Brian A Victor’s Answers

Brian A Victor

San Diego Child Custody Lawyer.

Contributor Level 8
  1. What is reasonable calling between parents and child?

    Answered 11 months ago.

    1. Brian A Victor
    2. John David Laurie
    3. George Ellis Corson IV
    4. Lee Alan Thompson
    4 lawyer answers

    There is no actual set amount of time that equates to reasonable, but if the other parent is only calling to chat quickly with the child and it is not every hour of the day for long periods of time and it does not disturb the child's activities on an ongoing basis, it would seem that is reasonable.

    6 lawyers agreed with this answer

  2. Is declaration or stip needed after Family Law's Findings & Order After Hearing have been entered to confirm parties' compliance

    Answered 12 months ago.

    1. Britney L. Malpiede
    2. Isileli Tupou Manaia Mataele
    3. Brian A Victor
    4. Edna Carroll Straus
    4 lawyer answers

    It appears from the information you provided that the Court has already considered what happens if one party moves. In your case, it happened and there are court orders in effect to cover the move and the parenting plan. You only need to file papers with the court when there is a change to the parenting plan that has not been considered in the current orders and you want to make the court aware of this or if you are requesting a new order.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. How do I find out if my spouse has filed for divorce before I'm actually served? Does he have to file in county we were married?

    Answered about 1 year ago.

    1. Brian A Victor
    2. Benjamin Aguilar
    3. Julia Marie Garwood
    4. Jay Bodzin
    5. Stephen Patrick Johnson
    5 lawyer answers

    For jurisdiction over the children, the county in which you file must be the county in which the children have resided for six months. If no children are involved, then if he lives in another county, he could possibly have filed there. It could be he got the card from someone he knows and was just asking the attorney for advice. It seems you are at the stage where divorce may be an option and it is important that you discuss your options with a divorce lawyer to either prepare for your...

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  4. 50/50 custody while in two seperate states?

    Answered about 1 year ago.

    1. Brian A Victor
    2. Michael Charles Schwerin
    3. Thomas Allen Neil
    4. Debra Vaniman Crawford
    4 lawyer answers

    Unfortunately, you cannot do a 50% parenting plan when you have school-aged children and live in another state. However, there are ways to maximize time. One option is to have the children for the majority of the school vacations. Arizona is not that far from San Diego so you can see the children on alternate weekends during the school year and if you can come to San Diego during the week then you can spend time with them after school and help them with homework, take them to sports...

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  5. What is the likelihood that the mediator will suggest 50/50 custody? We live about 10 minutes apart.

    Answered over 1 year ago.

    1. Brian A Victor
    2. Antoinette Cara Liewen
    3. Debra Kay Synovec
    3 lawyer answers

    You should bring the issues to the attention of the mediator. Their goal is to provide a parenting plan that is in the best interests of the child. The mediator should be made aware of the current parenting plan so they can then see if a change from supervised visits to unsupervised visits is warranted and if so to what extent. mention the classes that he has not completed so the mediator take take that into consideration. Remember, it is the judge who makes the ultimate decision.

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  6. When exactly does the six-month clock start in a CA divorce? Also, can a CA divorce be finalized sooner than six months?

    Answered about 1 year ago.

    1. Brian A Victor
    2. Gregory Paul Benton
    2 lawyer answers

    You need to wait 6 months from the time the divorce petition is filed before legally being divorced. You can solve any remaining issues prior to the 6 months, but you cannot be divorced sooner than 6 months.

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  7. Can I request the Court for sole legal custody if the father acts up at daughter's school & they only want to deal with me?

    Answered 11 months ago.

    1. Brian A Victor
    2. James Louis Miller
    3. Lee Alan Thompson
    3 lawyer answers

    You can return this matter to court so a judge can hear about the circumstances you have mentioned. An attorney can help file the motion with the court and prepare declarations to provide your evidence to the judge.

    2 lawyers agreed with this answer

  8. Can my soon to be ex husband do anything about my enrolling our daughter in school an hour away from where he lives?

    Answered 11 months ago.

    1. Richard Forrest Gould-Saltman
    2. Brian A Victor
    2 lawyer answers

    The answer to this question depends upon who has legal custody of the child. If you have sole legal custody, then more than likely you can enroll your child at any school, unless there is a separate order in regards specially to school enrollment. If you have joint legal custody then your soon to be ex has the same ability as you do to enroll her in school and the two of you need to discuss the situation and agree as to what school she attends.

    2 lawyers agreed with this answer

  9. Whom can we speak to regarding putting a phase-in child visitation plan in place?

    Answered about 1 year ago.

    1. Benjamin Aguilar
    2. Brian A Victor
    2 lawyer answers

    You can contact an attorney who has a background in custody and visitation issues and if you and your ex are in agreement, they can draft a custody plan you can have court ordered. If you are not in agreement then the same attorney can help represent your thoughts regarding the best interests of the child in court.

    2 lawyers agreed with this answer

  10. I'm not at all satisfied with the result of mediation they ignored my key concerns, what can I do with court date 2wks away?

    Answered about 1 year ago.

    1. Joseph Patrick Waters
    2. Carl H Starrett II
    3. Brian A Victor
    4. Thomas Richelo
    4 lawyer answers

    The court does place a lot of weight on the report from FCS. If you do not agree with the report you can raise the concerns with the judge during your hearing. If you have safety concerns for the children then it is important to bring evidence of such concerns to the hearing so the judge can understand the seriousness of the issues.

    2 lawyers agreed with this answer