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David J Glass

David Glass’s Answers

112 total


  • What can I do now?

    My ex and I have 50/50 custody of our children, she has during the school year I have them most all holidays and every summer however the last two years my oldest has expressed he wants to live with me and his stepmom, he is very intelligent and m...

    David’s Answer

    Much will depend on the age of your oldest child. If he or she is over age 14, then the Court is obligated to consider his/her preference for a custody schedule (unless the Court decides it is not in his/her best interest to be heard, which is rare). If your child is 14 or older, you might have him/her write a letter to you and to your ex- explaining what he wants, and why he wants it. Maybe that will spark a conversation between you and your ex-. And if not, then you can use that letter in your RFO to modify custody. Realize that if you other children aren't interested in switching the custody schedule, it would be harder for the Court to separate just the oldest.

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  • My ex is planning on moving the kids and their school (far away)without my consent. How and what is the procedure to stop this?

    My ex just told me she is moving to Santa Monica. It would mean moving the kids school and a huge drive for me. Currently we are in the West San Fernando Valley. I have a decree in our divorce papers that says I have to agree to the schools. But t...

    David’s Answer

    You need to file something (an RFO) immediately asking for the Court to prohibit her move, to prohibit the change of schools, absent further investigation (by parenting plan assessment) and a specific Court Order. If you don't get a court date in advance of the start of school in the fall, you will need to file ex parte (emergency basis) stating that the deadline for changing schools is in advance of the hearing date.

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  • Child support is asking that respondent pay the petitioners attorney fees. Does he have to pay? He cant afford his own attorney.

    Petitioner has taken respondent to court many times causing him to miss work. Whether it be for custody or child support. They have two separate cases because thats how petitioner filed. Respondent has asked for a modification. Petitioner got an a...

    David’s Answer

    To award attorney's fees be paid by one party to the other, generally the court needs to find that one parent has significantly more income than the other, or significantly more savings than the other, or even significantly more access to loans/credit than the other. If you and your ex- have similar incomes, savings and access to credit, then you need to point that out to the Court in order to oppose the request.

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  • How can I transition from unsupervised visitation to joint custody

    I currently have unsupervised visitation of my 3 children since 2014. I was diagnosed with depression in 2013, I have continued my recovery and treatment up until now. I live with my children's father so I can be with my kids daily. I don't want t...

    David’s Answer

    Unfortunately, you have not given us enough facts to be able to help much. Each decision that the Court makes in terms of the amount of custodial time a parent is awarded is based on the best interests of the children. That "rubric" has a lot to do with the stability of the parent, the relationship the parent already has with the children, and the parent's ability to care for the children on his/her own. It is unclear what kind of "visitation" you have now. Is there an Order? Are there specific times? Give us some more facts, and we can hopefully help you a little bit more.

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  • Do I need to obtain my ex spouse permission to move to another state with our kids?

    My fiancé and I want to move to Kansas for my job. She has full physical custody of the kids and joint custody for the rest. Father may be dying soon from cancer. Not looking good. Currently he is mentally fine, but does not want to discuss. We u...

    David’s Answer

    If you cannot get the father's permission, you will have to file a Request for Orders to seek the relocation plan. In that RFO, you would need to explain to the Court why you want to move, why it would be better for you, and your children, in the new location, and what the alternative visitation schedule would be for the father....among a list of about a dozen factors taken from the LaMusga case. Important will be what arrangements are you going to make for the children to return to CA to visit with their father. There are too many factors to be able to predict "success" for you, but it is definitely worth pursuing.

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  • What can I do to have that agreement placed into the court document that was issued?

    I made an agreement between me and my wife in front of a family judge about the custody of our kids and the judge ruled but the court papers did not mention that agreement and now my wife is refusing to follow through with this agreement. what can...

    David’s Answer

    It sounds like you will need to contact the Court Reporter who was in Court on that day that the agreement was recited in front of the Judge. If, after presentation with the transcript, your wife still won't follow the terms of the Agreement, then you need to file to have the Agreement made into an Order.

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  • Does the signed and notarized separation agreement completed prior to filing for divorce make it a default with agreement?

    I filed for divorce over 30 days ago and my wife did not respond to the summons. We have a signed and notarized separation agreement explaining division of property and spousal support that we completed before I moved out of our home. We do not ow...

    David’s Answer

    If your soon-to-be-ex-wife refuses to file her Response to your Petition for Dissolution, you can seek a Default on the dissolution, and because you already have the Separation Agreement, the Court can make those decisions official, as well.

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  • Can they legally not marry us after charging us so much?

    I got married and I guess we didn't sign the license. They said they were over night mailing it on monday. And we still haven't received it. I called and they were rude and threatened us with not legally marrying us.

    David’s Answer

    Without a valid marriage license, in hand, for the officiant to sign, you don't have a valid California marriage. So, you can have your "wedding" but you won't officially be married.

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  • What to do, can I take my son out of state? Filing for Child Support.

    I am currently living with my son's father's father. I am unsure of what to do. My son's father no longer resides with us he resides with his new wife, that he married when I was 9 months pregnant. He does not contribute to my son's financial ne...

    David’s Answer

    With regard to your relocation question: if the father is uninvolved in the child's life, and you have an opportunity to move in with your family, you should look into it. If you have not filed any actions in California, then there are no Automatic Temporary Restraining Orders in place that prevent you from traveling out of state with your son. But, the child's father could seek a California order requiring you to return. Perhaps your moving out of state could be a bargaining point for a reduced child support award. Things to consider when you talk to an attorney.

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  • Will I be made to pay more child support? What are my options?

    I have a visitation/child sup court order since 2009 I'm the petioner. My son lives w/mom in SanDiego he's 14yrs old. We have split custody, but I have less time because of the distance. Well my problem is that it's been 10 months I don't see my ...

    David’s Answer

    With regard to your question re: relocation: it might make sense for you to negotiate a relocation agreement with the help of a mediator. Parents who relocate don't get the week-to-week contact with their children that they used to have, but they instead get blocks of time over vacations (winter break, spring break, summer break) and major holidays. Such a schedule might actually suit your son's schedule better and leave you with spending more actual time with him than you do now.

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