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David Alexander Yomtov

David Yomtov’s Answers

2,102 total

  • After filing divorce case, are any updates on the case posted on the Santa Clara County court of clerks website?

    - Case filed at San Jose, Santa Clara Superior court of clerks. But because there is more than one court, I wanted to know if updates are on the specific courts website or Santa Clara county court of clerks

    David’s Answer

    You can check your docket here: It covers all cases in the county, regardless of which courthouse your case is heard in.

    Be aware, however, that this is not, necessarily, up to date, as humans still need to enter this data and the court staff is undermanned due to budget problems.

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  • If my child father is behind child support and does not have a license and 3 duis can i get full custody of my child?

    i want to get full custody of my child. i do not want my child to go over night anymore. there is not written documents that i have to let her go to his house every other weekend just a verbal agreement. he is not up to date with his child suppor...

    David’s Answer

    Strictly speaking, there is no connection between failure to pay child support and who should have custody.

    But you mention three DUIs, and that may be very important, in that it suggests that the dad has a serious drinking problem, and this would usually be a good reason for him not to have custody. In fact, you could request that the court order that the dad have *supervised* visits, if any, in order to make sure that he's not drinking during his visits.

    I agree with Mr. Hoffman, though, that if there is no existing court case, then you *have* custody, by virtue of the fact that the child is in your care. If this is the case, and you do not feel that visits are appropriate, then you do not allow visits, and that's that. Dad may file papers in court asking for visits, but see my comments above.

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  • Where is a divorce case from San Jose area ( filed at Santa Clara county court of clerks) be handled?

    - I see many courts in San Jose area and wondering which court is responsible to see divorce case - Is the status of cases updated online ?, if so where should I look?

    David’s Answer

    • Selected as best answer

    There are three courthouses for handling divorces in Santa Clara County, although the one in Morgan Hill is closing at the end of the year. Which courthouse you'll go to depends upon where the Petitioner lives; it's determined by their zip code.

    You can look up your case docket here:

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  • HELP! I have court on Tuesday, for a restraining order against my mother. She has threatened me via texts and calls for years...

    Ever since I was a little girl she was always extremely cruel to me. Both physical and emotional to me. She would humiliate me about my weight in front of family and friends. When I turned 22 I moved out of her home. Its been 4 yrs now. She consta...

    David’s Answer

    First of all, if you filed for restraining orders, than the only question before the court will be whether or not your restraining order should be granted. Your mother may NOT piggyback a request for grandchild visitation on your motion, but must file her OWN motion seeking said visitation.

    Secondly, so long as:
    a) you and the father of your children are together, and
    b) neither of you is incarcerated, and
    c) you both agree that you do not want grandma to see the kids,
    then (according to Family Code Section 3104) your mother cannot petition for visitation. If she does, the court will likely deny her request.

    Here's the exact text of subsection (f) of that code section: "There is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the parent who has been awarded sole legal and physical custody of the child in another proceeding, or the parent with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent."

    If your mother files a petition for visitation, then make this argument, but don't stop there. Elaborate on the reasons why you do not believe that visitation is in your children's best interest. It sounds like you'll have a laundry list of reasons. Also, if she does not have an existing strong bond with your children, then explain that, too.

    Best of luck.

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  • I live in California. My sons mother wants to move out-of-state to Las Vegas and take my son away. Is there anything I can do to

    I have been in my sons life since the day he was born I care for him I provide for him he's my world. Is there way that I can keep my son here in California with me.

    David’s Answer

    Yes, there is. You need to file a Petition to Establish Custody right away, and get her served ASAP. Then she will be under court orders not to relocate the child without either your consent or a court order. (For her to get a court order, she'd then have to file her own papers and you'd have a chance to present your side.)

    Recommend that you consult with an attorney real soon to get some more specific guidance.

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  • What is "FL Decl Of Residence" imply in California? Unless served, will the date of filing affect judgement?

