Salomon Quintero’s Answers

Salomon Quintero

Redwood City Child Custody Lawyer.

Contributor Level 6
  1. Can I ask for restraining order after 1.5 month since the last fight with wife? she asked for one based on lies and it is grante

    Answered about 2 years ago.

    1. Hillary Johns
    2. Salomon Quintero
    2 lawyer answers

    You may request a restraining order based on an incident that occurred 1.5 months before filing. The more important question is how to protect your legal position against her DVRO request. Some judges frown on a retaliatory DVRO request if they believe the initial case is well founded. You shouldn't file just to get back at her if you do not entertain a reasonable fear of future domestic violence. You should focus on defeating her request as your first priority. Good luck,

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. We have shared custody. She has physical custody and I have visitation rights. She is now not able to take care of our child.

    Answered almost 4 years ago.

    1. Salomon Quintero
    2. Rebekah Ryan Main
    2 lawyer answers

    You need to file a motion for modification of custody and visitation. If you truly believe this is an emergency and you have sufficient documentary evidence that shows an imminent risk to your child, you can apply for an emergency order, known as an Ex-Parte Application. Most cases can wait until the court can schedule a hearing on your case, which in most counties is about 6 weeks. You should file a Notice of Motion (FL-301) or an Order to Show Cause (FL-300) with an Application for Orders...

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  3. Mother has baby in california father stays in chicago

    Answered almost 4 years ago.

    1. Salomon Quintero
    2. Rebekah Ryan Main
    2 lawyer answers

    The most important step is for you to get a court order for custody and visitation. You may do this in California if you and the child have resided in California for the last six months. If the child is less than six months old, home state jurisdiction is usually based on where the child was born. Once a court order is in place, you shouldn't have to worry about child abduction or tghe father keeping the child away from you, because the court order may be enforced and the local police...

    1 lawyer agreed with this answer

  4. I filed an OSC modification in October, I recently moved back to CA from AZ over the summer, was there a timeframe to file here?

    Answered almost 4 years ago.

    1. Salomon Quintero
    2. Rebekah Ryan Main
    2 lawyer answers

    By your question is sounds like there are no court orders. It would be by far better for you to wait until you have resided in California for six months before filing. Technically, even though the children lived most of their lives in CA, if they lived the last year in AZ, AZ has become their home state. Home state of the child is defined as where the child last resided for at least six months at the time of the filing of the action. If you have already filed here in California and the...

  5. Can or will a jugde compell a child to visit a parent?

    Answered almost 4 years ago.

    1. Salomon Quintero
    1 lawyer answer

    A child is not a party to a divorce or parentage action, so a judge cannot order the child to do anything. Only the parents are parties, and the court can direct the parties to do certain things. In custody cases, the courts award each party certain visitation or custody rights. If a party interferes with the other parent's rights it could be considered a contempt of court. In situations involving teenagers, custody orders are sometimes hard to enforce, since many 15 year olds have a mind...

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