles/Mediation%20Selection%20Process%20and%20Cost.pdf http://www.markbaeresq.com/CM/Articles/Mediation%20Process%20Based%20on%20Mediation%20Style.pdf In any event, child support is based upon Guideline...

    1 person marked this answer as helpful

  2. How can I change my son's first name in California without hiring a lawyer?

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney answer

    In order for a parent to get a legal name change for a child in the state of California, the parents need to file a Petition for Name Change with the Superior Court of the county in which the child lives. Within the Petition for Name Change, you must also file an Attachment Form for each child whose name you are changing, an Order to Show Cause for Change of Name, and a Decree Changing Name. Most courthouses will also require a Civil Case Cover Sheet used to identify your Petition. The forms...

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  3. Question about visitation orders

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney 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...

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

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney 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...

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

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney 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...

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  6. I owe $63,000 in child support/arrears, can I get remarriage without involving my new spouse?

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney answer

    The child support arrearages are your separate property debt, Furthermore, you spouse is not responsible for your child support obligations. However, in the absence of a pre-marital agreement, once married, you and your spouse will create community property and they can technically go after your half of the community property. 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,...

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  7. How to legally ask to change my children's babysitter. Ex refuses, but babysitter is too involved in our family issues.

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney answer

    I would file an OSC regarding the issue of child care and include declarations from everyone who heard the babysitter badmouth you while in front of the children. Make sure that those witnesses are also present in court on the date of the hearing because otherwise, the court will not consider their declarations. I think you have ample grounds to have the babysitter removed by virtue of the badmouthing itself. The response given is not intended to create, nor does it create an ongoing duty...

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  8. Can an unemployed single mother win child custody?

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney answer

    Your employment status and income cannot be a factor considered by the court in making orders on custody and visitation. I understand your financial situation, but I would suggest that you find well qualified legal representation. 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...

    1 person marked this answer as helpful

  9. How can I cancel my TRO/Child Support/Child Custody Hearing and Orders?

    Answered about 3 years ago.

    1. Mark Brian Baer
    1 attorney answer

    I will refer you back to the same question you asked before and the several subsequent answers I gave you when you kept emailing me. http://www.avvo.com/legal-answers/how-can-i-cancel-my-tro--before-i-go-to-the-hearin-212051.html#answer_278170 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...

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  10. I filed the seperation papers for my husband but dont want to proceed

    Answered about 3 years ago.

    1. Mark Brian Baer
    2. Pamela Koslyn
    3. Parastoo Kalor
    3 attorney answers

    What you did is a very risky move. I actually wrote an article entitled "Marital Russian Roulette" on just that issue and would suggest your reading it. The link is as follows: http://www.markbaeresq.com/CM/Articles/Marital%20Russian%20Roulette.pdf In any event, the case will not move forward if you do not serve your husband and will eventually get dismissed. However, the court will ultimately set a hearing on it's own motion as to why the case should not be dismissed. When the...

    1 person marked this answer as helpful