Steven Gary Hittelman's Answers

Why is an ex parte form and how do I file one?

California has a number of forms to assist you in seeking order. The ex parte request would be the FL-300 (Order to Show Cause cover form) the FL-205 (Temporary orders - they're not called "ex parte" orders) and the FL-310 (Application pages). You will also have to provide your declaration giving the facts about what has been going on and why you need the ex parte/temporary orders.

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Been married 32 years haven't worked since 1987 husband now wants a divorce Will I be able to get spouse support and keep my

Spousal support in California is based not only on how long you've been married, but on a number of factors including what skills you have, how long it's been since you worked, if there is any domestic violence, etc. I would get your last few years' tax returns and any up-to-date information you have on your husband's income and consult a family law attorney ASAP. With the conservatorship it sound like it's already been granted, so trying to change it may be a problem. I would consult a...

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Can an exparte be granted if the children witness domestic violence with their father and stepmother?

IF YOU DO NOT DO SOMETHING NOW YOUR CHILDREN MAY BECOME PART OF THE JUVENILE COURT SYSTEM! Since you've known about the abuse for weeks have you reported it to anyone? Has your son made any statements to doctors or teachers about the abuse? Have you taken your son to a counselor (with his father's permission)? You must seek ex parte relief to prevent the father from allowing the step-mother to be near the children. Since the court will not have any jurisdiction to make orders against step-...

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Ex wrote email that she is refusing to bring our child to me several weeks from now for my court ordered visitation

You may want to consider asking the court to preemptively order her not to interfere with your custodial rights. The contempt proceeding merely seeks punishment for non-compliance; you'd rather actually spend the time with the children. Since the email is her "notice" to you of her refusal ask the court to make specific orders for the transportation of the children here to California, with date/time etc. That way, if she refuses to obey that order you have a stronger case for the contempt....

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Do I have full custody of my childrens after my spouse is in jail pending Domestic Viloance charges?

Step One is to make sure that you have a protective order in place. In some cases the police will get an "Emergency Protective Order" issued at the time of the arrest that will protect you and your children. If the police did not get you one then you must go to your local courthouse and ask for "Temporary Domestic Violence Restraining Orders." Most courthouses have programs to help you complete the forms and the process. Step Two is you have to file for court orders awarding you physical...

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Can i move out my parents house at 18 without permission?

In California you are legally and adult on your 18th birthday. I would make sure before moving out that you have all the support you need to take care of you and your baby. If you need help with child support then you should contact your county's Department of Child Support Services.

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How can I protect my child if his mother is around the man she got a restraining order for a year against?

You can go to the court and find out if the protective order is still in effect, and if your child was included in the order. If your child is included, and the order is still in effect, then the boyfriend is violating the order and is subject to being arrested. If the order is no longer in effect that does not mean that your child is in a safe environment; go to the courthouse and get a copy of your ex's paperwork filed for the restraining order. You can use that statement as a basis for...

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How do I emancipate my 23 year old who is not attending college?

Is your question about paying child support? If so then child support terminated as a matter of law when your son was 18, or at his high school graduation if that happened later. Is your question about payment of college tuition? If so there is no law requiring a parent to pay for college tuition in California. However, if you have a court order that requires you to pay for his college I would look to the terms to confirm that they require full-time courses, a grade-point average, or a term...

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Continuing Custody Trial?

If you have a custody hearing on the court's calendar then you've likely filed a response (or the moving papers themselves) asking the court to make orders. I suggest you supplement your request to ask for a change of custody; that way if the custodial parent does not show to the hearing then you can ask the court to proceed by "default" and ask for the change of custody. I also suggest you search AVVO for a child custody attorney in your area, or contact the L.A. County Bar Association for a...

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Is perjury in a family court law chargeable and how can I prove a mother is unfit to have her child's primary physical custody?

The first part of your question is a bit difficult; how can you prove that the mother lied in court? If you have those facts that show she knew the truth then (arguably) they should have been brought-up in court at that time. Court's don't necessarily want to have to re-hear cases when a party had a chance to bring the truth to light but didn't. It sounds more like you have a change of circumstances, given your stepson's reactions at recess, but the trouble may be showing their's a connection...

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