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Mark Brian Baer
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Mark Baer’s Answers

539 total


  • What if the i have primary custody and i need to move out of state?

    I have primary custody of my 4 yr. old, work has been real bad over here in california and there might be a job over in another state. My question is what will happen with the visitation order that is currently in place. Like he just started get...

    Mark’s Answer

    The court cannot prevent you from moving to a different state. However, the court can determine whether it would be in the best interest of the child to move with you or if the custody should be given to the other parent.

    If you move away, it will certainly impact your ex's visitation schedule. The only way for your ex to have visitation once you move out of state is for your ex to receive blocks of time over school breaks and summer (once school starts) and other times before school starts. I am not sure how much you will like that because your ex only just began receiving overnights every other weekend. There is a big difference between overnight visitation every other weekend and extended blocks of time because regular and frequent visitation is no longer feasible.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • How old does my daughter have to be to tell judge she wants to live with me?

    my daughter wants to live with me instead of her non blood grandparents

    Mark’s Answer

    he court is required to "consider" and give "due weight" to the preferences of a child of "sufficient age and capacity to form an intelligent preference as to custody." [Ca Fam § 3042]

    Whether the minor is of "sufficient age and capacity" (so as to satisfy the threshold prerequisite to consideration of the child's wishes) varies with each child. The requisite maturity is not measured by any particular chronological age. Generally, courts become more receptive as the child approaches teenage years, but some courts will listen to children as young as seven or eight.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Child Support and Airfare

    My ex-wife has custody of our two sons and lives in Hawaii, me in California. I pay her child support every month and have never been late. My two boys come to California twice a year which I pay for their flights. During the summer they live w...

    Mark’s Answer

    It sounds to me as though you never modified your child support orders after your ex wife moved to Hawaii.

    Child support is based upon your gross income, her gross income and the percentage time you each have the children. Therefore, the amount of child support you pay to her should be based upon your current custody arrangement and should be paid to her every month (even while the children are with you).

    The cost of transportation is generally shared equally by both parents. However, since your ex relocated to Hawaii, it could be argued that she pay the cost of transportation.

    I have more substantial concerns than the financial concerns raised by you in your question. Studies of children involved in move-away situations (who are now adults) show the impact of the move-away on their relationship with both parents. The relationship with the parent left behind becomes more superficial over time because that parent does not know the children's new friends, teachers, coaches, etc. In order to prevent this from occurring, it is recommended that you travel to Hawaii for visitation for several extended weekends over the course of a year and meet with such people. You can request that part of that cost be deducted from the child support that you pay to your ex-wife (as a travel fund).

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Assume debt on fathers loans after passing

    I am the exec of the estate of my father in law. All asset properties were put into a trust before his death. He had two outstanding loans against some of the property in the sum of 150 thou. There is enough income from the properties to pay th...

    Mark’s Answer

    The borrower was your father, not his trust. It was your father who had the credit to obtain the loan and not his trust. Your father is now deceased. Therefore, the debt needs to be assumed or repaid. The bank can call the loan, if it wanted.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Can i get in trouble?

    I'm 17 and my boyfriend is 15. His birthday is late March and i turn 18 early June. His mother says once I'm 18, she'll turn me in. If we dont have any type of sexual contact, would I still be in trouble with the law? i live in california. Thank y...

    Mark’s Answer

    I would suggest that you view the following link on Statutory Rape:

    http://www.sexlaws.org/california_statutory_rape#Q3

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Should i give my daughters father the benefit of the doubt instead of going through the courts? I am considering mediation.

    He feels that child support is when one neglects their child. He doesnt want to give me money but only buy the necessities for our daughter to make sure that nothing goes towards me. I am considering doing mediation with him (since he and I cant c...

