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Salomon Quintero
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Salomon Quintero’s Answers

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  • 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

    we had a fight 1.5 month ago, I left the house asked for divorce, Just noticed that she asked for a TRO based on lies and it is granted, I have a court hearing in 2 weeks about this TRO. I am preparing a response but aIso I want to ask for a TRO...

    Salomon’s Answer

    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,

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  • 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?

    I started moving back in June and as of August did not return to AZ. I file my OSC with the June as our CA residing date (as we were back and forth). Can the non-custodial parent try and have this changed to AZ courts? We have lived in CA all of ...

    Salomon’s Answer

    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 other parent objects, the California court would be obligated to refer the case to Arizona.

    Good luck,

    Salomon Quintero

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

    We have a court custody agreement, but now she can't take care of our child due to mental Illness. Her mother has the child and is not following the court custody order as per visitation and phone calls. How can I have the courts modify the Court ...

    Salomon’s Answer

    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 and Supporting Declaration (FL-310) . I would recommend that you retain an experienced family law attorney to assist you because it is important that you properly present your case.

    In the mean time you should do your best to continue to work with the maternal grandmother so that you can exercise your visitation and phone call rights. You should do this with respect and peacefully, but emphasize that she should not deny you your court ordered rights with your child. People often try to keep a child away from a parent out of fear that the other parent will keep the child. You need to make clear that you want to maintain a good and healthy relationship with her and to follow the court order.

    Good luck,

    Salomon Quintero

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  • Mother has baby in california father stays in chicago

    he wants us to go out there for holiday visit but what happens if he decides to keep the baby out there..can he? or what if he asks for me to leave the child to spend time with him for a month and i do...can he claim i abondened my child?

    Salomon’s Answer

    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 department should help you recover a child that is kept beyond the time stated in the Order. It's a shame for both of you to play keep away with the child just because you are both worried about the intentions of the other. This is why it is best to obtain a court order. Any family law attorney can help you out with this process. Also, most courts have a Family Law Facilitator who can assist you if you cannot afford an attorney. Good luck,

    Salomon Quintero

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  • Can or will a jugde compell a child to visit a parent?

    The child is 15 years old, the parent has joint custody, the child resided with the parent for 12 years prior to the change in placement, the child no longer wants to visit and the custodial parent doesn't encourage visitation, there is no accusat...

    Salomon’s 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 of their own and cannot easily be controlled. Problems arise when there is a question of whether the parent is involved in undermining the other parent's role in the child's life. Most Family Court Service officers are alert to efforts to alienate a child from a parent.

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