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Deloise Elizabeth Tritt
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Deloise Tritt’s Answers

19 total


  • If I have sole legal and physical custody of my daughter can I move out of state with her

    if I have sole legal and physical custody of my daughter can I move out of state with her?

    Deloise’s Answer

    You will need to read your order carefully. Does your order say you must give notice of intent to move, or get permission of the court? do it have a restraint against relocating the residence of the child? Your best bet is always to take the high road and give notice of your intent to move at least 60-90 day sin advance of the move and file a motion seeking permission of the court to move - this lets the court know you are making fdit and proper parenting decisions.

    If your ex will consent to your move you can also have an attorney draft a Stipulation and Order to allow you to move and then submit it to the court for the judge to sign and it becomes the "new" order. If you do it this way, you will need to carefully draft the visitation and exchange provisions so there bare no "loopholes" to cause problems later. Nolo press offers self help legal books that can help you do this if you choose not to get a lawyer. Of course, your interestsd are always best protected by seeking legal advice.

    Good luck,

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  • I have a daughter with my ex husband and I am pregnant with my fiance's baby. he lives out of state & we want me to move.

    I have 80% custody of my daughter and my ex has only 20% but is also VERY FLAKY with his obligations to pick her up and spend time with her. I am in a relationship of almost 2 years with a man and we have a long distance relationship. I just fou...

    Deloise’s Answer

    In California we have many "move away" cases which define the law. If you are the primarly parent with a true 80% time-share, you file a "motion to move away," to modify custody. Most courts in California will only order a psychological study if you and the child's father have a 50-50 clustody plan, or something approaching a 50-50 timeshare. The Constitution guarantees you the right to move freely, and the court will is not allowed to look into the reason for the move so long as the reason if NOT to frustrate visitation. The court will try to develop a different parenting plan that allows father more no-school time, and provides for how the transportation of the child to and from the visits will occur and how the expense will be paid. If the child is older, you can ask that the child's wishes be considered as well - so that the child's social like, school relationships, etc are not impaired by the visits. This is a common issue and not difficult. You may wish to check out the Nolo self help legal series on custody in California - this can answer many of your basic questions. Then consult a family law attorney in your area.

    Good luck,

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  • Child custody and family law

    I have joint legal and physical custody of 2 children, but their dad has 51% and I have 49%. We live in alameda county in california. My ex-husband got a job promotion and moved to chicago and took my 16 yr old with him, without my permission, a...

    Deloise’s Answer

    This is a complicated issues with many possible resolutions. First, you can file a contempt. Second, you can seek to modify custody. But before you do either, what do the children want? If you force an older teen to move in with you when he/she does not want to - you risk the long term relationship and may win the battle but lose the war. Can you restructure your visitation time to agree you get all "no school" time, if the child wants to stay with Dad? This might be a good compromise if child wants to remain with Dad. If your son does not want to be with Dad then you can make a motion to modify custody on the basis that Dad is not likely to comply with the court's order. There is some case authoritiy that says the child belongs with the parent more likely to share custody with the other parent - and that sounds like it might be you.

    I would certainly file a contempt and bring this to the attention of the court ASAP. Judges expect their orders to be obeyed. If you delay you may lose the right to complain about this - as a delay can operate as a "waiver."

    Good luck.

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  • I have legal and physical custody of my son. His father wants me to send our son to him for the entire summer. Do I have to?

    The only visitation according to the court order states "Father is granted rights of reasonable visitation as agreed upon." There is no parenting plan. I am active duty military and we do not live in the same state. The father is insitent that I ...

    Deloise’s Answer

    Your court order is your guide. Reasonable means exactly that. A nine-year old is not developmentally mature enough to spend an entire summer away from the primary psychologically bonded parent under normal circumstances. This age child might be able to do two or three separate one week periods with Dad, but the child's maturity, needs, and relationship with the father need to be considerations. If Dad was not concerned about what is best for your son, it seems he would be willing to come visit first in your state, and get to know his son better, before taking him out of state. I would recommend shorter visits at first until you see how it goes, and if it goes well, and father cooperates with allowing telephone contact with you during the visit then you can always agree to increase the visit the next time. Check with a local family law attorney to see what your local courts expect of you.

    Good luck.

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  • Family law, child custody, do i need father's permission to take child out of country to live, parenting plan modification

    The father of my eldest son now aged 10 1/2 left when he was 6 weeks old, I have since married and had a second son , Although still in touch with his father for visits etc in holidays ,we moved to Southern ireland 4 years ago , My husband and...

    Deloise’s Answer

    The answer will depend on the law of the jurisdiction in which you live. If no court has made orders regarding this child, your home court will have jurisdiction to make any decision. If you have prior court orders, most likely you will have to return to that court and seek permission to move- which should not be a problem if there has been no contact with bio Dad. Why not consider a step-parent adoption for your husband and give this child a real dad and step-dad the honor of being a recognized father? That would end any future problems about moving with this child.

