Eric S. Gordon’s Answers

Eric S. Gordon

Woodland Hills Business Attorney.

Contributor Level 6
  1. Do I need to petition the court for full custody of child if my ex who passed away had primary custody

    Answered almost 6 years ago.

    1. Thuong-Tri Nguyen
    2. Eric S. Gordon
    2 lawyer answers

    This seems like a very simple question, and given certain assumptions, it is a simple question. So, if Mother is a reasonably stable, caring and nurturing parent, with no drugs, alcohol or convictions of crimes in her background, then generally she would be the most likely candidate to become the custodial parent of her own minor child. In such a case, she may or may not be required to file a Petition with the Court having jusrisdaction over the minor child, to determine legal and physical...

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    2 people marked this answer as helpful

  2. Complaint for Divorce was filed in court Nov. 7, 2008 and wondering if this is considered a "Legal Separation" document?

    Answered almost 6 years ago.

    1. Eric S. Gordon
    1 lawyer answer

    I am a Lawyer licensed to practice in the State of California for the past 28 years. According to California law, and I believe most other States, the simple act of filing a Petition for Dissolution of Marriage or a Complaint for Divorce, does not alone elevate the case or the parties to the status of a "legal separation". Here in California a "legal separation" is a term of art used to accurately define when the Court has granted the parties a "legal separation". Now, when you moved...

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  3. Can the father get total custody of his child before the child is born?

    Answered almost 6 years ago.

    1. Eric S. Gordon
    1 lawyer answer

    This sounds like a very simple question, but, it has many underlying sub-parts, that can only be answered if much more information is made available. First. When the question is taken "literally", the answer is a resounding "NO". When the child is in the mother's womb, it is obvious that the Father cannot obtain a sole custody order, as it is impossible for anyone but the pregnant mother to have physical custody. Notwithstanding the above answer, if the Father can establish through...

  4. I live in Illinois.. I have a 15 year old and 9 year old.. Their dad has custody of them.. Can he move them 6 hour's away?

    Answered almost 6 years ago.

    1. Kevin Lee Linder
    2. Eric S. Gordon
    2 lawyer answers

    First: You must carefully review the last Court Order and/or Judgment of Dissolution of Marriage for the specific language relating to Custody and Visitation of the minor children. Some of the answers to your questions may be found in the existing Court Order. Next, does the 6 hours move-way place your minor children in the State of Illinois or in an adjacent State? This may be important because it will likely determine which State Court you will make application to in an effort to object...

  5. Do grandparents who have full custody of 4 kids need an attorney to adopt them if parents arent locateable

    Answered almost 6 years ago.

    1. Eric S. Gordon
    1 lawyer answer

    First, perhaps the most important issue to determine is the nature of the Grandparents Custody. In other words, has a Court having jurisdiction over the minor children actually awarded the Grandparents either "legal" and/or "physical" custody of the minor children? Assuming the Grandparents have a Court Order awarding them legal and/or physical custody, then this Court Order will suffice for almost all purposes, and there is no emergency to commence a formal Petition for Adoption. Why,...