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Marshall William Waller
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Marshall Waller’s Answers

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  • My brother got arrested when police raided the house and found a 22 gun(empty) locked up in a drawer in his room

    He is an excellent father and has 50/50 custody of his daughter a 6 year old who he loves deeply. When he separated from his ex she took of w/his child and said to that he would no longer ever get to see her as that is a tradition in her family if...

    Marshall’s Answer

    She can certainly raise this criminal conviction as a factor for the court to look at in the context of her request to change the custody orders. It is impossible to predict what will happen, and it certainly doesn't help matters that the dad got himself arrested and convicted of a crime, but that is simply one factor of many that the court will consider. Until such time as the existing order is changed, however, it controls, so he can continue to operate under it.

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  • In which court do I file contempt regarding court ordered custody, if I reside in a different state than my childs "home state"?

    There is a standing custody order present but niether parent resides in the childs original home state. The minor child has not been at his current address for 6 or more months therefore not satisfying the home state condition and niether of us ha...

    Marshall’s Answer

    You generally file a contempt proceeding in the court that made the order that is not being followed. You need to take the California order and turn it into a local order where you live, assuming that court has jurisdiction to do that. If no other court has taken jurisdiction then you can go back into the issuing court. You can also go into your "new" home state now and argue that since no one lives in the issuing state anymore and you need orders now this new court should take jurisdiction and act, which they will do until such time as some other state is determined to be a more appropriate state. This area of law can be confusing, so if you afford a lawyer I strongly recommend you consult with one.

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  • I need help I the father am the primary residence of 3 kids 11 9 and 7 after ex had children taken away by cps

    I have 3 older boys two still live with me with a no contact or against my 18 year old we have orders for counseling but ex hasn't called the counselor for intake appointment she has an attorney and has no support order right now she gets 1st 3rd ...

    Marshall’s Answer

    Other than to ask for help there is no specific question here. Is there a specific question you would like us to answer? If all you need is a reference to a low cost lawyer check out the link below.

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  • I have 8 yr old son. I have full physical custody of him .do I have to send my son on his visits if I feel he's in danger?

    His father is now with my sister and I know that they both have DV charges against them and have long criminal history's. My son cries when he has to go to dads cause my sis/ his girlfriend is mean to my son and tells him he is stupid. She has los...

    Marshall’s Answer

    It's all going to depend on what the court order says. If it says dad gets visits with the kids then you need to follow it. If he chooses to leave them with his sister that is his right. If she is dangerous to the children then you can go to court and ask that she be denied the right to be around them. You can also go into court and ask the judge to change the current order so that the dad's time with the child is restricted. The court will always try to do what is best for the children, and if they are in real danger then (hopefully) the court will see that and will intervene to protect them.

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  • What do I do? Call her lawyer? Keep insisting? Leave it as is?

    I asked the mother if I can have my child on Saturday . Her answe was the following: "we will keep our regular schedule Sunday only at your parents house there will be no changes until court date.from this point forward you will need to contact my...

    Marshall’s Answer

    It doesn't play negatively on either side. Your ex is saying "we are going to follow the order" and that's what she should say if she doesn't agree with your request. If you think the order needs to be changed then you can go in and ask for that. If not, then you both need to live under the order until you mutually agree to do something different.

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  • Ex boyfriend(non custodial) has falsely accused husband police officer of illegal misconduct through work.

    I have proof that it is false and it was intentionally done to cause harm to me(custodial/mother). Looking for options on what to do after the complaint is investigated and it is found to be false. Can I show the courts the level of harassment my ...

    Marshall’s Answer

    This sounds like an issue between your husband and your ex boyfriend. You can bring it to the attention of the family court but I doubt you will get too far with that, unless you really can prove that this is being done in an attempt to interfere with your custodial rights or is negatively impacting the child, neither of which it seems you will be able to show. It can;t hurt, however, so there's nothing to lose for the trying.

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  • Can I switch from Joint legal to full legal custody?

    Nothing has been signed by the judge. I agreed to joint at the meditation. I have my hearing tomorrow and would like to switch to full. Father has been in and out of daughters life for 2years and has helped financially when he felt like it. Daught...

    Marshall’s Answer

    If you signed an agreement at mediation then it can most likely be entered as the order of the court even over your objection now, leaving you in the position of having to go in and ask to have that order changed, not an easy task. I would definitely go to the court hearing and tell your judge what you said here and see if you can get out of your agreement, but if not you will have to try to change it. If you can afford a lawyer I recommend you seek advice from one.

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  • My ex husband has been sending annoying facebook messages to my boyfriend. What are my rights?

    My son's father sent multiple messages to my boyfriend via social networking. We have been divorced since 2010 and share joint legal and physical custody. My ex would bad mouth about me how I am an ill equipt parent and that I do not co parent wit...

    Marshall’s Answer

    Your boyfriend can block him on Facebook and can seek a restraining order against your ex (that should be your last resort). You can also go into court about this but so long as the interaction is between your ex and your current boyfriend I don;t think the family court will get involved.

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  • I want to do family counseling with my children but my ex is not allowing us to do it. What can I do?

    Mom has physical custody of our two kids and we have joint legal custody. We have a terrible relationship and a lot of her bad influence on my kids are documented through texts, call blocking and internet posts. My kids have no respect for me . ...

    Marshall’s Answer

    You need to file a Request for Order with the court asking the court to order counseling pursuant to Family Code section 3190. Read that code section (I have provided a link to it below). It tells you what needs to be determined to make counseling happen. If you can afford a lawyer you should hire one for this; a lot of judges don't know how to use this section and it will be helpful if you have an attorney who does.

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  • Modification in Child Custody and Support

    First, what does it mean when it says "to be ordered pending hearing"? Secondly, if a mother willing sends daughter to live with her father and willing keeps physical custody of other sibling, will the court view that as equal. Meaning, mother has...

    Marshall’s Answer

    That box on the form is virtually worthless these days. It means exactly what it says, and really is of no importance unless ex parte orders are being sought. It can;t hurt to check it, so you should. The rest of your question seems to deal with the calculation of timeshare of these children. I suppose it could be argued that if dad has daughter 100% of the time (you never see her) and if you have son 100% of the time (dad doesn't see him), then you might be at an "equal division" of time. Your facts don't seem to indicate that, however. The timeshare is a function of how much time the non-custodial parent (the one where the child doesn't live) has with that child, calculated on a child-by-child basis.

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