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Matthew Ray Bogosian

Matthew Bogosian’s Answers

5 total

  • Verbally agreed to change custody 1+ yrs ago until he got mad over unrelated & refuses to follow...can I file ex parte to fight

    Ex has primary phys cust, we have joint legal. We verbally agreed over a year ago to change our custody from T,Th visitation with me 3-7 to overnight and followed that since. My ex got mad over unrelated issue (DVD ownership??) and said I could ...

    Matthew’s Answer

    Child custody matters in California are rarely handled on an ex parte basis. You must show an emergency such as a risk of abduction or physical harm to the child. A change in custody requires you to show a change in circumstances, so you may simply want to request a change in visitation which has a lower standard. You will need to obtain a mediation date as well as a hearing date and specify the reasons why you are asking for a change in the schedule in your FL-300.

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  • How do I safely leave the state with my daughter when the whereabouts of her father are unknown?

    My ex husband has not seen my daughter since she was 8 months old. She is almost 4 now. He failed to take the parenting class that Nebraska requires in a divorce case and has had no contact in over a year. I am getting remarried to a man in the US...

    Matthew’s Answer

    You should contact a qualified family law attorney in Nebraska if that is the state where your divorce decree was entered, as every state has different procedures and appellate cases that govern the standards for move-aways. In general, it is always better to attempt a court order. You should also review your divorce decree to see if you were awarded sole legal custody and to see if there are any restrictions on you moving. You may want to notify the father that you are remarrying and that you are relocating. If he acknoweldges receipt of the information but does not object, his silence may help you defeat a claim that you left without his consent. Ultimately, however, the laws of your state and the court orders in place will control so do consult a lawyer in your state.

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  • Do I need to get a judgment of legal separation against my husband? Or is a separation agreement enough?

    From my understanding if we sign a separation agreement, we are done and are legally separated. Is there any reason to get a judgment of legal separation? Is there some advantage to it? Or is it that people resort to getting a judgement of lega...

    Matthew’s Answer

    • Selected as best answer

    Agreements are not binding on the court. Only orders and judgments signed by a judge are official. If you have nothing more than an agreement, your only remedy to enforce the agreement is to sue for breach of contract. Ultimately, you can attach your agreement to a Judgment, FL-180. That presumes, of course, that one of you has actually filed a Petition for Legal Separation and/or Dissolution. If that has not been done, it must be done in order to obtain a case number and ultimately obtain a judgment.

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  • 2 Department Of Children and Family Services CSW that were assigned my case were not licensed by the Board of Behavioral Science

    My DCFS case i research the csw that were assigned to my case and neither one of them have their social workers license I checked the board of behavior science for the state of California. so how are their recommendations valid to the dependency c...

    Matthew’s Answer

    CSW's do not have the same requirements as a child custody evaluator in family courts. The key in any case is to realize that governmental representatives have enormous power. They must be treated with utmost respect. If you get on bad terms with a social worker, your odds of losing your children go up exponentially.

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  • My ex moved my kids from one state to another without telling me. Can I win physical custody because of this?

    I have my kids for their summer break and they are currently still with me. I just found their mother (she has phys. custody, we both have 50/50 legal) moved from CA to TX without telling me. I live on the east coast. I found out via facebook when...

    Matthew’s Answer

    There are many factors courts look at to determine child custody and visitation. The older the children are, the more their preferences become a factor. The difficulty may potentially lie in jurisdiction, or the court that has power over your case. Because you live on the East Coast and she lives in Texas due to a job transfer, jurisdiction may ultimately shift to the state where the children primarily reside. In the meantime, while your California Court has jurisdiction, you may consider filing for Ex Parte relief, meaning an emergency order, awarding you temporary custody pending mediation and a hearing. The only weaknesses in the case are that (1) she has primarily been exercising physical custody, and (2) a job transfer in this economy is understandable and would not impact you because you don't live in California anyway. If your children are young, it's going to be a tough sell even if you can somehow show that mom was bad for not telling you about the move. If your children are older, then a lot of it depends on what they want and whether they want a change. Whatever the case, it is a complex issue that takes a lot of time and money to resolve. No custody case is a slam dunk and move aways are even more of a crap shoot, often involving a custody evaluation. Also, you have to examine your life and determine if you are ready, willing and able for a potentially life altering change in day to day responsibility for your children. So give it serious thought, determine whether you feel the change would truly be in your children's best interests, figure out if you have or are willing to commit substantial resources and time to a move away case and the impact it could have on your life having to come back to California for court hearings, and then make a sound decision. You'll also want to clarify that she in fact has made this move.

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