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John F Cannon

John Cannon’s Answers

130 total


  • I have a court in two days for a Contempt and affidavit in support of contempt order work but I still haven't been servered

    I have court in two days for a Contempt and affidavit in support of contempt order workbut I still haven't been servered or received any documents regarding this. I have a feeling that the attorney will serve me the day of the hearing and I feel l...

    John’s Answer

    Chances are likely that you will ultimately be served for the action. You are required to be served prior to the hearing (at least 16 court days prior) and if you have not been timely served, you have the right to ask for a continuance of the initial hearing (which also will be an arraignment), A Contempt action is a quasi-criminal matter against you in which you face possible jail time. As far as proving the elements of the Contempt against you, and your defenses, that is a matter for the trial. However, it is in your best interests to attend the hearing so that you avoid any surprises as to the veracity of whether or not you were served. If you do appear, you should be careful to state your appearance before the Court as making a "Special Appearance to contest jurisdiction". This will indicate to the Court that you are contesting being served with the documents. Yes, the opposing counsel will likely serve you on that date, as well. You should really consult with an attorney as this is a very serious matter that can result in very serious consequences.

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  • Can my wife legally leave CA with my daughter at any moment before I file for divorce?

    She has talked about taking the baby to Texas and staying there.

    John’s Answer

    This is a very tricky question, but the answer is technically yes. If there is no case pending, and no prior Court orders, then she could indeed leave the State of California with your daughter. Now, if that happened, taking immediate action could certainly remedy the situation and the Courts could certainly ensure the return of your daughter.
    However, it sounds like this event has not happened yet, so the question to you is, why haven't your filed and served a Petition for Dissolution or a Petition for Custody and Visitation with the Courts? Having her served with the Summons and Petition will activate the Automatic Temporary Restraining Orders, which prevent the parties from removing a child from the state without Court order or written agreement of the parties. You should contact an attorney immediately to assist you!

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  • Can a child custody order that was already granted by the judge be changed 1 week after because the judge made a mistake?

    I had a child custody order granted already on 02/18/2015, but the mother said the judge made a mistake. A week later after the child custody orders was granted, the mother said that she went to court got the transcript from the child custody hea...

    John’s Answer

    The order made by the Court could certainly be changed by the Judge/Commissioner if a mistake was in fact made by the Judge. There are times when the Judge will make an order and it is not transcribed correctly by the attorneys or the Court clerk, so yes, it is possible. Usually when this happens, the Court will send out a revised minute order to state that an error was made and a change is necessary. I would check with the Court and find out if the orders were modified and obtain the minute orders for that hearing date. Then you can decide if you need to take action.

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  • Ex-husband files for custody/visitations after child support order. He has been absent for 5+y how much visitations can he get?

    I have sole legal & physical custody of my 10y&7y old. My ex-husband has been absent from my youngest all her life; and the last time he saw our oldest was 5+yrs and disapeared. I filed for child support and he is contesting it and requesting cust...

    John’s Answer

    This is a question in which the answer will depend mostly on the facts and circumstances of the case. Usually, in this situation, the Court may grant the Father some type of reunification therapy or other form of supervised visitation in the beginning, to reintroduce the children to the Father. Then, if the initial supervised visitation or reunification therapy goes well, the Father may have his visitation time extended. The policy of the State of California is to promote the parent/child relationship, so a Father who has been out of the picture for an extended amount of time will likely have an opportunity to re-enter the children's lives. Mind you, it is not guaranteed that the Court will grant visitation, but that again, is dependent on the facts of the case.

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  • Can a parent be charged for taking a child out the state and not notifiying the court of doing so

    Father gets incarcerated and mother takes child to live with her mother doesnt notify the courts or the father. Takes the child from Ca to Tx.

    John’s Answer

    The answer would depend on what current orders there are in any underlying Family Law case or in the criminal case that Father was incarcerated on. If the criminal case contains a protective order that prevents contact with the Father, that could be a factor. I a case is pending and has no Judgment or other orders, then yes there is a possibility that should could be ordered to bring the child back to California. It really depends on where in the process the case is. Part of the Summons in a dissolution or paternity matter places restrictions on removing the child from the State. These Automatic Temporary Restraining Orders go into effect against the Petitioner upon filing and against the Respondent upon service of the initial documents.

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  • My husband has remarried whilst we are in the process of divorce.

    He now claims that his marriage prior to ours was not signed off on at the time we married in 2010' that it was in fact signed off on 4 months later. He produced a final divorce decree at the time of our marriage a dating a full year before that...

    John’s Answer

    • Selected as best answer

    You should hire an experience Family Law attorney to assist you. You have several, very complex issues here to deal with and you WILL need some professional help. If your marriage was not valid due to your ex-husband's prior marriage (referred to as bigamy) then your "marriage" would be void - as if it never occurred. However, that doesn't mean the Court does not have the power to divide "community property" assets and debts. If you are found to be a putative spouse - that you had a belief that the marriage was valid, then the court will go forward as if there was a valid marriage.

