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John Vincent Montero

John Montero’s Answers

78 total


  • Can I sign a declaration of paternity to prevent bio dad from trying to claim, now two years later, that he is the dad?

    I have a little girl who is now two years old. Her biological father has never been interested in being in her life. My boyfriend, however, has been there since before my daughter's birth. He has acted as her father since she was born, and has rai...

    John’s Answer

    The short answer is no. The Bio Dad has filed a Paternity Action and the Court will grant his request for a DNA test. If the test confirms that he is the Father, the Court will than enter a Judgment of Paternity. This will have tow effect: Child Custody/Visitation and Child Support. The paternity declaration signed by your boyfriend has no effect.
    The real issue in your case is now that he has reappeared, what should his visitation, if any, be with the child? It appears that he has no relationship with the child. He will have to convince the Court that it would be appropriate to begin a very gradual schedule of visitation with the child. He will have to explain to the Court why he has waited this long.
    The next factor is Child Support. The Court will order him to pay you support for your child. This issue is completely independent from the Custody issue. He will ordered to pay your support pursuant to the Statewide Guideline.

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  • What state do I file for child support?

    I'm from CA,my custody case was started in CA, I moved from CA to OK.I have custody of my daughter. There has never been a child support order for either parent. I have lived in OK for over 6 mths now. So, do I file for support in OK or in CA? Als...

    John’s Answer

    The quickest and easiest plan would be to file a Motion for Child Support in California. You already have a case started here so it would be a simple matter to just file a request using the existing case. Eventually, you may want to have the case transferred to Oklahoma. However, you cannot file a new case in another state as long as the California case is still active. The California Judge will have to approve the transfer of the case to another state. This should not be a major issue if you intend to permanently remain in Oklahoma and have been there for over six months.

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  • As the custodial parent, can I move myself and my four children to Southern California for a new job?

    I live in Northern California, have primary physical custody and have the kids 90% of the time, and joint legal custody. Their dad gets them two weekends a month, pr mediation guidelines. He has a stay away order, because he is abusive. He just i...

    John’s Answer

    As the parent with more than 50% parenting time, it is presumed under the law that you have the right to move to Southern California with the children. This can be a rather technical legal matter, but the short answer is that the burden is on the other parent to prove to the Court that your planned move will be harmful to the children. The most important matter is arranging what the visitation for Father will be should you move to Southern California.
    These "move away" cases can be very complicated and stressful for both parents. However, if you are the primary custody parent, the other parent will have the burden of convincing the Court to change custody to him if you do move.
    I hope this was helpful.

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  • Seeking experienced qualified family attorney that has passion for their trade and compassion for their clients.

    My daughter is looking for a new attorney for her child custody case, she is in private mediation right now that we arranged for after we had the old custody order ex parts done, the attorney we retained has been missing on medical leave for ...

    John’s Answer

    This is a very serious matter. The first thing is to make sure that your daughter carefully explains the situation to the Private Mediator. The Mediator should be given the full background on the Father, including details about any criminal convictions that he may have. This is all public record and it should not be difficult to obtain. Were there any charges filed regarding the sexual abuse of your grandson?
    Getting a favorable report from the private mediator will be very effective when the time comes to present the case to the Judge. The Mediator can also be subpoenaed to testify at any trial on the Custody issues.
    I hope this was helpful.

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  • What can be done legally about parental alienation syndrome and a mentally abusive ex-wife as it relates to the children?

    My 11 year old son is incredible smart. He came to me recently in tears saying that his mother has been saying bad things about me, including that I didn't want to be with him, telling him lies about me, telling him that I'm constantly dragging h...

    John’s Answer

    this can be an extremely serious issue. The Court will not be happy if it finds out that one of the parents is openly disparaging the other parent to a child. The first thing to do is make sure that your child has a good counselor to talk to about his parent's divorce. No kid should have to suffer like this.
    You may consider filling a motion to have a Child Custody Recommending Counselor interview your son and make a report to the Judge about what would be in his best interest.
    The Courts are taking these kinds of matters very carefully now. Children should never be put in the middle of their parents' issues.

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  • Can I give my husband a 30 day notice to leave my apartment? His name is not on the lease.

    My husband and I got married 7 months ago and he lives with me in the apartment that I have had for 3 years and his name is not on the lease. I plan to file for a legal separation and he is refusing to leave and says since I am leaving him he wi...

    John’s Answer

    If there is any domestic violence, you should immediately seek a restraining order. This will require him to immediately stay away from the apartment.
    Your second option is to request that the Court grant you exclusive possession of the rental.

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  • What right does my 16 almost 17 year old daughter have if she does not want to see her father?

    There is and never has been a child custody order, because I have been on and off welfare to help raise my children. the state has try to get reimbursement. She has only gone to see him 3 times in the last year and he has not filed for any visitat...

    John’s Answer

    Custody and Visitation issues with older teenagers are often very difficult. In this case, it appears very clear. If there are no Custody Orders in place than the Father cannot legally force the child to visit him if she does not want to. The Father would have to start a Uniform Parentage Act case and ask the Court to make a Visitation order. However, under California Law, your daughter is old enough to express her opinions about a visitation schedule to the Child Custody Mediator. She is even old enough to come to Court and testify as to what she wants the custody schedule to be.
    Keep in mind that the Judge is always the final decider in this matter.

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  • Is it possible to be emancipated at 17 without my parent's consent?

    I am currently 16 living in a very uncomfortable environment . I live with just my sister and mother but it's a hell hole for me. I want to focus on my education more but I can't because i have my mother breathing down my neck about unnecessary th...

    John’s Answer

    Legally, you would need to have a Judge's order to be emancipated as a minor. You will be 18 in less than a year, so you may not want to begin the process.
    I am more concerned about the fact that you say that you are desperate and feeling depressed. This can be very serious. Please seek out immediate help from an adult you trust, such as your doctor or a school counselor. Explain your situation to them. I want you to know that there are plenty of resources for you to obtain help, all you have to do is ask.

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  • If I pay custodial parent with a money order and have her sign the receipt can I take it to DCSS as proof of payment?

    My ex called me this morning freaking out. She said there was an outstanding medical bill for our daughter last year that somehow never got paid. I had paid the whole expense to her in a money order and have the receipt which she signed. I never r...

    John’s Answer

    The safest thing to do is to just take the $100 directly to the DCSS office on Tuesday morning when they open and make the payment. That way you are sure to get credit for it. No lawsuit will be filed that fast.
    If you pay her directly, make sure you have a receipt and ask her to report the payment to DCSS directly herself.

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  • Do I file a paternity action?

    My ex and I were never married and we have a 6 year old. When our child was born I signed a voluntary declaration of paternity and am on the birth certificate. I would now like to file in court to get custody and visitation orders. Do I need to...

    John’s Answer

    This is a good question. You will need to file a Uniform Parentage Act case. In addition, you should file a Request For Orders to obtain a court date where the Court can make specific orders for Custody and Visitation.

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