Attorney Kim Tuyet Ma's Legal Cases

Child custody

IRMO Ericson

N/A

OUTCOME: California and Minnesota declined to exercise jurisdiction over the children and Montana accepted jurisdiction as requested by Husband.

I represented Husband in a multi-state jurisdiction battle. Husband and Wife have 3 minor children and resided in the state of Minnesota for 3 months prior to the commencement of actions in California. ... Prior to residing in Minnesota, the parties resided in Montana for 3 years. Wife claimed to be bringing the children to California for a vacation then refused to return the children to Minnesota where Husband stayed. Under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), a child's home state is where the child resides 6 months prior to the commencement of an action. As the children technically had not resided in any state for the previous 6 months, there was no home state under the UCCJEA. The court in California even noted these facts to be the most complicated UCCJEA matter it had heard. Working in conjunction with Husband's attorneys in Minnesota and Montana, a motion to quash was filed. This motion was granted ordering the issue of child custody and visitation to be decided in Montana.

Family

Valencia v. Adams

N/A

OUTCOME: Client was found to be presumed parent of minor child and was awarded joint legal and physical custody.

I represented a female client who had been raising a child who was not biologically hers and was legally adopted by her friend Sarah. The child's biological mother was Sarah's cousin and when the mothe ... r was unable to care for the child, Sarah legally adopted the child. When the child was brought home, it was clear that Sarah could not care for the child and asked my client to help her. For the next several years, my client cared for this child as her own in every aspect possible. This child came to know my client as mommy as well. Sarah suddenly decided she wanted the child back and would not allow my client to see the child. Under Family Code Section 7611, a presumed parent is one that receives a child into their home and holds a child out as their own. After trial, my client was found to be the child's presumed parent and granted joint custody. The parties have been exercising a 50/50 parenting plan and the court has further ordered that my client be added to the child's birth certificate.

Child custody

IRMO Charleston

N/A

OUTCOME: Father was awarded sole legal and physical custody of the child with Mother to have supervised visits and the child was returned to his care.

I represented Father, a resident of Yolo County, against Mother's allegations that he was sexually abusing the minor child. Mother, a resident of Butte County, had filed for ex parte relief in Sacramen ... to County seeking sole custody based upon these allegations. As she had no proof, her request was denied. The matter was sent to mediation and it was recommended that the child reside with Father. Upon returning to court, Mother advised the court that there was an open investigation with Yolo County law enforcement. Mother was advised to bring proof to court. When she was unable to provide proof to the court, as the case was closed out, Mother was directed to return the child to Father. Mother refused and filed a notice of intent to withhold with the Yolo County District Attorney's Office without fully advising of the court's orders. Mother then proceeded to file a restraining order in Butte County on behalf of the child. Working in tandem with law enforcement and the child abduction units in both Yolo County and Butte County, I was successful in getting the Sacramento court to order sole custody to Father with supervised visits to Mother. The child was successfully returned to Father.

Family

IRMO Phillips

N/A

OUTCOME: Restraining Order dropped and temporary parenting plan negotiated.

I represented Husband against Mother's request for a restraining order. Mother had been withholding the children and Father had not seen them for several months. At the hearing, I persuaded the Mother ... to drop her request for a restraining order and negotiated a temporary parenting plan so that the parents could attend mediation to determine a long term parenting plan.

Domestic violence

IRMO Moreno

N/A

OUTCOME: 5 year restraining order granted.

I represented Wife who had previously requested a restraining order without the assistance of counsel. Her request was denied. Several years later Husband resumed his harassing behavior. In carefully d ... rafting the pleadings to establish the pattern of harassment and articulating the facts to the judge, Wife was granted a 5 year restraining order.

Child custody

IRMO Frank

N/A

OUTCOME: Wife was ordered to sign release forms and was ordered to attend therapeutic counseling with the child.

I represented Husband who had 2 minor children with Wife. For years, the children had reported abuse by the hands of Wife and her new husband. Unfortunately, CPS could not substantiate any abuse and Mo ... ther remained the primary custodial parent. One child then went to live with Husband and began attending counseling with Wife's consent. When the child began disclosing abuse, Wife withdrew her consent. Husband sought a copy of counseling report but the counselor could not provide one without Wife's signed consent. Wife refused to sign the necessary consent forms. Husband filed a motion to compel Wife's signature which resulted in Wife signing one form but not the other form. This resulted in further argument before the court who sanctioned Wife. After the report was obtained, the parties attended mediation and the mediator was provided a copy of the report. It was ordered that the one child remain in Husband's custody and for him to attend therapeutic counseling with Wife before any visitation takes place.

Divorce and separation

IRMO Henderson

N/A

OUTCOME: After a 2 day trial, Husband's request for spousal support, Watts credits, and the family residence were denied.

I represented Wife at a 2 day trial. The issues before the court were Husband's requests for spousal support, Watt's credits, and the family residence. At trial, it was shown that Wife was not only the ... main source of income for the family but she was also the primary caregiver for the parties 2 children. Despite this being a long term marriage, I successfully presented evidence and argued that it would be inequitable to award spousal support to a husband that did not support the family. During the marriage, Wife was the consistent source of income and it was her efforts that resulted in the purchase and maintenance of the family residence. Husband argued that he could refinance and maintain the mortgage payments as he secured new employment. This argument was refuted. Next, Husband attempted to request Watts credits for the fair market value of the house. I successfully argued that Husband was unable to produce any credible evidence of what the fair market rental value of the home would have been.

Kim Tuyet Ma's Legal Cases (7)

IRMO Ericson

Valencia v. Adams

IRMO Charleston

IRMO Phillips

IRMO Moreno

IRMO Frank

IRMO Henderson