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Steven Gary Hittelman

Steven Hittelman’s Answers

73 total

  • I need to get an Ex Party motion before the judge who is assigned to my child custody in Orange County, CA?

    Child has been before judge and asked not to see mom because she is mean and does not want her. Had a problem on visitation where mom grabbed her and took her headphones. Daughter called me then called police. Mom even went so far as to break h...

    Steven’s Answer

    Was this latest incident (the headphones) recent? If so then you can ask the court for ex parte orders and an Emergency Investigation to get your daughter's wishes before the court.
    The issue is, though, that Mom's anger could very well be explained as a form of discipline for a child that was ignoring her. Breaking a set of headphones may be trivial to the Judge.
    If your child is too young then her input may not be important to the Judge either.
    However, if the Judge was already leaning toward a limitation on Mom's visits then this latest event may be enough to have him consider it again.

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  • 730 Evauluations Needed in CA?

    I have been working with an MFT, coordinated by a Minor's Counsel, for a number of years regarding various parenting issues with my child and other parent. The other parent is a false accuser. The Minor's Counsel is manipulated to some degree by...

    Steven’s Answer

    While expensive I don't know that it would be "overkill" in your situation to ask for a child custody evaluation under Evidence Code Section 730 and Family Code Section 3111.
    If you use an evaluation, then all mental health records, including the "false accuser" reports would be subject to review, as well as any interactions with other mental health professionals, County agencies, etc.
    In some cases the evaluation is the best way to get the MFT's records and statements, as well as the child's statements, to the court.

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  • Need Therapist Testimony Re: Interaction with Child

    I need my child's therapist to come to court and testify about the interaction she observed with myself and my child, and what she told me about the interaction, and as well as the process to restore visitation "No more visits needed with therapis...

    Steven’s Answer

    The therapist may be concerned about the "psychotherapist-patient privilege" under the California Evidence Code, and which she has to protect. If your ex is hostile to your getting expanded custody rights then the therapist is also likely concerned about a complaint to her licensing board from her if she goes to court voluntarily.
    Your idea of having her subpoenaed to court is good, but she may not be able to testify about anything your child said (or even did) during their sessions if the Mother won't waive the privilege. The court can limit her testimony to just what was discussed between the two of you, and her observations of your parenting skill and bonding with your child. If the court orders her to do so, the therapist should be able to say that her supervision is no longer necessary and that you are ready to go to the next stage of the visitation plan.

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  • What recourse does the Father have when the ex-wife is in violation of most items in the custody and visitation order?

    My partner works 49 mi./ lives 42 mi. away from his ex-wife. Prev. he lived in same town but moved 2yrs ago. Since the move, she has not facilitated a single drop off or pick up. She also has not paid for any of the medical, dental or recreational...

    Steven’s Answer

    There are two issues here; reimbursement for child support and the child custody issues.
    Your partner should put together a complete accounting of all reimbursement claims owed by his ex-wife - bills, Explanation of Benefits forms, invoices, checks, credit card receipts, etc. - and send them to her with a demand for payment under the terms of the order. If she fails to do that then file an application with the court to have her ordered to pay it, or to have the amount offset the ongoing child support until the reimbursement is made.
    As far as the custody issue is concerned, your partner should have a detailed journal of the custody dispute and should send to his ex-wife a proposal for dealing with the transportation and playdate issue. He may want to suggest a mid-way point for exchanges, or an alternating exchange system, but should certainly make sure that NO plans are made by her during his time. Your partner should be able to decide what the children do during their time with him.
    I suggest looking over the website, it allows for using a calendar, reimbursement, and email that is specific for the children.

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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?

    My child's mother and I have not been together since she/he was born. She is with a new man and filed a restraining order against him. She was granted a permanent restraining order. Now she is back with him. What can I do to protect my child. We s...

    Steven’s Answer

    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 seeking an order that she not have custody so long as the abusive boyfriend is not around. If she continues to allow the boyfriend around then you can seek to further limit her custody rights, as long as you are able to assume those rights as well.

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  • Husband got a dv order on me, brought proof to court & judge let me reside in our home til the hearing as I can't afford to move

    my husband wanted to throw me out of his home so on feb 2, he called the police saying i abused him & I was never even at the scene. Upon returning home i saw a temp. RO issued against me. He then told me he was sorry & made up w/ me even writing...

    Steven’s Answer

    I don't know if it's a "good sign" but I would certainly bring the original and the copy of the card to the court hearing.
    The Judge only has to believe one of you a little more than the other to make the decision, so the more you can bring to show (1) you are not violent/abusive, and (2) your husband is not afraid of you the better.
    You should contact the Legal Aid Society or the Public Law Center to see if you can get assistance in preparing for your court hearing.

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

    Child is now 23 years old and It has come to my attention he has not been attending college since 2009-2010. We've always been close and he was Best Man at my 2011 wedding, however he continue to claim he's attending school. For 5 years?

    Steven’s Answer

    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 of years for your payment.

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  • Child Support, Bank account drained. How can they do this legally.

    I got divorced end of 2009, Got laid off of my job right after that. Unemployment has been taking 500 a month since then. Now I find out, my bank account has been drained. My son that i am paying support to is in a home for boys. not living with ...

    Steven’s Answer

    You need to contact the Department of Child Support Services for your County (San Bernardino) to find out what they are collecting.
    It would appear that if your child was adopted thru foster care" then you are not paying current child support. However, if you owed child support at any time, and then your child got state aid (like being in the foster care system) then the DCSS can pursue collecting all that is past due.
    On the other hand, if they are collecting from your unemployment they cannot ALSO collect from your bank account - there are limits to even what the DCSS can do. They can't get 100% of your money to pay support, they're limited to 50%.
    I suggest going to their office with your unemployment checks showing what was already withheld, and then a copy of the statement form the bank regarding that money getting taken as well.

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  • My ex-wife isn't paying for the vehicle she was awarded in our divorce what can i do?

    I took her to small claims and the judge said that it was a family matter and suggested that i take her to court for contempt. So thats exactly what i did but another judge said that contempt court wasn't the mechanism to get this resolved. I have...

    Steven’s Answer

    Hopefully your divorce Judgment includes an "indemnification clause" which provides for her to owe to you what you pay on her behalf.
    Example: you've paid $2,400 over the last couple of years to GMAC. if the Judgment allows it then you can ask the court for an order that your ex owes you $2,400.
    Then you can take that court order & enforce it against her bank account or paycheck.
    I suggest you consult with a family law attorney that also knows collection work to maximize your chances for the best result.

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  • Mother in jail wants to give up all parental rights.

    Crazy one here. Mother dropped us off at the airport. Hasn't seen her son in over 12 yrs. She has been in and out of jail since. Meanwhile, I have had our son in a stable environment, private schools etc. I am not named on the birth cert. She put...

    Steven’s Answer

    Unfortunately in California she can't give up her parental rights unless there's someone else ready to pick them up.
    You CAN enter into an agreement with her acknowledging that you are his father, and giving you sole legal and sole physical custody rights.
    Then file a Petition to Establish Parental Relationship asserting your parentage, and requesting amendment of the birth certificate and sole legal/physical custody. You would be able to use the DNA test to confirm your parentage and the agreement to support your requests.

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