    NOTE - Parties in different states. Both filed for divorce in different times. -Subject A filed "Fl Decl Of Residence", Summons and dissolution of marriage filed by a spouse in February 2015; no ruling yet. - Subject B filed in Oct 20...

    David’s Answer

    So many questions, and yet it's not clear what you are asking.

    a) The Decl. of Residence is a County of Santa Clara form, which merely determines which courthouse your case will be assigned to.

    b) Date of Judgment is, strictly meaning, the date that your eventual judgment is filed with the court. If you mean "date when marital status can be terminated," well that hinges upon the date that the Summons and Petition were served on the Respondent.

    c) If you have two different cases going on, in two different states, then you really need to consult with an attorney since there may be fundamental jurisdictional questions in your case. You've now got two judges theoretically assigned (in two different states) to decide the outcome of your case(s).

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  • As petitioner, can I change locks on house and close joint account prior to response after initial filing for divorce?

    Please advise... Things are becoming increasingly unstable since I filed for divorce. He moved out the next day after being served. He has been back a few times when I was not home and took some things from our home which could be considered c...

    David’s Answer

    If he has, in fact, moved out, then your positions have changed relative to the house. If this is a house that you own (or are buying), then he still retains his rights to the property *as an asset,* but this is now more like the rights of a landlord since he no longer *lives* there. And, like a landlord, he cannot come traipsing on in without permission.

    Of course, during this initial phase of your divorce, this may not have been clear to him, and understandably so since many of his possessions are likely still in the house, so, unless he took more than his half share of the money in that account, a contempt citation may be a bit of overkill in this case.

    So, as the sole (adult) resident of the house you may change the locks if you see fit, but keep in mind that you will still need to cooperation and coordinate with your STBX with regard to recovering items of personal property (subject to agreement or, absent an agreement, then court order).

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  • My husband & I have been separated for nearly 2 years with no paperwork filed. We have 2 kids. I want spousal and child support

    During our separation we have been living separately. Husband has not contributed anything to child support and the kids are with me. Will the 2 year separation have any affect on my request for child or spousal support? If so, how so? Isn't spous...

    David’s Answer

    Child support is a benefit for the children, and your separation will not affect it. But you'll need to file a case and a request for support orders (i.e. a motion for support).

    You can ask for spousal support, but Mr. Couture's point is a good one. You may have to show that your failure to get temporary spousal support for the last two years created a giant hardship for you. Permanent (as compared to temporary) spousal support may include the marital standard of living as one of the many factored that must be considered, but keep in mind that families *rarely* maintain their marital standard of living after splitting up into two homes.

    Consider consulting with a local, experienced family law attorney to get some solid advice based upon your particular situation.

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  • I need a divorce. We been having issues for a long time. We had discussed about it for a while. I want a noncontested divorce

    I need a quick divorce. Anyone know where in the United States I can get home the quickest without having to be a residence there??? My husband and I have issues and by now I am agreeing to a non contested divorce. I need a very experience lawye...

    David’s Answer

    I'm pretty sure that any state would require at least one of you to have lived there before allowing you to file for a divorce there. (Even Nevada requires residence for six weeks.)

    If the two of you have little in the way of assets, have no minor children together, and do not owe too much in taxes, then you may qualify for a Summary Dissolution of your marriage. This is a single-form Petition that you both sign. It saves $435 in the Responsive filing fee. Here's where you can get this form, and others:

    You would then submit a signed, proposed judgment detailing your terms of settlement. The court would then (most likely) sign it and make it your Judgment.

    The court has a Self Help Clinic, and it's free. It's also popular, so you have to get there early. Here's a link to their website:

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  • Can a divorce response be mailed in or submitted to the clerk's' office from the other party?

    My Spouce and I have a legal agreement. It's hard for her to be off work to hand deliver a response to the court house. Can I submit the response form (fl120) on her behalf if we have it notified?

    David’s Answer

    Yes, of course, the Clerk of Court will accept documents by mail. Your spouse should enclose an extra copy and a self-addressed, stamped envelope, so that he/she can receive a file-endorsed copy back.

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