Gina Nicole Policastri’s Answers

Gina Nicole Policastri

San Jose Divorce / Separation Lawyer.

Contributor Level 7
  1. Parent leaving country for four weeks leaving kids with other parent's care. Do I need to get a court order before I leave?

    Answered 3 months ago.

    1. Gina Nicole Policastri
    2. David Alexander Yomtov
    2 lawyer answers

    As long as you have a written agreement (email will suffice if you receive an affirmative response) regarding your trip, your travel should not impact custody. Assuming you’ve had primary custody since the divorce 10 years ago (or even just for a few years), that status quo would overcome any argument by your wife that a temporary absence/vacation constituted a valid basis for modifying the order.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. Medical coverage for separated spouse

    Answered over 4 years ago.

    1. Gina Nicole Policastri
    2. Diana Lucia Martinez
    2 lawyer answers

    As my colleague indicates, upon the filing and service of the Petition for Legal Separation (or Dissolution for that matter), certain Automatic Temporary Restraining Orders (ATROs) come into effect. One of these ATROs states that there shall be no changes to either party's medical coverage pending the litigation unless there is an agreement between the parties. Should you mutually agree to remove each other from coverage, then you should put that into a stipulation and order, which you each...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I have a court date already set to modify existing child support. What happens if the other (parents) do not show up?

    Answered 2 months ago.

    1. John Noah Kitta
    2. Gina Nicole Policastri
    3. David Alexander Yomtov
    3 lawyer answers

    If the other parent was properly served with the motion to modify child support, the court can make orders for child support based on the evidence submitted in your motion and any live testimony you provide. If there is any question as to whether the other party was in fact served, the court may continue the matter to give you an opportunity to attempt service.

    1 lawyer agreed with this answer

  4. My ex-husband has repeatedly violated the court-ordered visitation agreement and refused mediation, what next?

    Answered over 4 years ago.

    1. Gina Nicole Policastri
    1 lawyer answer

    If the order is specific, you can enforce it by calling the police. However, it sounds like you still need to file a motion to modify visitation as you want to "change the custody situation" (which sounds like you want more time). In order to modify visitation, you need to show there has been a change of circumstances. Here, you might argue that the current order is not working and that you need a new schedule to ensure consisent visits. Assuming that you can show a change of circumstances (...

    2 people marked this answer as helpful

  5. For the purposes of divorce, how does CA law assess the duration of the relationship?

    Answered almost 5 years ago.

    1. Gina Nicole Policastri
    2. Sondra Ellyn Bennaeim
    3. Melissa Cari Marsh
    4. Norman Gregory Fernandez
    4 lawyer answers

    The length of marriage is defined as the time between the date of marriage and the date of separation. Ten years is significant because it is considered a "long term marriage" in California and therefore typically the duration of support is longer. In a short term marriage, the duration of support is generally 1/2 the term of the marriage, so 3.5 years on a 7 year marriage. Disclaimer. This information is not, nor is it intended to be, legal advice and does not create an attorney-client...

    1 person marked this answer as helpful

  6. My ex wife is self employed and i dont think she is making what she says she is how do i get the right amount ?

    Answered almost 5 years ago.

    1. Gina Nicole Policastri
    1 lawyer answer

    Proving the income of a self-employed spouse is very difficult as income can be easily manipulated. At the same time, spouses owe each other "fiduciary duties" when it comes to providing access to financial or other information that would be helpful in determining support issues. In order to prove that she is earning extra income, you can start by requesting her tax returns, bank statements, client list and any other information she might keep related to her day care. Your can use this...

    1 person marked this answer as helpful

  7. I never got married.....lived with the guy for 6 years... 2 kids... do i need a divorce or what

    Answered almost 5 years ago.

    1. Sheryl Susan Graf
    2. Gina Nicole Policastri
    3. Diana Lucia Martinez
    4. Norman Gregory Fernandez
    4 lawyer answers

    A divorce action is filed only when the parties were legally married. However, since you have children together, you will need to reach an agreement on custody (paternity action) and and child support, which can be done through your local child support agency. As far as assets and spousal support are concerned, because you were not married, anything accumulated during the relationship would be the property of the party who purchased it and there would be no right to spousal support. However,...

    1 person marked this answer as helpful

  8. How to amend a filed petition for dissolution of marriage?

    Answered over 4 years ago.

    1. Gina Nicole Policastri
    1 lawyer answer

    If the other party has not responded to the petition, you can file an amended petition without leave of court (i.e., without getting permission). If the other party has responded to the petition, you will need to either get a stipulation from the other party OR file a motion seeking to amend your petition. If you already paid the first appearance fee of $355, there should not be an additional fee. Disclaimer: You should consult an attorney for advice regarding your specific situation,...

  9. Does ca law allow for legal seperation of financial assets without getting divorced..

    Answered almost 5 years ago.

    1. Okorie Okorocha
    2. Gina Nicole Policastri
    2 lawyer answers

    Yes, you can obtain a judgment of legal separation to include division of all assets and debts. You would not be able to remarry unless and until you obtained a judgment of dissolution. However, you would still be considered a "spouse" and therefore would continue to qualify for health insurance benefits on your spouse's insurance plan and be entitled to other benefits. You should consult a family law attorney to help you reach your exact goals. Disclaimer: This information is not, nor...

  10. Is it against california law to not allow my childs other parent to see him if there is not a court order in place?

    Answered almost 5 years ago.

    1. Jonathan H Levy
    2. Gina Nicole Policastri
    2 lawyer answers

    With no order, you technically each have 100% custody of your child. However, this does not mean the other parent has no rights and if and when the other parent files for custody rights, the court will not look favorably on you and could impose very strict restrictions on your right to visitation to ensure you do not abscond with the child again. Also, there could be criminal liability for your actions. You should consult with a family law attorney immediately. Disclaimer: This...

408-553-0801