Cristin Michelle Lowe’s Answers

Cristin Michelle Lowe

San Ramon Divorce / Separation Lawyer.

Contributor Level 13
  1. Ex-girlfriend trying to get custody of our daughter

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Douglas Charles Michie
    2 lawyer answers

    The law is written in a way so that the Court has to look at the actual custody arrangement, not what is on paper. In your case, while you have primary custody in your orders, the truth is that you've had joint custody for a year. There is no longer a primary custodial parent in this situation. As far as switching the visitation schedule so that you have less than 50% of a timeshare with your daughter, your ex needs to prove that it's in your daughter's best interests to make such orders....

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  2. Nonsensical Ruling

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Pamela Koslyn
    2 lawyer answers

    I'm very sorry that you had to go through such a difficult period of time. I can't imagine how hard it must have been on you to not see your children in two years. That being said, there is absolutely nothing that can be done that will ever get that time back for you. It isn't so much about forgetting about the past as it is looking towards the future. I understand that the deck is stacked against you, and that the relationship with your children has been severely damaged, but you now have...

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  3. Restraining order violation

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Steven Alan Fink
    3. Zephyr Savoy Hill
    4. Mark Brian Baer
    4 lawyer answers

    Because she issued the restraining order against you, she's not violating anything. I can see why you would think that it's a double standard, but it's more of a one-way street than anything else. Legally, if she's harassing you and threatening you, it's possible that you may have a case for filing a restraining order against her. That being said, just because you have the legal right and grounds for something does not mean that you should do it. You might want to focus your energy and...

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  4. I just found out my ex-wife has one of our three children seeing a therapist who is administering drugs to my child.

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Mark Brian Baer
    3. Dianna Gould-Saltman
    3 lawyer answers

    In this particular case, you may be headed towards a custody evaluation and perhaps an attorney retained for your children (called minor's counsel). As a temporary solution, you might want to file a motion asking for several orders. First, a request that the name(s) and contact information of the children's therapist(s) immediately be disclosed. At the hearing, I would ask the Judge to order her to disclose the names on the record (if you can get away with it), so there's no room for her...

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  5. At what age can my children decide which parent to live with if the mom has full physical custody yet granting dad visitation?

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Mark Brian Baer
    2 lawyer answers

    It's not a particular age so much as your children's maturity level, their ability to express themselves, and their reasoning/rationale behind their choice. For example, a 16-year-old who says they want to live with Dad because he has no rules and doesn't require any chores is going to be taken much less seriously than a 10-year-old who expresses that she would prefer to live with her mother because her father regularly causes her to be late to school, forgets to take her to her...

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  6. What happens when you go to trial on a guardianship.

    Answered over 1 year ago.

    1. Cristin Michelle Lowe
    2. Oliver Alexander Greenwood
    3. Daniel Mcgraw Little
    3 lawyer answers

    It's a little difficult to know exactly where you are in the guardianship process based on the brief description provided. In general, though, a guardianship trial is a "bench trial," meaning that there is no jury and the judge is going to decide whether or not a guardianship is appropriate. If the parents consent to the guardianship, there is no need for a trial. You'll just need them to sign the appropriate paperwork. If, however, one or both parents contest the guardianship, the judge...

    3 lawyers agreed with this answer

  7. I have been ordered to pay half of my income in child support and spousal support, is that normal?

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. John M. Kaman
    2 lawyer answers

    If your soon to be ex-wife is not working full-time, then yes, it is probably going to be about half of your income for guideline support. There is a big difference between temporary (pre-judgment) spousal support and permanent (post-judgment) spousal support. Temporary spousal support is based on the DissoMaster program and is strictly based on your respective incomes. Permanent spousal support is based on 14 different factors, as listed in Family Code Section 4320 (you can find this...

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  8. If I marry a man with children, can the ex-wife take him back to court for more child support?

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    1 lawyer answer

    Child support is not dependent on your income, but his tax status will change due to marrying you, which might ultimately alter guideline support. First of all, he'll presumably be filing jointly with you. That will put him in a more favorable tax bracket than filing single, and therefore, he might have more net income. At the same time, your added income could very well boost him into a higher tax bracket, thereby reducing his net income. These two scenarios could also cancel each other...

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  9. Parent coaching child during custody case

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Mark Brian Baer
    3. Maury Devereau Beaulier
    3 lawyer answers

    I really advise against you asking your son to write down the conversations with his mother. I realize the huge disadvantage you're facing, but try to remember how scared your son is right now--asking him to do this is going to cause further damage. Right now he trusts you and came to you believing that it was safe to do so. The best thing you can do for his is to assure him that you love him and that the only thing you expect of him is to be honest, just like you expect him to be honest in...

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  10. Can a county be sued for an unlawful child support order?

    Answered over 4 years ago.

    1. Cristin Michelle Lowe
    2. Cecelia Soboleski
    3. Richard Forrest Gould-Saltman
    4. Mark Brian Baer
    5 lawyer answers

    I am so sorry for your predicament, and if it helps at all, you and your husband are not the only people who have been in this situation. As the previous poster mentioned, your husband should have been served these papers many years ago. It's very likely that he did receive them, but it's also very possible that since he didn't know what they were, that he threw them away or disregarded them. Since the child's mother passed away, it's very possible that the support orders and arrears...

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