Skip to main content
Brian A Victor

Brian Victor’s Answers

73 total


  • In CA in a custody battle, can a child have input on which parent she wants to live with.

    At what age does a child have input on which parent she lives with in CA?

    Brian’s Answer

    Depending upon the age of the child the FCS mediator can interview the child and provide the input in the recommendation they write for the judge. This will allow the judge to read the outline of the interview and they can choose to take what the child said into consideration when making their court order for custody.

    See question 
  • Is it appropriate to ask for certain things in conjunction with a written declaration?

    I have a TRO against me for DV however there is no evidence that supports any dv was ever committed. Can I amend my response by adding a declaration stating that because there is a lack of evidence I motion the court to dismiss the order? Or is th...

    Brian’s Answer

    If you have a TRO against you, you should have a hearing coming up to determine if it is dismissed. There is the DV TRO response paperwork to file with a declaration indicating the facts of the incident and your request to have it dismissed.

    See question 
  • Wife and I separated, won't let me see child.

    I had to leave the house because my wife was starting to become physically abusive. I did not press charges against the police although they did investigate a little bit. My wife has moved in with her sister and won't let me see our 1 year old, an...

    Brian’s Answer

    The quicker you hire an attorney to address your concerns with the court, the better it may be. The longer you go without seeing the child is considered by the court and Family Court Services when they develop your parenting plan.

    See question 
  • When you go to custody mediation what are the issues you can bring up and can you show evidence? Like text messages , school abs

    Excessive absences from school in other words showing other parent is not involved in child's?school? Also how can i express my concerns about my ex negative behavior? She is always angry , everything i do is bad in her eyes, tells our child bad c...

    Brian’s Answer

    Having worked at FCS, I can tell you they will not take documents if you bring them in. If the child is in therapy, the mediator can call the therapist and discuss the situation with them and they can call the school to obtain information about school attendance. You should speak with a family law attorney to discuss your options and you can receive FCS preparation which I and other attorneys provide.

    See question 
  • I just want a simple divorce no issues between husband and wife

    we have been married since 2001 we have 3 children we will continue to live together i work my wife does not work

    Brian’s Answer

    If you are unable to do this on your own due to paperwork or confusion or disagreement, one option is you can have an attorney represent you and file your paperwork, reach a settlement and create a marriage settlement agreement for you, which includes custody visitation orders and how property will be divided, etc. Another option is you can participate in divorce mediation and then have the mediator create a marriage settlement agreement for you.

    See question 
  • How do I find a limited scope attorney to help me with a modification of child custody and also a modification of child support.

    I need to move out of CA for work. I already have joint physical custody of my child (my time with my child is 40%). I also have joint legal custody. When I move I would like to have 30% of the time with my child. This would need to include al...

    Brian’s Answer

    You should look for an attorney with a background in child custody. There are many parenting plans that can incorporate the holidays and school vacation time you have mentioned. The fact you have 40% timeshare is a good thing to start with. Your requests are not unreasonable if you are able to follow the schedule and if its in the best interest of the child.

    See question 
  • What are the reasons that a mother shall be granted as custodial parent?

    Again... thank you very much for helping me.

    Brian’s Answer

    There are various reasons a mother or any parent would be granted primary physical custody of a child. The stand the court looks at is Best interest of the child. This includes many specific areas including, age of the child and interaction between a child and their parents among many other things. Hiring an attorney and discussing your specific matter with them can help you better understand the complexities involved in child custody issues.

    See question 
  • What would a judge require as proof of bad parenting from the absent parent?Currently the absent parent pays me support directly

    My dilemma is this: we have a 3yr and another due 4/14. He supports his child but does not visit with her or spend quality time with her because his spouse does not allow him to visit due to the fact he would most likely have to see me. The few t...

    Brian’s Answer

    The situation you describe is unfortunate as it would be beneficial for your child to have both parents involved in their life. That being said, you can outline the situation you have just described in a declaration so the judge can read about your ex's lack of time with the child. If this matter is in court and there is a dispute over custody and visitation, you and your ex would be sent to Family Court Services and they would make a recommendation to the court regarding a parenting plan for your child and soon to be born child.

    See question 
  • Shouldn't my ex be only discussing when he wants to pick up my kids for visitation with me instead of my minor children?

    I live in San Diego and my ex lives in Las Vegas. He has visitation with my kids during their breaks, but has a REALLY bad habit of texting my daughter, who is only 12 years old, about when he wants to pick them up. Isn't he required to discuss pi...

    Brian’s Answer

    First off, if you have a court order, then it needs to be followed as far as the parenting plan goes. If there is no order or something has changed to make it difficult to follow the order, then the two of you should discuss a new plan or you should bring the matter back to court. Your ex should be discussing plan with you not with her, but there appears to be an issue with co-parenting. It is difficult for the kids to hurry up at the last minute and that is why a plan in writing is best so it can be followed with minimal issues.

    See question 
  • I work in AZ, commute to CA weekly. My husband & kids live in CA. We still pay AZ taxes. Kids in CA schools. File in AZ or CA?

    I am considering filing for divorce but I am concerned that he will want to remove the kids from CA schools and move back to AZ. Since I commute back and forth and he is in CA full time, I am concerned that he will be perceived as the primary care...

    Brian’s Answer

    Since the kids reside in CA filing in CA for divorce would be best so the judge can make custody orders.

    See question