Kim Marie Staron’s Answers

Kim Marie Staron

San Diego Family Law Attorney.

Contributor Level 6
  1. Is there any way for me to get help or should I not even waste my time? Married in 1997 Husband left myself and son in 20I0.

    Answered 8 months ago.

    1. Kim Marie Staron
    2. Isileli Tupou Manaia Mataele
    3. Gregory Paul Benton
    3 lawyer answers

    There are several agencies in San Diego that can provide assistance to you at no or reasonable cost. You can try the Volunteer Lawyer Program (ask for information on the Shriver Project on custody/visitation), the Family Law Facilitator (as previously mentioned), the Modest Means Program and/or Department of Child Support Services. Information on any and all of the programs/organizations is available online. You can apply for services through the Department of Child Support Services online. The...

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  2. I was served an order changeing my parenting plan. But I was never served or new about the hearing. The order says I was. help?

    Answered almost 2 years ago.

    1. Kim Marie Staron
    2. Zephyr Savoy Hill
    3. Donald Frederick Conviser
    3 lawyer answers

    Go to the courthouse, pull your court file and look for the Request for Order that she filed. Then look for the Proof of Service to see who allegedly served you with the papers and how it was done. Then, look for the yellow minute order and see what the court did at the hearing. Then look for a brown Findings and Order After Hearing to see what orders were entered. Paperclip each of these documents and ask the clerk to make copies for you ($.50 per page). Do not remove the papers from the...

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  3. My husband and I own our home outright and do not want to sell. Is it possible to get a legal separation?

    Answered almost 2 years ago.

    1. Shaun K. Boss
    2. Kim Marie Staron
    3. Donald Frederick Conviser
    3 lawyer answers

    You will want to consult with a family law attorney to determine whether a legal separation or a dissolution is more appropriate in your circumstances. Retaining joint ownership of the home after the termination of the relationshio, whether it is terminated by legal separation or dissolution, carries its own problems and as previously noted, you will want to have specific language in your agreement to resolve any potential conflicts that may arise. You can retain joint ownership of the home...

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  4. My husband an I are in a process of a divorce he doesn't want the divorce but wants physical custody? But wants no divorce?

    Answered 8 months ago.

    1. Gary Ralph Ilmanen
    2. Gordon Dale Cruse
    3. Kim Marie Staron
    3 lawyer answers

    I am somewhat confused by your question. You say you are in the process of a divorce, but that your husband does not want the divorce. As mentioned earlier, it does not matter if he does not want to get divorced. If you file for divorce, you will be able to obtain a divorce (dissolution of marriage). But then you say that he wants physical custody if you separate again. It does not sound like you are going through the dissolution process yet. You should take advantage of a free half-hour...

    2 lawyers agreed with this answer

  5. Child custody - emergency order

    Answered 8 months ago.

    1. Kim Marie Staron
    2. Richard Forrest Gould-Saltman
    3. Edna Carroll Straus
    3 lawyer answers

    Pursuant to Family Code, section 3064, an emergency that justifies addressing a custody/visitation order on an ex parte basis is a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. While your situation would not be considered an emergency, there is sufficient time between now and summer to file a Request for Order (if you cannot come to an agreement with the other parent that is then reduced to a written Stipulation and Order)...

    2 lawyers agreed with this answer

  6. I have been FALSELY accused of child molestation and have a court hearing scheduled for Monday . Do I need counsel for this?

    Answered almost 2 years ago.

    1. Kim Marie Staron
    2. Neil Pedersen
    3. Michael Charles Doland
    3 lawyer answers

    Yes, you need an attorney familiar with family law to represent you in the family law action. You essentially have two different cases in two different areas of law so you will need an attorney that is familiar with each particular area. The laws are different, standards of proof are different and what is important to the judge is different. Definitely get a lawyer that knows family law.

    2 lawyers agreed with this answer

  7. Can I sue my ex and/or her lawyer for misconduct or distress caused by someone who possibly impersonated a Sheriff via phone?

    Answered almost 2 years ago.

    1. Edna Carroll Straus
    2. Kim Marie Staron
    3. Debra Vaniman Crawford
    3 lawyer answers

    Unfortunately, it would be difficult for you to prove who was on the other end of the phone line, whether it was a Sheriff or not. Your bigger issue is the fact that the agreements you had with your ex are now being withdrawn for no apparent reason (at least none that you have stated). How long were you practicing the retrieving parent pick up at the sending parent's home instead of what was ordered? That practice was not what the court ordered. And, though parents have the ability to...

    2 lawyers agreed with this answer

  8. Response to my petition is filled with lies, what do i do?

    Answered almost 2 years ago.

    1. Kim Marie Staron
    2. Daniel Seth Williams
    3. Bettina Yanez
    3 lawyer answers

    As previously suggested, you should retain an attorney to assist you in this matter. If you are unable to afford an attorney, you can visit the Family Law Facilitator. In terms of alleged lies, you have to determine which, if any, of them are going to hurt you. If any of the lies relate to your ability to parent, you need to make sure the Judge knows they are not true. If you have proof they are not true, provide that proof to the court. If there are custody and visitation issues, it is...

    2 lawyers agreed with this answer

  9. Is it the same to concede as it is to stipulate?

    Answered 8 months ago.

    1. Leslie Faye Juris
    2. Kim Marie Staron
    3. Gregory Paul Benton
    4. Alan James Brinkmeier
    4 lawyer answers

    Conceded is not the same as Stipulated though the result may well be the same. Stipulated means agreed. Conceded means to "acknowledge as true, just, or proper; admit." I would put it this way, if you stipulated, it means the two of you agreed it was his separate property and it would not be a trial issue. If you conceded it was his separate property, it means that he alleged it was his separate property and you admitted that yes, it was his separate property. I am not sure why the Judgment...

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    1 person marked this answer as helpful

  10. I have a court order from one county stating that I may pick my son up from pre-school every other friday any time after 1pm...

    Answered almost 2 years ago.

    1. Kim Marie Staron
    1 lawyer answer

    You can file a Request for Order in the county of the custody/visitation order requesting a modification of the existing orders due to a change in circumstances. You can ask that the court allow your fiancee to pick up your son when you are not available to do so. Wasn't there an order that she not be permitted to remove the child from the county without your written consent or a court order?

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    1 person marked this answer as helpful

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