    As stated above, this is a very complex issue and you will need to retain an attorney to assist you.

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  • Yesterday's incident re: child visitation & advice from Avvo yesterday re: father not dropping off child for visititation

    yesterday Father did not drop off our daughter. Pick up/drop off changed to an equidistant place because the father made our daughter walk the 1/2 mile so he didn't have to drive her. My attorney was in court yesterday and the paralegal tried to g...

    John’s Answer

    First off, you need a copy of the most current court order - that is what controls both parties and provides the direction as to what the custody, visitation, and other orders are. If you have that, then yes, you can contact the police department to assist you in enforcing the court orders.

    You really need to get in touch with your attorney.

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  • What happens when I file for a emergency court order to keep my kids with me?

    Me and my kids don't feel it is safe at thier moms house anymore because of the neglect that my ex is having towards them. They get left alone to babysit two newborns and thier twin sisters. They haven't see a Dr in over 2 years. I took them mysel...

    John’s Answer

    This is not an easy question to answer because there are so many different layers of issues here. First off, to answer your immediate question - You can request ex parte relief if you present to the Court circumstances showing there is immediate or irreparable harm to the children and those circumstances necessitate a change in custody and visitation. You can also ask for an Order Shortening Time (at the same time as the ex parte) and if the Court does not grant your ex parte relief request, the Court can set the hearing on a date that is sooner than you would have if you just filed the paperwork in the standard manner. You would have to prove to the Court that there is "good cause" for the Court to grant the Order Shortening Time.

    If there is a CPS investigation pending, they may initiate a juvenile court proceeding. The children's therapist is a mandatory reporter - which means if the therapist hears information that the therapist believes is something that should be reported to CPS, the therapist is required to do so.

    Based on what you have stated, and without further information, an ex parte request is likely to be something you should pursue in the matter, and if the Court doesn't grant emergency orders, you are likely to get an Order Shortening Time to have the matter heard sooner, rather than later.

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  • How do I add someone to my child support case?

    I would like to add the mom's husband to the child support case opened against me. I have recently taken a DNA test and am the biological father and she married after our daughter was born. I have no visitation and the husband takes care of her. H...

    John’s Answer

    You seem to have a far more complicated situation on your hands than you might think. Depending on the age of your daughter, there may some very complex legal issues related to who is the "legal" father of your daughter. The situation, and better answers to your questions, necessitate more information.

    You should (your really must) consult with a Family Law attorney who has knowledge and experience in handling a case like yours where the determination of paternity is at issue.

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  • Am I being discriminated against because I am the father.

    In august of 2012, a judge in orange county, ca ruled that my son's name be changed. The stipulation and order I presented to my son's school for his name change was was insufficient, according to his school, I needed to present an amended birth c...

    John’s Answer

    I think a little more of an explanation is necessary here, in order to better answer your questions and maybe clear up what happened here. Hopefully, my explanation will provide you with some help in determining if you were actually discriminated against.

    When you go to Court and obtain an order in Family Law, there are several ways that the order can be made, in the physical document sense of the word. The first is a "Minute Order", which is prepared by the Court clerk, and summarizes what happened in court, who was there, and what the Court orders are. Another way is a handwritten stipulation and order - seems to be the case here, which is a written agreement, signed by the parties, and signed by the Judge. Yes, THIS is a valid Court order, however, not all entities will "honor" or follow a handwritten order, even though it is stamped by the Court. Another way, and the seemingly "most" official type of order is the Judicial Counsel form FL-340 Findings and Order After Hearing (this type of order can also be written on pleading paper). This is an approved Judicial Counsel form that can be filled out by one of the parties (or their attorney), submitted to the other party for agreement on form and content (to ensure that the information is concurrent with the Court's actual order - which can be found in the Minute Order or the handwritten stipulation), and then signed by the other party. Once this is complete, the Findings and Order After Hearing (FL-340) is submitted to the Court for signature and filing. Once that is done, a certified court copy of the FL-340 should be acceptable to anyone.

    I assume that the Mom presented something like this for the school to follow the orders and make the changes. I can tell you that it is likely that the school would not have made the change if Mom had presented the same handwritten court order as you.

    Given the above, I agree that the school didn't "discriminate" against you because you are the father, I think they were just following the procedure to not accept the handwritten order as proof.

    Hopefully this makes things a little more clear as to why this happened to you. I understand your frustration, because I agree with you on the fact that the handwritten stipulation is in fact a valid order. Nevertheless, sometimes it's required to jump through some additional hoops. Besides, it's always more efficient in the long run to have a FL-340 filed by the Court, and a copy of it for situations such as this one.

    I hope this was helpful!

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