Skip to main content
James Robert Fox

James Fox’s Answers

300 total


  • How do I request an out of state trip with kids during a custody fight?

    In California

    James’s Answer

    The first step is to simply make a request of the other parent. It is helpful if you have an itinerary, meaning where you will be going, where you will be staying, and how long you plan to be there. Normally trips do have some affect on the other parent's custodial schedule, but most court orders have provisions for vacations for either parent.

    Check your court orders to see if there is such a provision. If there is not, I would make the request of the other parent, but do so in writing. If the other parent is disagreeable, ask them why. They may have a good reason for it, they may not. If their reason for not agreeing to your trip is unreasonable, you will have to file a Request for Orders to obtain a court order that would allow such vacations/trips.

    I hope this helps you.

    See question 
  • Can Superior Court Family Law Judge order Hair follicle testing to ensure (mom) petitioner isn't using drugs. Has past history

    Mom has had previous drug history including Failure to Protect her eldest biological daughter. Urine test does little as most kids can beat that for meth. A 5 panel hair follicle test cannot be beat. I am covering costs difference between that and...

    James’s Answer

    The quick answer to this is maybe. Here's why I say that: the judge can make providing a hair follicle follicle test a condition of having custodial time with the child. It all boils down to family code §3011. The judge can make any orders they believe are in “the best interest of the child”, Family Court judges are given a very wide discretion on making such determinations. So, can they "make" someone do the hair follicle test, no-they cannot force someone, or hold them in contempt, for not providing hair follicle test. However, they can make orders regarding custodial time spent with the child based upon not providing hair follicle test.

    I hope this answers your question.

    See question 
  • When does a child have the ability to decide whether he has to meet his father. Is his counselor allowed at the therapy.

    I recently filed for child support. My son is 11 years old. and the father has not been around since he was born. Right after I filed, he countered with a custody/visitation case. They are in reunification therapy and my son does not want to at...

    James’s Answer

    There is a lot going on here. But, to answer your final question - the court does take the childs desires into consideration - how much weight it gives that consideration is another story.

    The Court will not allow the child to "make the decision" because the Court will not allow the tail to wag the dog. Now, if Dad has not been around, the Court will be cautious as to the relationship between them. Reunification is the right start. The counselor may decide the relationship is not reparable, or that it is going to be more like an Uncle thing. If your ex is truly blaming you for him not seeing your son, that WILL NOT sit well with the therapist.

    My advice to you is to keep supporting the therapy and let the therapist represent to the court what should be done. Your son knows who his mother is, he knows where he is safe, he knows you will protect him, he knows to trust. More importantly he appears he knows who not to trust.

    Your ex has a LONG way to go in repairing this relationship. He has a lot of work to do. If he does it your son is better off with an involved Father. If he doesn't follow through, when your son turns 14-15, his voice will be stronger, his word more fierce, and your ex will have lost out on the most valuable thing in his life.

    I know you want to release your talons and claw. Your boy is strong enough to withstanding his fathers foolishness, or hold him accountable for it. He already is.

    Good Luck to you!

    See question 
  • Do I need to file for contempt of court or something else For family law?

    My ex husband doesn't have a job anymore and is living in one of his dads houses with his dad financially supporting him. He doesn't follow any of our court orders. He is so far behind in child support and refuses to pay for 1/2 of the extra expen...

    James’s Answer

    Again, Edna is right, contact DCSS. They will hunt him down. It does not solve your immediate dilemma of not having any money, but it may get things started.

    See question 
  • Why did my ex (respondent) request a Trial setting short cause when we were only married for 10 months. No child or assests.

    Property Dec and income was already surrendered and both her and I have copies. She is not seeking alimony. What happens in I don't show up to the court hearing?

    James’s Answer

    Either the two of you need to file a "JUDGEMENT PACKRT" which is available on the courts website, or a judge needs to hold a "trial/hearing" to make the decisions.

    It sounds like you both agree to everything, so you have some choices. (1) you can put it together yourself, or (2) pay a lawyer to put it together. I say try to do it yourselves.

    There are plenty of website that can assist you, or as one of the posters said, you can ask for assistance from a family law facilitator (free service to assist those representing themselves)

    Hope this helps.

    See question 
  • Filing response to divorce?

    In April 2014 my spouse filed for divorce which is totally uncontested. My spouse has filed all the correct documents and paid for the service to be done by a local sheriff. As I've been told they don't always do their job and have not delivered a...

    James’s Answer

    Yes. However I would go to the courthouse and retrieve the documents that have been filed. Have them reviewed with an attorney to make sure you are, by default, agreeing to what the other side has requested. Unless you SEE the papers, you don't want to simply say okay.

    See question 
  • Is there any way to prevent opposing party's character witness from testifying in family court?

    A character witness I plan to call in family court was recently cited on a drug related charge and will be fighting the charge on an upcoming court date in another jurisdiction. Can opposing party in my case somehow ban (or petition the court to b...

    James’s Answer

    Anything a person testifies to under oath can be used against them in further proceedings unless the witness is granted some sort of immunity.

    That being said, I agree with the previous poster, generally character evidence will not be allowed. However, if the testimony relates to a child custody matter and the person can testify as to their observations of you as a parent, that may be relevant. What you cannot do is ask them to speak generally that you are a "good" person, or a "good parent".

    On a side note, any criminal proceedings, even pending ones, can be introduced to establish someones veracity and to impeach their testimony.

    I hope this helps you.

    See question 
  • Does a Vocational Assessment lower child support?

    Ex refuses to work. She has a degree and has worked in the past. I pay child/spousal support. Will it lower both child and spousal support? or just spousal?

    James’s Answer

    Short answer is probably not. Unless you can show the other person was intentionally under or unemployed. Then a Judge may impute income to the other person. You must be able to show the person has the skills AND opportunity to have been employed - then you may get CS lowered.

    See question 
  • In California, is a non custodial parent on disability and has visitation entitled to child support for time she has child

    N/c is rrquired to keep bedroom for child.mom on disabilty and assistance

    James’s Answer

    Child Support is based upon income. Unfortunately disability is NOT income for the issue of CS. She is not ENTITLED to it unless she files a motion and asks for it. It is a calculation made in software that takes your income, her income, the time share for each of you, and comes up with a number.

    See question 
  • In California, how is the time spent (percentage) with the child arrived at for the formula used in calculating child support?

    In calculating child support in California, is the time spent (percentage) based on actual time the non-custodial parent had spent with the child in the past year or based on the time (percentage) that the non-custodial parent says he will be sp...

    James’s Answer

    The Court will modify support as per the COURT ordered time share. They will not order support based upon a non court ordered timeshare. If they are asking you to stipulate to a CS amount, don'! If the other parent gets an order for XX%, the court will calculate on X%, no

    Seek out an attorney if you can.

    See question