Can I request that no romantic companions may sleep over at my ex's house while he has our infant daughter in his care?
I just had a case where the mom started dating a man that had recently been released from 6 years prison for "Cruelty to a Minor / Intentional Torture." And she was allowed the man to live with her and her 5 year old son and care for the boy while she worked. I represented the boy's father who was understandably upset by that boyfriend being with his son. We bought a hearing and the judge ordered no contact between the felon and the boy. BUT, that was an extreme case. Unless you can show a similar violent or nasty criminal history, or drug use, by your ex's girlfriend(s), then a judge won't prohibit sleep overs. He is an adult and entitled to a dating life. Even if they walked around naked, I understand your daughter is an infant, so that is unlikely to have an effect on your daughter. Also, I must warn you that if you bring a hearing requesting such order - without evidence the girlfriend(s) is violent / druggie, etc. - a judge might feel you are a helicopter mom requiring too much control of your child - and that could affect a judge's ruling in future requests to modify the current custody / parenting plan. You may not like hearing this but if I do not tell you these things then I am not helping you.
Thomas Neil, Sacramento family lawyerSee question
My hearing for custody modification was continued because my ex retained an attorney at the last minute. The judge gave a verbal order regarding my child's residence, and my ex's attorney stated in court that my ex is willing to do such. This is ...
Orders are effective the moment they are uttered by the judge, regardless if they are yet in writing. But, police officers might not enforce it until you have a written order to show them. If the other side doesn't sign the order in a reasonable time - say 15 days after receiving it - then your attorney can submit the order to the judge along with his cover letter to the other side asking them to sign it that he wrote when he sent it to the opposing attorney, and a judge will then sign it without the other side's signature. Note; any letter to the judge must be also sent to the other attorney along with a Proof of Service (and the Proof of Service should be attached to your letter to the judge.)
Ex parte orders are only for true emergencies - literally a kid about to have his head ripped off type emergency, not just failure to follow a parenting plan order which you should bring up in a regular hearing.
If your attorney is not responding to your questions then maybe its time for a new attorney.
Thomas Neil, Sacramento Family Lawyer.See question
Currently there is no court date yet. I am struggling financially to support my children as their father has not attempted to help support them. I do not qualify for any assistance from the state. I don't know if the fact that there is an activ...
Don't bother doing an ex-parte order: (1) It wont work and the judge will just set it for a regular hearing, and (2) it costs more money.
However, if you want to speed things up, (1) open a support case with the Sacramento Dept. of Child Support Services (DCSS) and (2) hire an attorney just to write all the papers (probably around $700) you will need to get into court, and to help you to serve them - but not to appear in court with you. The reason you hire the attorney is because DCCS has too many cases and can't work fast and it could be MANY months before they can arrange a hearing for you. But, if you have an open case with DCSS and set a hearing now, then DCSS gets dragged along and appears with you in court - fast. You won't need an attorney in court because DCSS will appear with you and help you in court.
Thomas Neil, Sacramento attorneySee question
My husband lost his job and the court stipulated that both parties must have insurance for them when available. Their bio mom has good ins, but is stating I need to cover them as well. We live in the state of CA. also she will not provide us with ...
Normally, courts order both parents to maintain health insurance, particularly If it's available to them through employment. The reason for this is that if both parties have insurance then, what is not covered by one parent's insurance (for example if there is a coverage limit) the other parent's insurance should cover.
Step parents are not required to cover their step children BUT the court could order your husband to use his share of community income or community assets to pay for the insurance if he has no other separate property assets or income to pay for the insurance.
Thomas Neil, Sacramento Family LawyerSee question
My husband and I were going thru a divorce, temp custody was ordered 4 days a week kids with me, 3 with him. Several months into it we decided we would try to work things out. We were set to have a trial regarding custody but we never went back to...
Temporary custody orders - unless they expressly say they terminate on some date - remain in force until a new court order is made that changes the original order. You should call the police, show them the current custody order, and ask them to help you get your child back when it is your time. Get your child back with police help NOW because the longer the child remains with him, the more it becomes the "status quo" that the child is primarily with him despite the current court order, which can have a negative effect on your case if you litigate custody. Even just a few weeks or a month with the other parent alone can affect your chances in court. After you get your child back then YOU comply with the current orders and provide your child to dad during this time, which shows the mediator and judge that you are a parent willing to share your child which is a positive factor for you in custody litigation. Finally, demand that all future communications with father be just about the child (not who did who wrong) AND that all communications be in writing, other than emergencies: This will likely be helpful if there is future custody litigation
Since there is a custody order in place, the court will have kept your divorce case open and you can continue where you left off EXCEPT (as the smart attorney above pointed out) that your question says that you "recently broke up again": If so, then you should file an Amended Petition for Dissolution.
