Skip to main content
John F Cannon

John Cannon’s Answers

140 total


  • Can my father visit Mexico without having to ask permission of the mother of my sister? Can she get his 401k?

    My father wants to has FULL custody of my younger10 year old sister, he wants to know that if he wants to visit Mexico does he still need permission from my mother? He also would like to know that since their divorce is final and has been since F...

    John’s Answer

    This is a very complex question, with many different sub-issues and inter-related issues. To provide the best answers to your questions, it will be best to schedule a consultation with a family law attorney. The Judgment in your father's divorce is going to provide the key to answering most of the questions asked herein and provide him with guidance as to what he can and cannot do. As far as going to Mexico with your sister, it depends on the orders in the Judgment, and whether or not she has a passport! The 401k issue also depends on whether the Judgment addresses that asset. Schedule an appointment with an attorney to get more complete answers.

    See question 
  • Is it legal for a mother to have kids sleep on her boyfriends couches while she sleeps in his bed with his door closed.

    My step children are 11 (boy) and 13 (girl). Their mother takes them to her boyfriend's house often (which has been described by the kids as very messy and never clean and he never has food so they bring their own) and has them sleep on his couche...

    John’s Answer

    It is not "illegal" per se for the children to sleep on the couch at their mother's boyfriend's house, however, this arrangement may certainly NOT be in the best interests of the children. On its' face, this is a safety issue, that being in regards to whether or not the children are safe and "cared" for properly in this matter. If child protective services were to investigate this situation, they may agree that this is "passable", but not the best possible scenario. There are many other issues here that can be addressed by speaking with a family law attorney regarding the custody and visitation of these children, including, but not limited to the children's ages and preference, and orders regarding providing the children a bed to sleep in considering the circumstances here.

    See question 
  • What does this mean is it in affect and what if i didnt know about it

    Viewed Date Action Text Disposition 09/06/2016 9:00 AM DEPT. M4 HEARING RE: DOMESTIC VIOLENCE RESTRAINING ORDER - Minutes 08/12/2016 DEPARTMENT OF JUSTICE NOTICED OF ORDER VIA CLETS ENTRY Not Applicable 08/12/2016 RESTRAINING...

    John’s Answer

    A Temporary Domestic Violence Restraining Order was issued by the Court on August 12, 2016, in Department M4, A hearing on the issue of whether the Court will order the restraining order for a longer period of time, often referred to as a Restraining Order After Hearing, is scheduled for September 6, 2016, at 9:00 a.m. in the same department, M4. A Temporary Restraining Order can be issued by the Court without the presence of the party that the restraining order is against, on a temporary basis, without prior notification. The protected party, the party who requested the restraining order, must have the other party served within a certain amount of time prior to the hearing date. YOU NEED TO CONTACT AN ATTORNEY!

    See question 
  • Are past rulings in family court part of the foundation for on going hearings regarding child support?

    I divorced in 2008. An MSA was entered into a judgement in 2010, it was later argued and a ruling was on record defining bonus pay for the purpose of child support. A recent hearing just got ruled on and the judge said we lacked foundation for her...

    John’s Answer

    Your question is a little confusing without additional information, however, there is only a certain amount of time that allows you to challenge, or set aside a previous ruling or Court order, which is what the Judge may be referring to. And the Court always has the ability to modify child support as long as the Court still has jurisdiction over the issue. I would think that your attorney would be able to explain this better to you, having all of the facts and whether or not that could be changed.

    See question 
  • Can we get copies of the legal papers that say his name was changed?Where do we go to do that? or How do we go about doing that?

    My 28 yr old grandson legally changed his last name when he was 21-22 yrs old. He then went & applied &received his drivers license. He never changed it with social security. He has since lost his legal court documents with proof of the name chang...

    John’s Answer

    He can go to the Courthouse where he obtained the name change and obtain a copy of the Court's orders granting the name change. You should contact the Social Security office and find out if you need to have a Certified Copy of the Court's orders, that way you will only have to go to the Courthouse once!

