Benjamin Aguilar’s Answers

Benjamin Aguilar

San Diego Family Law Attorney.

Contributor Level 11
  1. Hello, I have a family law child custody question. (Please do not say consult an experienced family law attorney.)

    Answered 11 months ago.

    1. Richard Forrest Gould-Saltman
    2. Benjamin Aguilar
    3. Lee Alan Thompson
    4. Joseph Torri
    5. Stephen Ross Cohen
    5 lawyer answers

    The priority is the best interest of the child. You do not mention how old the minor is. Obviously if we are talking about a baby, it is likely that a court will determine that the minor spends most of the time with the mother, for obvious reasons. The court will take into account all facts (substance abuse, criminal records, CPS investigations, domestic violence, etc) in determining what is best for the child.

    10 lawyers agreed with this answer

  2. Family Court Services Mediation to change current custody orders

    Answered 12 months ago.

    1. Benjamin Aguilar
    2. Joseph Patrick Waters
    3. Joseph Torri
    3 lawyer answers

    Changing this will be difficult. The reason the court issues the notice requirement order is so that both parents know at all times where the child is and to prevent abduction. If there is no good reason to change the current order, I doubt that the court will allow one parent to be able to travel with the minor out of the country without the other parents permission. You are not mentioning what country you are planning to travel to or if you have ties to other countries. If you have ties to a...

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  3. How do you find a family lawyer who is well liked by the court. My experience that is more important then one who is good

    Answered 9 months ago.

    1. Benjamin Aguilar
    2. Gregory Paul Benton
    3. Gina Marie Famularo
    4. Georgia Lee Williams
    5. Anne Marie Healy
    5 lawyer answers

    You should try to get a referral from a friend, family member or acquaintance that has used the services of a family law attorney. Those are the best referrals.

    7 lawyers agreed with this answer

  4. What are my chances of winning full custody in a move away case? Would mom get preferential treatment because she is married?

    Answered about 1 year ago.

    1. Benjamin Aguilar
    2. Stephen Ross Cohen
    3. Anneshia Miller Grant
    3 lawyer answers

    These are only some of the factors the courts take into account when deciding whether to grant a move away order: ** the importance that the child maintain a stable and continuous environment, considering factors like how much time the child spends with each parent under the current arrangement, how long the current custody order has been in place, as well as the child’s ties to friends, school, and community activities and any special needs the child has ** the distance of the move **...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. I have a current joint legal/ physical custody order with my daughter's father in San Diego, CA

    Answered 11 months ago.

    1. Benjamin Aguilar
    2. Cynthia Lashonne Gonzalez
    3. Joseph Torri
    3 lawyer answers

    Move away cases are complicated, but here are some of the factors that the court will take into account when making a decision. Please keep in mind that the "best interest of the minor" is always the standard when making custody decisions. The fact that the father is in the military and is often deployed will definitely be an important factor in your case. ** the importance that the child maintain a stable and continuous environment, considering factors like how much time the child spends...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. My sons wife filed for divorce and served him papers last month

    Answered about 1 year ago.

    1. Benjamin Aguilar
    2. Joseph Patrick Waters
    3. Jay Bodzin
    4. J. Richard Kulerski
    4 lawyer answers

    Until there is a court order changing the circumstance both mother and father have equal rights to the care custody and control of the children. If your son wants to see his children and his ex won't allow him to see him (and there is no court order in place), your son can appear in court ex-parte to request an emergency temporary order so that he could see his children.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. What is the difference between legal separation and dissolution of marriage? When should you choose one over the other?

    Answered about 1 year ago.

    1. Benjamin Aguilar
    2. Annette L Goudy
    3. Gerald Anthony Maggio
    3 lawyer answers

    I agree with the previous answer. When you decide to file for dissolution (divorce), the date of separation will be the date in which you physically separated and communicated that the marriage was over. one thing that you should keep in mind is that you are still married and it might be a good idea to at least file for a legal separation because if any debt is incurred by your husband this might also be your debt since you are part of the community (or marriage).

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  8. How long do I have to respond after being served with divorce paperwork?

    Answered 9 months ago.

    1. Michael Charles Schwerin
    2. Benjamin Aguilar
    3. David Alexander Browde
    3 lawyer answers

    IF you were served with marriage dissolution papers you have 30 days from the date of service to file a response. Failure to file on a time manner can result in a default judgment.

    5 lawyers agreed with this answer

  9. Can military uniforms be worn in family court? If not and my ex did what are my options?

    Answered 9 months ago.

    1. Benjamin Aguilar
    2. Daniel Nelson Deasy
    3. Phillip Edward Stackhouse
    4. Rixon Charles Rafter III
    5. Robert Andrew Michael Burns
    6. ···
    6 lawyer answers

    As long as your ex is active duty he can wear his uniform. It is pretty normal to see members of the military in their uniforms when they go to court.

    5 lawyers agreed with this answer

  10. My sons father moved out of state 5 months after he was born, hes now 5 and has had no contact with him. Does he have rights?

    Answered 11 months ago.

    1. Benjamin Aguilar
    2. Isileli Tupou Manaia Mataele
    3. A J. Williams
    3 lawyer answers

    You do not mention whether you were married to the father. Based on the info provided it sounds like you need to file to terminate parental rights as it sounds the father has abandoned the minor and a step-parent is willing to adopt. You should consult with an attorney so that you can determine what is the best course of action. It sounds like the father does not want to anything to do with the minor, but it is always a good idea to terminate parental rights to avoid issues down the road when...

    5 lawyers agreed with this answer

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