Steven Gary Hittelman’s Answers

Steven Gary Hittelman

Newport Beach Child Custody Lawyer.

Contributor Level 9
  1. There is NCO against my boyfriend and his daughter. Family or criminal lawyer to get it removed or modified??

    Answered almost 2 years ago.

    1. Steven Gary Hittelman
    2. Adam Laurence Pearlman
    3. Henry Lebensbaum
    3 lawyer answers

    If she is protected as a witness, or the No Contact Order is issued from the Criminal Court, then you would have to go through the District Attorney's office to modify the order. Be aware that the child's mother may object to the order (since you say it's an NCO between your boyfriend and his - not your - daughter). You will need to contact a criminal law attorney to modify the terms of probation/parole.

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

    Answered over 2 years ago.

    1. Steven Gary Hittelman
    2. Paula Brown Sinclair
    2 lawyer answers

    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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  3. 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

    Answered over 2 years ago.

    1. Steven Gary Hittelman
    2. Rebekah Ryan Main
    3. Jeffrey Phillip Blum
    3 lawyer answers

    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...

    3 lawyers agreed with this answer

  4. What happens in mediation? What happens if i cant attend mediation? Is there a consequence to it?

    Answered almost 2 years ago.

    1. Steven Gary Hittelman
    2. Tammi L Faulks
    3. Nathan Mubasher
    4. Sheadyn Reaves Rogers
    4 lawyer answers

    The first thing to do is call the Mediation Office (I'm going to assume since you're writing this out of Santa Ana that your case is with the Orange County Superior Court) at (657) 622-6916 and ask about rescheduling. You must also call your Ex and let her know that you need to reschedule. If you agree to what your Ex is requesting then ask him to write it up as an agreement (called a "Stipulation and Order") that you can both sign at a Notary and he can then submit to court on the day of the...

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

    Answered over 2 years ago.

    1. Steven Gary Hittelman
    2. Mo Idlibby
    2 lawyer answers

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

    Answered over 2 years ago.

    1. Steven Gary Hittelman
    2. Isileli Tupou Manaia Mataele
    2 lawyer answers

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

    Answered about 4 years ago.

    1. Steven Gary Hittelman
    2. Sandra Dee Munoz
    3. David Philip Shapiro
    4. Gregory Paul Benton
    4 lawyer answers

    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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  8. Am I able to revise child support order?

    Answered almost 2 years ago.

    1. Michael Charles Schwerin
    2. Steven Gary Hittelman
    3. Paul Jimenez Ryan
    3 lawyer answers

    Child support in California is based upon a formula, that results in a "Guideline Child Support" amount. Once the calculation is done - by putting in your and the father's gross incomes, the amount of time the child spends with each of you, certain deductions, etc. - the result of the formula is presumed to be correct. If you agreed to a "below Guideline" child support amount then you do not need to show that there has been any change in your or the father's circumstances to try to modify the...

    2 lawyers agreed with this answer

  9. What does giving sole physical custody mean

    Answered almost 2 years ago.

    1. Nadine Marie Jett
    2. Steven Gary Hittelman
    2 lawyer answers

    There are two types of custody in California - physical and legal - with two forms - joint and sole. Legal custody is the ability to make decisions regarding a child's health, education and welfare. If one parent has sole legal custody then they alone can make the decisions, but the other parent is entitled to all information. Physical custody is the "possession and control" of the child during certain times. If one parent has sole physical custody then the other parent has "visitation."...

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  10. I am getting a divorce can I take our child to another state. My husband is currently unemployed

    Answered almost 2 years ago.

    1. Steven Gary Hittelman
    2. Pamela Janet Ross
    3. Michael John Harrington
    3 lawyer answers

    When a divorce is filed in California there are "Automatic Temporary Restraining Orders" (ATROs) that are issued as well. One of those ATROs prevents the children from being removed from California without an agreement with the other parent or an order from the court. You can try to get your husband to sign an agreement that allows you to move with the children, and that can then be filed with the court. If he doesn't agree that you can move with the kids then you have to file a Request for...

    2 lawyers agreed with this answer

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