Thomas Neil, Sacramento and surrounding counties Family LawyerSee question
Me and my wife had a previous cps case open and did the family maintenance program and case was closed. Someone called cps on us again and falsified statements. Since we had a previous case cps is trying to do family maintenance because my wife wa...
You are in trouble. You were in juvenile dependancy court once already on an alcohol case. Now your wife has been found drinking again. I am sure the judge previously said no drinking when the child is in your care and did NOT say UNLESS a doctor allows it. Common sense says you don't stop drinking by drinking. So yes, you now need a juvenile dependency attorney because it will be harder to convince a judge to close your case this time. Don't fool yourself: Juvenile dependency court does not give many chances before they terminate your parental rights.
Thomas Neil, Sacramento Family Lawyer.See question
This would be in addition to filing and serving a Request for Order and the initial Responsive Declaration.
Regardless what the laws say, the judges tend to allow in what they want to allow regardless when it was served. BUT, in my experience you should strive to get documents/exhibits served on the other side at least 5 days before the hearing and better if you serve it even earlier. DON'T try to do an ambush by sending it at the last second to make it hard for the other side to respond; if you are going to win, do it by fighting fair and not paying games. It makes the person who plays such games look bad and encourages similar games by the other side. And DONT send it on the Friday before a 3 day weekend for the same reason; its better to play a fair game. Yes, there are attorneys who play such games and its usually because they are poor attorneys who are dumb and can't win without cheating and those attorneys have bad reputations. If you must late serve then, in addition to mailing, also email it the same day to the other side (mail and email it to the other side's attorney if he/she has an attorney) as a courtesy, and make a note that you did so on your Proof of Service and to what email address you sent it to.
Regarding late filing documents / exhibits at court: remember that it takes at least a day or more for your papers to reach the judge's desk, and judges are like everyone else - they don't always read things immediately. And judges generally WON'T stop in the middle of court to read papers that you bring into court the day of the hearing. SO, try to get your supplemental pleading filed at least 3 days before the hearing. Finally, there is no Judicial Form for filing additional documents / exhibits: I normally take a piece of pleading paper (the paper with margins on both the right and left edges and with line numbers down the left side) and I make a caption at the top like a judicial form, and on the top right, below where I write the case number, I write all in caps, "SUPPLEMENTAL PLEEADINGS AND EXHIBITS OF [RESPONDENT or PETITIONER depending what you are). In the body of the page, underneath the caption, I list the exhibits with a number (Exhibit 1, Exhibit 2, etc.) and a one sentence explanation of what the exhibit is (e.g, "Letter dated 4/1/15 from Tom N to Johnny C".) This pleading paper then becomes your cover page to the court and opposing for your new exhibits and you attach your exhibits behind that cover page. Most courts require such a cover page. You might want to hire an attorney too write the cover page for you since we know the format.
Tom Neil, Sacramento Family Law Attorney.See question
He went to court to get a restraining order against me. The court ruled in my favor and denied him the order. Actually he was the violent party. I would like to get a restraining order against him based on the same incident. Can I now file for res...
Yes. You may request a restraining order.
But the burden falls on you to prove your case. If it is only your word (he did DV) against his word (I did not do DV) then you WIILL lose. So, you must find witnesses or other evidence to support your case. Another factor, not necessarily dispositive but a judge will consider it, is whether you called the police at the time of the DV. Seek an experienced family law attorney to at least help you write your papers and possibly suggest ways of proving your case.
During the 2014-15 school year, our kids were enrolled in private school. Soon, we had an earthquake and the (only) teacher at the school told me the kids couldn't go outside due to asbestos from a fallen chimney. Then they couldn't play outside b...
You need to set a "Request for Order hearing" to (duh) request orders. If you only ask the child be removed from the school, it might go straight to a judge, and you might not be sent to a custody mediator. That would be be bad because judges do not do investigations. Instead, I would also ask for more time with the child, which will require the judge to send you to mediation. A mediator might well contact the school and check out whether or not the school is legally legit, and the mediator might pass that info on to you or to the judge. How to fill out, file, and serve a "Request for Order" hearing papers is beyond the scope of a short answer here. Contact an experienced family law attorney.
Sacramento Family Lawyer
They say they will side with the child's father in court. They currently have 90 / 10 custody. The father has 2 dui's, no job, and lives with his family. I have a hearing for a domestic case soon but again, I have nothing on my record besides some...
A child's best interest - the child's safety - is the standard the court will use in deciding the matter. You have an upcoming domestic violence case. A mediator and a judge will consider that in deciding if the child is safe with mom. A judger or a mediator will worry that if you had DV with one woman then you might have DV with this girlfriend and that worry the child could get caught up such violence and be harmed, because that does happen. I suggest that, until your DV case is dismissed, that you and your girlfriend stay apart, for your girlfriend's sake, so she does not possibly lose custody.See question