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Jeffrey M Moore

Jeffrey Moore’s Answers

102 total

  • My parents are renting tenants of a house in California. They are going to court to defend their witholding of rent due to lack

    My question is, can I legally be held responsible if: a. I don't live at the property. b. I never signed the lease. c. The rent checks did have my name on them. Thanks in advance.

    Jeffrey’s Answer

    You probably are not liable unless you wrote NSF check(s) or stopped payment on checks. I agree with other counsel's comments: even if you didn't sign the lease, you could have guaranteed the lease by separate written agreement. Also if you ever lived at the property, you could be liable for the fair rental value during your occupancy.

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  • When does a Tentative Statement of Decision become a Judgment?

    In my divorce settlement hearing the judge issued a Tentative Statement of Decision. He wrote that it would become a "statement" of desicion ten days after being served, and instructed me to write a judgment up at that point. On day 11, I filed th...

    Jeffrey’s Answer

    If you are in a particular hurry to get your divorce, you may be able to resubmit the Judgment as an ex parte application. Check with the local court clerk's office for procedures. If it is possible to submit a default judgment as an ex parte application, include a brief declaration stating why it is urgent (e.g., you are engaged and want to remarry, etc.)

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  • How do I file for divorce when my husband lives out of state and has remarried? Can I just divorce him without notifying him?

    divorce without having to notify the Respondent

    Jeffrey’s Answer

    If you are a resident of Santa Clara County for at least three months, and the state of California for six months, you can file for divorce here. Assuming your husband has had 'minimum contacts' with California, you can get a California divorce. If you have his address you must serve him. Because he is out of state, you may be able to serve him by mail. The fact that he has attempted to remarry has little, if any, effect on your marriage. The new 'marriage' is not valid, and may even be a criminal act in his state of residence. I practice in Santa Clara County and would be happy to assist you If you are able to afford an attorney.

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  • How to I request a change of venue in a child custudy case to the county I lived in with my child half the time?

    childs father is a judge in county she filed in, she also stated the child has been living in that county for the last four months full time when I had her half the time...

    Jeffrey’s Answer

    The facts as stated are nonsensical. You ask: "How to I request change of venue in child custudy case to the county I lived in with my child half the time? childs father is a judge in county she filed in" (i.e., you state you and a Superior Court judge are both the child's fathers).

    In general venue for custody is the primary residence of the child at the date of filing of a case. If neither party resides in a county where an action is pending, the court may also consider the location of prior or additional litigation between the parties, the convenience of witnesses, and other factors in deciding whether to change venue. Although your facts are contradictory, it does not appear likely that a change of venue would be granted in this case.

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  • Can my ex-husband get cutody?

    My children has very limited visitation w/ their father. I am remarried; both myself & husband are proving full support for our children. I have full custody over all 3, biological father is unemployed; living w/siblings- not paying court ordered ...

    Jeffrey’s Answer

    • Selected as best answer

    Firstly, it is not relevant to custody determination that unemployed Father is behind on child support.

    Where your twelve year old wants to live is just one factor the court considers to determine custody. If the reason she wants to move is insufficient discipline at Father's house, the court would see through her request as not in her best interest. You do not say why you took took the phone away, or for how long. What you did could have been reasonable discipline under the circumstances, or excessive, depending upon the details.

    If your daughter spends most of her time with her paternal grandparents and aunts, then Family Court Services will be ordered to observe the relatives interaction with your daughter to determine whether more time with Father is in her best interest.

    How long the current custody arrangement has been in place will also be a factor in the court's decision. The longer a schedule has been in place, the harder it is to change it substantially. The law considers preservation of the status quo to be in a child's best interest.

    My educated guess would be that if father is not physically abusive, or otherwise unfit, he will be given more than the 'very limited visitation' you described he currently has. The law also considers it beneficial to children to have frequent and continuing visitation with the noncustodial parent. I believe it is also very unlikely that primary physical custody would shift from your home to Father's on the facts you presented.

