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Angela D Curtis

Angela Curtis’s Answers

28 total

  • Can my 8 year old decide which parent he wants to live with?

    Divorced since he was 3 years old. I (mom) have primary custody. My ex tells my son that he is going to live with him when he visits him and my son returns crying saying that he wants to live with me not his father. I want to know if my son has a...

    Angela’s Answer

    1. Your son is able to speak directly to the Child Custody Recommendation Specialist and express his feelings and wishes. The CCRS won't automatically do what your son wants, but they will hear him out and ask him questions trying to discern which parent he seeks in various situations.

    2. Get your son into counseling. The counselor can address the issues of parental manipulation of your son.

    Here is a link to your County's Family Law Mediation services for additional information. http://www.riverside.courts.ca.gov/familylaw/custodyvisitation.shtml

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  • Family Law AND/OR Civil: How to value family photographs that were deliberately destroyed? No market value, only sentimental

    What is the California (or other state) Caselaw on compensatory damages for the deliberate and malicious destruction of thousands of family photographs? There were easily 20,000 family photos dating back to 1900's that were irreplaceable and ther...

    Angela’s Answer

    You may have a cause of action for Trespass to Chattel or Vandalism. This is not my speciality area, but you may also have a claim for Intentional Infliction of Emotional Distress, which would be established through your counselor/therapist/psychologist who is treating you for the emotional damage that was caused by the destruction of your property. It is difficult to valuate each photo since they've been destroyed, much less to prove that they existed in the first place unless you can find proof that they existed. This infuritates me, but it isn't my area of specialty so I would suggest hiring a Civil Litigation attorney such as Loye Barton at Norman-Dowler, LLP to assist you. 805-654-0911. Tell them Angela Curtis sent you! If this occurred during a Divorce Proceeding, it would fall under the Family Law Divorce realm, though. Your relatives may also have a cause of action in the civil arena.

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  • Family law

    Do I have to wait until my next court date to go back into court? It is 5 months away and my ex is still not letting me get my phone time with our child. We have been ordered to have the child interviewed only, in 5 months. I have filed 4 police ...

    Angela’s Answer

    The Judge CAN'T consider evidence if the matter is not properly filed with the court because the other side is entitled to Notice of the allegations and an opportunity to be heard. It sounds to me like you're not following proper procedure (which is understandable, because this is a VERY complex field of the law.) You need an experienced Family Law Attorney to assist you to understand what steps you need to take in order to have the Judge consider your evidence. You don't have to wait until the next court date, you can file CONTEMPT charges against your ex, but you must do so properly or the charges will get thrown out and you won't ever be able to charge those charges again. It's called, "Dismissed WITH prejudice." So make sure you hire an experienced Family Law Attorney to prepare your paperwork. It's worth the money to hire a Professional in order to have it done properly.

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  • Am I allowed to publish arrangements of video game music?

    I arrange concert band music as a hobby, and a good majority of it is of music from Nintendo games. Someday I dream of obtaining copyrights from Nintendo and publishing the music so school bands can perform it. How can I obtain the necessary permi...

    Angela’s Answer

    • Selected as best answer

    In addition to the other attorneys' answers, you need to know if Nintendo simply obtained a USE-license themselves. You may be able to contact the original author of the music to see what type of license was granted to Nintendo, whether it's exclusive use, etc. That's a VERY basic suggestion to start. It may be easier to contact Nintendo's Legal Department and ask them what type of license they obtained to use that particular song. Other than that, I agree with the answers below for the most part. If you need advice, contact one of the Entertainment Law Attorneys on here... including myself. 805-654-1292

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  • In a child support case, what does reserved jurisdiction and reserved retroactivity mean?

    A child support case was opened when I received sole custody of my daughter after already having full custody for a while before that. The judge put down on our final judgement that the child support was to be reserved jurisdiction and reserved re...

