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John Noah Kitta

John Kitta’s Answers

6,235 total


  • Does the dismissing of judgment means automatically dismissing of the case?

    After a trial court issued a judgment for the plaintiff. A motion for new trial was filed from defendant. The motion for new trial was granted and a new date for the new trial was set. At the new trial the court issued "order setting aside and dis...

    John’s Answer

    In essence, the Judge will wipe the first trial off the chalkboard and the case will now proceed to a second trial with the first trial not being taken into consideration.

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  • My child's mother refuses to provide required information such as itinerary, lodging, per our court order. What can I do?

    They are traveling in two days. I still don't know where my child is going, where he's going to stay, who to contact in case. All above information is required in our current court order. I'm afraid she's going to flee with our son. What can I do?...

    John’s Answer

    If you have serious concerns about the child's mother fleeing with the child, immediately retain experienced family law legal counsel in your area and have them file an ex parte application for emergency orders and Request for Order with the Court to restrain her from taking the child providing all the facts to the Court.

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  • Can I lose custody and visitation if I cannot afford to attend co-parent counseling?

    As part of our parenting plan, we were ordered to attend a specific number of co-parent sessions separately which after being a stay at home parent for a number of years has made it difficult rejoining the workforce and thus leaving me financially...

    John’s Answer

    The court is going to look at many factors, probably, including whatever she would be made to work with the age of your children, and thee exact circumstances you and your ex are in. If you have no money, request the court to have your ex pay the co-parent counseling subject to future reimbursement.

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  • Can a judge remove a child from parent on their own motion for an emergency screening?

    I went to a hearing for sanctions and a therapist alleged false memory of child abuse which led to a screening. The therapist did not have any information on the incident, she insisted to be court appointed then testified after seeing child 3 tim...

    John’s Answer

    Nothing is going to rapidly change until you get back into court. Don't walk, run to retain a local experienced Santa Clara County Family Law attorney. Have him/her file a Request for Order, and if you have strong enough evidence available, he or she may even want to file for emergency ex-parte orders to address the situation.

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  • Custody evaluator, not truthful, submitted bogus test results to the court, L.C.Hearing in 4 months.

    The custody evaluator, Ph.D, turned out to be unethical. Examples : He submitted to court that he administered psychological tests to me on a computer, but it was actually on xerox copy paper that he would later hand score (WCST 128 cards). He ...

    John’s Answer

    It sounds as if you have good issues that need to be raised and addressed. Mr. Gould-Saltman is correct, you need an experienced family law lawyer to present the evidence and attack the credibility of the expert.

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  • I have a question about custody. I am the grandmother, my daughter and granddaughter live with me, she has joint custody.

    Granddaughter attends school near my house, dad lives in another town. Today was her first day of kindergarten and she was late. Dad has a history of being late to work, preschool etc. he has her Monday, Tuesday and every other Friday sat and Sund...

    John’s Answer

    If the ex is disrupting your granddaughter's school time, and he does not have a suitable environment for the child to live in while she is with him, there may be grounds for your daughter to significantly modify the physical custody of her child.

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  • He owes $40k in arrears - How do I get the support. Local office is VERY unhelpful. Just found out he owns his own business.

    He has owned his business for about 2 years - I am sure everything is in his current wife's name so that is probably why they can't find him. I have been rounds and rounds with the local child support office who swears they are looking for him but...

    John’s Answer

    If you provide all of the information you have to DCSS they should help you. If you have a current court order, and you know where he works, file and serve a wage assignment so you are paid directly from his employer. Otherwise, you may need to retain legal counsel to file a Request For Order for child support with the Court in the County where you reside in an attempt to obtain a support order and wage assignment .

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  • I am concerned about my child's safety and wonder if I have any chance if I ask the court to reduce his time with his dad?

    My ex has a son from another relationship who had been arrested and sentenced to a year in prison for drug trafficking. He does not live with my ex but is there often and sometimes he has his friends with him. My ex has our 9 year old son every ot...

    John’s Answer

    The criteria is very simple, the Court will do what they perceive to be in the best interest of the child. If you have good evidence that it is not in the child's best interest to spend that much time with your ex, then you may have a viable case. Prove up your facts and move forward with what is in the best interest of your child.

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  • My ex lied regarding his income at court proceedings that involve child support, what form should I file to point it out?

    My ex lied regarding his income at the court proceedings. Basically, he quits his prior job that the child support was based on and at the same time he sold half of the commercial property (under his name but acquired during the marriage) to his ...

    John’s Answer

    You need to retain a Family Lawyer. Discovery has to be immediately commenced, this is where your ex is made to produce documents such as bank statements; wage stubs; income tax returns. You also can subpoena records directly from the employer and financial institutions. You will need to then file a motion regarding modification of child support.

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  • Honda vehicle not right after service

    I took my car in for an oil change and Honda tech advised to change water pump and timing belt and I agreed. Car ran fine before. After I got car back, I noticed that my coolant reservoir was overflowing but barely any in radiator and when I start...

    John’s Answer

    Have another certified mechanic confirm your opinion concerning the disrepair of your vehicle and get an estimate of costs to repair, then file a claim in Small Claims Court.

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