Stephanie Ann Leroux’s Answers

Stephanie Ann Leroux

San Francisco Mediation Attorney.

Contributor Level 6
  1. What exactly does sole custody without prejudice mean?

    Answered almost 2 years ago.

    1. Stephanie Ann Leroux
    2. Michael John Harrington
    3. John Noah Kitta
    3 lawyer answers

    "Without prejudice" means that the court shouldn't use the order awarding you sole custody against him in the future. If he (or you) want to modify the order in the future, you could do it by reaching an agreement , if possible. Or if, as you mentioned, there is a change in circumstances and you are unable to reach an agreement either one of you could seek a modification through the court. I'm not sure how old your children are but something as simple as the age of your children could warrant...

    2 lawyers agreed with this answer

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  2. I was hit by my boyfriend and I decided not to press charges. I have now changed my mind. It hasn't been 24 hours. prosecute him

    Answered over 1 year ago.

    1. Stephanie Ann Leroux
    2. Jay Bodzin
    3. David Matthew Piper
    4. Peter John Marek
    4 lawyer answers

    I am so sorry that this has happened to you. Nobody deserves to be hit. Regardless of what you decide to do legally, there are a variety of resources to help you and those in similar situations. You should contact La Casa de Las Madres at http://www.lacasa.org/. This is a subject near and dear to my heart. I have a DV resource page on my website at http://lerouxlawoffice.com/resources.html. My February Newsletter also covers the DV restraining order process, you can find it at http://...

    2 lawyers agreed with this answer

  3. Do both parties need to sign or be present for a divorce?

    Answered over 1 year ago.

    1. Donald Frederick Conviser
    2. Stephanie Ann Leroux
    3. Gary D Sparks
    4. Tiffany Lynn Andrews
    4 lawyer answers

    Yes, you can use the forms you find online (Online Self-Help is a useful source: http://www.courts.ca.gov/selfhelp-divorce.htm). To get started, you would fill the forms out, print them, file them and then serve your ex. Like Mr. Convisor suggested you can hire an attorney or visit the self-help center at your local court. Based on your question it sounds like you have been trying to reach a settlement agreement. You can, and many couples do, reach an agreement after the court process has...

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  4. I wish to obtain sole legal/physical custody of my son who has lived with me since birth

    Answered over 1 year ago.

    1. Stephanie Ann Leroux
    2. Kelly Jean Gamble
    3. John Noah Kitta
    3 lawyer answers

    The easiest process would be if you and the father can agree on a parenting plan providing you sole legal and physical custody because you may enter into a Stipulation and Order and submit it to the Court for approval. If you are unable to agree you must start a case. The most typical ways are a Petition for a Dissolution of Marriage (if you are married), a Petition to Establish a Parental Relationship or a Petition to Establish Custody and Support for Minor Children. Generally, the court wants...

    2 lawyers agreed with this answer

  5. Would like to know how long will it take to take divorce in USA. What would be the process. Please let me know

    Answered over 1 year ago.

    1. Stephanie Ann Leroux
    2. Stephen Ross Cohen
    2 lawyer answers

    Assuming you or your husband are residing in California, you can learn more at: http://www.sfsuperiorcourt.org/self-help/dissolution-of-marriage-domestic-partnership. You can click on the fee schedule and also learn the basics, how to file, how to respond, forms required, etc. Good luck. I wish you the best.

    1 lawyer agreed with this answer

  6. What evidence do I need to get a restraining order for harassment?

    Answered over 1 year ago.

    1. Harry Edward Hudson Jr
    2. Stephanie Ann Leroux
    2 lawyer answers

    It depends on the judge. You should be able to apply for a DV restraining order because of your relationship status. The standard of proof is "reasonable proof of past acts or abuse." If they've been harassing you on social media you should use that as your evidence. Also consider phone records, text messages, e-mails, etc. Good luck!

    1 lawyer agreed with this answer

  7. Could I lose custody if get my child evalauted for ADD without NCP consent?

    Answered over 1 year ago.

    1. Stephanie Ann Leroux
    2. Stephen Ross Cohen
    2 lawyer answers

    She can always go back to the courts. However, it doesn't mean that the courts will grant her request(s). Here, depending on what is in your order pertaining to legal custody she probably wouldn't be able to challenge your decision to have your child evaluated. I would suggest that you review your order, follow it, document that it was followed (I.e.- Save all e-mails, proof of mailings, etc.) and proceed as needed. Good luck to you and your family.

    1 lawyer agreed with this answer

  8. I'm undocumented and have been married for more than 10 years. enter without inspection. is there any new laws for some1 likeme

    Answered over 1 year ago.

    1. Stephanie Ann Leroux
    2. Hillary Johns
    3. Mani Khavajian
    3 lawyer answers

    I agree with Ms. Johns that you should consult with an immigration attorney. However the good news is that the laws are changing in March. The changes include a waiver to the bar on re-entry. This will hopefully greatly decrease harmful family separations. You definitely need to talk to an immigration attorney ASAP. Good luck to you and your family!

    1 lawyer agreed with this answer

  9. Shelter living good for child?

    Answered almost 2 years ago.

    1. Stephanie Ann Leroux
    2. Kian Moghbeli
    2 lawyer answers

    California Family Code Section 3011 provides that the court will consider the following, and any other factors it deems relevant: -The health, safety, and welfare of the child. - Any history of abuse by one parent or any other person seeking custody against any of the following: Any child to whom he or she is related by blood or affinity or with whom he or she has had a caretaking relationship, no matter how temporary; the other parent; a parent, current spouse, or cohabitant, of the parent...

    1 lawyer agreed with this answer

  10. My 2yr old sons father refuse to return him home. &says he going to live with him.

    Answered over 1 year ago.

    1. Tiffany Nicole Romine
    2. Diamond B Tran
    3. Stephanie Ann Leroux
    3 lawyer answers

    I agree with Ms. Romine that you should contact the police. However they may say that without a court order the father is entitled to custody just as you are. Either way you NEED to have a custody order in place, especially if your ex threatens to withold your son from you. I would suggest that you seek out legal assistance immediately. You can try the following: The Bar Association of San Francisco VLSP has a good pro-bono family law program- http://www.sfbar.org/lawyerreferrals/index.aspx or...

    1 person marked this answer as helpful