    Angela’s Answer

    "Reserve jurisdiction": that means that the court is saying, "I am going to reserve the right to make orders for child support in this case...
    Retroactively: means back to the date that you filed your motion prior to the Judge making that order.
    What this means to you...
    Get your Income & expense declaration completed, attach copies of your last two months' paystubs (blacken out your social security number), & make 3 copies of everything. Staple your paystubs to the I&E & file it with the court. Serve a copy on your ex & the Dept of Child Support Services. Serve him with a blank I&E Dec with a cover letter asking him to provide his last years' tax returns & last two months' paystubs.
    If you know where he works, hire an Attorney to subpoena his payroll records. Open a case with your local Dept of child support services agency & let them do the legwork for you. Or hire an attorney if you can afford one.

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  • Can you take pictures during the visitation exchanges?

    my ex wife always take picture of me and my car during exchanges. I dont why she keep doing this, and after she take picture of me she smile. my ex wife and I in custody battle, we also have Monitor (non professioanl supervisor who supervise the e...

    Angela’s Answer

    Yes, she can take your pictures so smile & kiss your baby on the head! You can ask the court to order her to remain in the car during exchanges next time you're in court.

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  • Which court should i go to get a restraining order?

    I live in Porter Ranch , zip code:91326. I want to make sure that I go to a court which has jurisdiction. Thank you

    Angela’s Answer

    Any court in Ca has jurisdiction to issue Domestic Violence Restraining Orders. I suggest you file in the county in which you reside if there are other issues such as child custody, though, to avoid having conflicting orders from different courts, because custody jurisdiction will have to be dealt with in a county that has jurisdiction over you & the other party. But DV TRO's can be sought anywhere in the State.

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  • I'm Non US citizen,Can I marry an Australian in USA?

    I am an Indian residing in US on a Tourist visa for 6 months (have 10 years Multiple visa), I'm planning to marry an Australian guy who is in Canada, can we marry in US and get US Marriage Certificate that will be the legal document for him to app...

    Angela’s Answer

    I think you should consult an Immigration Attorney in Australia.

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  • Requesting wage assign for year's worth of unpaid childcare by NCP. What can I do about this going forward?

    Year's worth of daycare costs NCP is 50% responsible for, judgment for atty's fees -payable directly to me, c/o my attorney. Have hearing date later this month to request another wage assignment for past year's childcare costs he's 50% responsible...

    Angela’s Answer

    1. Do you still have your attorney? If so... take his/her advice.
    2. If you don't have an attorney... Yes, the court SHALL order that daycare costs be INCLUDED in the order if there is a history of consistent payments & proof of costs incurred. It will be ordered "As Additional Support" under California Family Code Section 4062(a). Shall reflects that it is a mandatory addition to child support, however, some Judges fail to adhere to the mandatory provision.
    3. Bond - ask the court to order him to post a BOND for one year's worth of child support since he is in arrears. Judges are hesitant to do this because it's a pain in the grain to enforce, but you're entitled to ask for it under the law. Just be prepared to provide the Judge with all the reasons & resources upon which you'd like the order to be made. I find that Judges are more likely to rule in your favor if you do your homework and make their job easy on them. For example, "Johnny's bond company, located at 1234 E. Main Street, San Diego, CA is able to extend a bond to John Doe in the amount of $6,000.00 to cover unpaid child support, etc etc. etc" I hate doing those but it's a remedy available to you under the law nevertheless.

    4. Remedies for his refusal to reimburse: Contempt. Be prepared to show that he was served with the order requiring him to pay AND that he had the ABILITY to pay. Charge one count for every single payment he missed. Make sure that you show billing statements for every month you incurred the costs.

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  • How do i get court to do some cross referencing and see my point before making judgement?

    Here is the equation in simplest form: ex hubby on public assistance = me ordered to pay child support, but what the court doesnt see is ex hubby gets like $500/mo which is suppose to be for taking care of kids yet he pays his second ex wife about...

    Angela’s Answer

    Notify the LA County Department of Child Support Services &/or the State Child Support Services Hotline. You need to bring to their attention the fact that there is another case he is involved in and paying support for. If I read this right, your children primarily live with HIM? Child support can be ordered based on your Disability income. You need to go to court and prove that you're on Disability and show them your income. The Department of Child Support Services automatically imputes income when making orders pertaining to Welfare Reimbursement cases. It is up to the Payor to request a court date to prove that they don't make the wages that are being imputed.

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