    See question 
  • How soon for vehicle transfer to ex after divorce decree is received?

    I just received final decree on Monday (April 11) and was mailed on April 4th which awarded my ex a vehicle. I told ex I would complete transfer this Friday as that is soonest I can do it but he wants it today. He's now claiming he called courts...

    John’s Answer

    Unless the Judgment specifically designates a time in which it has to be done, the Court will likely use a "reasonable" amount of time as the standard to transfer the title. I would think that this Friday would be within that amount of time.

    See question 
  • How will my ex being on unemployment impact my child support request?

    My ex-husband is on unemployment. He has the ability to work, even at a fast food job or a Target store, but just refuses to do so. Prior to being on unemployment, he was on disability because he said he hurt his foot. Once it "healed", he went ...

    John’s Answer

    You will need to file a Request for Modification of child support. If the Judgment contains the order that he pay "as and for additional child support" one-half on uninsured medical expenses, then yes, he will owe those expenses to you. The court will use the unemployment he receives as his income. For the court to impute income to him (use his last job's wages) then you will have to show that he has the ability and the opportunity to earn that amount. It is a very difficult standard to prove. But you should get the ball rolling as soon as possible, so that when he does return to work, you can have the support reflect that amount. You may want to consult the Department of Child Support Services, they can assist with enforcing a support order for you, including the medical expenses.

    See question 
  • Can I find an attorney to take my case even though my finances are very limited?

    Case started in Nov 13.He is dragging this process to prevent me from getting money. Judge requested FL-150 several times and he did not submit.He lied about having a job.In Oct I had to hire a P.I. to confirm he was working.At last court hearing ...

    John’s Answer

    I think you have a number of different options. First, you can contact your local bar association and find an attorney who can meet your needs regarding your financial situation. You can also contact you local chapter of the Legal Aid Society. You case sounds like it may be one in which you would be able to hire an attorney who will present a Request for Order to the Court for him to pay your attorney fees. Under the California Family Code, the Court must award attorney fees if there is a finding that the paying party has the ability to pay, and the requesting party has the need. In your case, there is a significant disparity in income, and the Court may award you fees. Additionally, under Family Code section 271, the Court can award attorney fees based on "bad" behavior as a sanction. Contact some attorneys, I'm sure you will find one to assist you!

    See question 
  • Support calculation for determining percentage of parenting time?

    how do you determine time percentages? is it by day or hrs? where im most puzzled is when the school age starts and day care.. 1) is time in school considered parenting/custodial hrs? 2) day care, as is usually the case is court ordered th...

    John’s Answer

    The percentage of time is usually calculated by the overnights that each parent has with the child. The Court do not usually determine the percentage of time by counting the actual hours, however, this does happen in some courts.
    In school time: The parent who is responsible for the child during this time is the parent that gets the percentage of time during this period. If Dad has the child until return to school, then his parenting time stops when he drops the child off at school. If Dad is picking up the child at the end of that same school day, then he is responsible for that time too.
    Day Care: Same as above applies. If you are responsible for the child during the time of daycare, then you would be attributed to that percentage of time.

    The best way to figure this out is to contact a family law attorney and discuss the percentage of time based on your parenting schedule.

    See question 
  • If I plan to move out of the country do I need a court order or can I move without one?

    Hi, If I plan to move out of the country do I need a court order or can I move without one? I currently have sole physical and sole legal custody, a 3 year restraining order on other parent, other parent has no visitations, has not started...

    John’s Answer

    Unfortunately, the quick answer to your question is, it depends. I think that you will need a order to allow you to move out of the country. The language of the current orders will have an impact on the decision. There is a Family Code statute that provides that if either parent is going to relocate with the minor child, there has to be notice given to the other parent. So, this is not an easy answer, and it is certainly one you should discuss with a Family Law attorney. Please contact a competent Family Law attorney to discuss in more detail before you take any other action on this.

    See question