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  • I need to know what would be the entry of judgement in a divorce case?

    I need to know if it the entry of the judgement and the entry of notice would be when the clerk filed and mailed out the copy of judgement or would it be when one party of the hearing filed the form FL-190 to terminate the marriage? If it's whe...

    Jeffrey’s Answer

    Judgment is entered the on date the Clerk files the Judgment and mails Notice of Entry of Judgment. There are different statutory sources depending on your purpose, and it is not a simple question to answer. I would refer you first to Family Code secs. 2339 through 2346. All California court orders are entered as of the date of the filing of the order whether in Civil, Criminal, Probate, Family, or other division.

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  • How would I go about getting sole physical and legal custody of my newborn?

    The father informed me of retaining an attorney. I cannot afford one I'm petitioning for sole legal and physical custody 4 these reasons:1. main reason for the breakup was his chronic unreliability. Simply put, he was a flake. 2. He consistently...

    Jeffrey’s Answer

    You have full custody right now if you were not married. You do not need to allow Father to visit unless the court order you to do so.

    If Father brings an Order to Show to Establish Visitation through counsel, then you need to file and serve a Responsive Declaration giving specific examples of the points you enumerated in your initial statement. If he is given a small amount of visitation, you will probably be given sole legal custody so that you will be the one making legal decisions regarding your child.

    You need to mentally and emotionally prepare yourself for the eventuality that Father will almost certainly get some visitation if he requests it from the court. You have a right to represent yourself without an attorney; don't be intimated if you need to handle your own case. Whether or not you have counsel, it is standard for fathers to have some visitation. The only exception is if he is considered an unfit parent due to extreme substance abuse, domestic violence, etc., but even then he will be given at least supervised visits.

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  • Please i need a solution about a very pressing issues I am married to a lady that is divorced but has 2 kids with her ex husband

    that we been married for 3 years,the ex husband is a weekend parent so he has the kids only friday-sunday night,well i had to make my wife tell the ex husband that she is remarried cause he still keeps disturbing her so now that she told him the g...

    Jeffrey’s Answer

    If your wife's ex-husband is not releasing her children at the end of his visitation, I suggest she file an OSC and Affidavit Re: Contempt. If she wins, the court will fine him, and if he doesn't pay the fine, usually incarcerate him. The court doesn't like it when an order is deliberately disobeyed.

    Your mother-in-law should be a corroborating witness at the hearing, and testify that your wife's ex is violating the visitation order by withholding the kids at pickup time.

    Also, I wouldn't blame your wife for the situation, I am sure she is doing the best she can to make the transition easy for your stepchildren.

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  • I filed a declaration of disclosure a income expense report 4 days before my divorce trial hearing. But I just

    realized now that I marked the wrong box, instead of marking final I marked preliminary. Can that cause my case to be set aside ?

    Jeffrey’s Answer

    My suggestion would be to file and serve a new Disclosure Dec. with the correct box checked, using today's date. Before filing you should type 'AMENDED' before the title of the form to let it be known it is replacing the previous version in the file.

    Don't panic, everyone makes a typo on a form at some point. Even if you don't get a chance to correct this in time, it's unlikely to have a material affect on your case.

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  • Do i have a good chance on getting sole legal custody of my son?

    Well last year my son's dad got arrested while my son was with him for that weekend. He no longer got over nights with my son. Now a year later, he is saying he wants him over night again. His dad has a felony for what he did last year. he only ge...

    Jeffrey’s Answer

    An attorney cannot give you odds, particularly when given a paragraph of information on a custody case.

    In general when one parent has very little physical visitation (such as four days per month with no overnights), the court is likely to give sole legal custody to the parent with primary physical. This is not a punishment to the other parent, but an acknowledgment of the practicality that you would be the one dealing with medical, educational, and other choices, so it would benefit the child if you are the decision maker.

    You are still likely to have 'shared physical custody' in the sense that Father will likely have at least as much visitation as he does now.

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