    Good luck.

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  • Emancipation with parental permission?

    How long will it take and what are the steps and what forms do i need to fill out?

    Deloise’s Answer

    Much of what you need to know depends on your age and other circumstances. The statute changed in California on this issue - you must now be self supporting to emancipate. You will need forms MC 300, 305, 306 AND 310 which can be downloaded from the local court's website under Miscellaneous. You must be at least 14. This is discretionary with the court. That means that a Judge has to determine that you are capable of handeling your own financial affairs. If you are covered by your parents' or guardians' health insurance and will no longer be covered by health insurance - this is a good reason NOT to emancipate. Your parents are legally obligated to provide food, clothing, shelter and medical care until you are 18 and graduated from High School or 19 while still a full time high school student. Be careful you don't jump from the frying pan into the fire. Have you considered meeting with a pro bono attorney or counselor to explore all of your othe options. Sometimes the best answers are not always the obvious litigation answers.

    Good luck.

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  • Seeking affordable divorce attorney in CA state, what is the average cost of divorce

    I am a full-time student with a very part-time job, thus, cannot afford an attorney but do feel I need representation due to his inability to cooperate. We have 2 children together, and the house is under his name (we moved in tot he house togeth...

    Deloise’s Answer

    Some issues require the assistance of a competent attorney, such as issues of real property (land, real estate, homes), pensions and custody. The Family Code now provides that the court must order attorney's fees for the less financially able spouse. When file the first papers you will want to also file an "Order to Show Cause" for child support, spousal support and attorney's fees to give you the financial resources to complete the divorce on equal footing with your husband. Paralegals vary in competency so check for someone in your area that has been in practice for at least five years, and who limits their practice to family law as these professionals will know the ropes. You might also talke to an attorney about "unbundled" services, where the attorney does some things for you but not others. You might also consider a mediated divorce if the two of you can work out a settlement with the help of an attorney - but this requirese cooperations and will not work if your spouse is not able to cooperate towards an agreement.

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  • Is my marriage valid in the state of CA if my husband is married to another woman, can I face criminal charges for his bigamy

    I "married" a man two months ago that I discovered is still not legally divorced from his other wife. The divorce is pending, but not complete. What options do I have and what are his legal ramifications? Is he committing a crime for which he co...

    Deloise’s Answer

    When and if your husband is validly divorced from wife 1, your marriage will become legal in California. No, you cannot be arrested for bigamy, but you should not hold yourself out as married on state and federal tax returns until the divorce from wife 1 is completed, and you may need to amend you tax returns for prior years - please check with a CPA (accountant) as to your responsibilities for taxe returns previously filed as joint. . No one really procecutes people for bigamy any more, so don't waste time worrying about that.
    I would be more concerned about "forgiving" him for a lie that has serious legal issues - at least with respect to taxes and ownership of property. If he's willing to lie about the small stuff, he will lie about the big stuff and how can you build on that? I would suggest counseling and legal advice before you "marry" him again - because next time the court will say you "knew or had reason to know" and there are potential consequences for you under those circumstances.

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  • Is a spouse entitled to tribal per capital income received by husband in event of divorce

    i'm married to a tribal member in the state of california.but my husband is in jail but he still receives his per-capita every month.Am i intitled to all his assets and can i legally get spousal support from him while we are still married?

    Deloise’s Answer

    There are various ways to go about solving this problem, and not necessarily all of the involve litigation, unless you want to end up in divorce court. Your husband can talk to the tribal counsel and have them send you part of the income. You are never entitled to "all of" your spouses assets, upon divorce the court will do a "net" equal division. You need to understand that the tribe is a separate nation, and therefore the California courts take the position that his per-capital is HIS SEPARATE property. It is reachable for child and spousal support, but assets purchased with this SEPARATE property are NOT community property assets - they are HIS separate property. This comes as a great shock to many spouses. If you wish to have the property purchased with per-capita separate property income from the tribe- you will have to do a valid written transmutation agreement, and comply with both the California Family Code and Probate code sections, as transmutation agreements are disfavored in California and will not be upheld unless you comply fully with the requirements of the code. If you do that, the court can and will uphold a written agreement to transmute the property from separate to community. This is highly technical and you need the assistance of competent legal counsel to get it done right.

    Hope this helps,

    Deloise E, Tritt

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  • Is there any type of income that is excluded from alimony?

    is disability checks and social security income excluded from paying alimony?

    Deloise’s Answer

    Alimony, known as spousal support in California may be ordered to be paid from community property or separate property funds. (Family Code section 4338). Pensions are also reachable (Family Code section 2550). Support is payable from "annual gross income" which is defined by statute as:
    a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:

    (1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.

    (2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.

    (3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.

    (b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children.

    (c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party's gross or net income.

    Thus, income is defined the same for child support and spousal support as above.

    Hope this helps. Call the office if you have further questions.

    Deloise

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