    Mark’s Answer

    I am not sure that I would advise mediation in your case, at least if you are unrepresented by an attorney during that mediation. I will refer you to several articles I have written on mediation.

    http://www.markbaeresq.com/CM/Articles/Mediation.pdf

    http://www.markbaeresq.com/CM/Articles/Mediation%20Selection%20Process%20and%20Cost.pdf

    http://www.markbaeresq.com/CM/Articles/Mediation%20Process%20Based%20on%20Mediation%20Style.pdf

    In any event, child support is based upon Guideline and is for more than paying necessities for your daughter. Furthermore, without an order for a specific amount of child support, the Department of Child Support Services cannot deal with collection aspects if he fails to comply.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Am I at fault?

    I had joint custody of my child and my ex new of us moving out of state. he has been apart of my daughters life, paying child support, talk to eachother almost every weekend whenever he has the time to. long story short. He is now threatening me ...

    Mark’s Answer

    Yes, you are at fault.

    If you had custody orders in place, you violated court orders by moving away without court permission. If you had sought such an order, it may have been denied and custody changed to your ex. Otherwise, it would have been granted and the visitation would have been modified to deal with the distance factor.

    You are now in contempt of court (by violating the court order) and have negatively impacted your ex's custody and visitation rights and his financial obligations in order to exercise his visitation. Your conduct will also negatively impact the child's relationship with both of you (based upon studies).

    There will certainly be consequences for your conduct, but that will depend on what your ex requests and the particular judicial officer assigned to the case.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • It was stated in my divorce decree that I was to take over my husbands vhichle payments but the loan agency didn't allow it..

    It was stated in my divorce decree that I was to take over my husbands car payments but the loan agency didn't allow it and so I was unable to lower the payments to an affordable price. I then told my Ex about it and HE decided to have the car rep...

    Mark’s Answer

    He would have to file the action in the family law court and in your divorce case. If you can establish that he wrongfully turned the vehicle back for repossession, he would not prevail. It depends on the specific facts of the case. For example, if you were not making the payments and the lender was coming after him for those payments, he may have had basis for his actions. However, he should have brought the issue to the attention of the court and obtain an order allowing him to turn the car in and hold you responsible for the remaining loan balance, if any.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Can this be held against me?

    I am a nurse. If someone filed a restraing order against me, can this be held against me with the nursing board?/ And if I had to file an order, and the other party did id as retaliation, could the nursing board hold this against me??

    Mark’s Answer

    I do not believe that such a thing will be held against you by the nursing board. It is not a conviction because it is a civil and not a criminal restraining order. I will refer you to the following site:

    http://www.rn.ca.gov/applicants/lic-faqs.shtml#disc1

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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  • Does my 13 yr old have rights on chosing who does she watnt to live with

    my ex husband is constantly, verbally physically, & mentally abusing our 2 girls 17 & 13, my 17 yr old is now with me she doesn't want 2 go back, & my ex already told her she's not welcome back, but now i have my 13 yr old who wants to come back t...

    Mark’s Answer

    The court is required to "consider" and give "due weight" to the preferences of a child of "sufficient age and capacity to form an intelligent preference as to custody." [Ca Fam § 3042]

    Whether the minor is of "sufficient age and capacity" (so as to satisfy the threshold prerequisite to consideration of the child's wishes) varies with each child. The requisite maturity is not measured by any particular chronological age. Generally, courts become more receptive as the child approaches teenage years, but some courts will listen to children as young as seven or eight.

    I would suggest that you and your ex try and work out an arrangement that you can both live with and which would be in the best interest of your children. You can attempt to reach such an arrangement in mediation or through a facilitator. If you are unable to resolve the matter amicably, you can always commence a legal action. I might suggest that before you go that direction, you consider agreeing to have a Special Master appointed to handle custody and visitation issues. That person (a custody evaluator from a court panel) will attempt to help you mediate the matter. However, if you cannot reach an agreement he/she has the authority (by stipulated order filed with the court) to make the decision on the particular issue. If you must commence a "custody battle", be prepared for a process that is costly (emotionally and financially) and it may or may not turn out as you wish.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    See question