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Questions Answered by Thomas D'Arcy Ferreira
1 Answer | Asked in Family Law for California on
Q: Why am I paying for his drug testing?

We have a 12-yo together (week on/week off visitation). We are legally divorced. Daughter found drugs in his home. He tested positive on a court-ordered drug test. Our mediator's rec's state he is to enroll in the court program for random drug testing. Ex's attorney wants me to pay... Read more »

Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Sep 1, 2011

I'm not sure why your ex is attorney is requesting that you pay for the tests. I suspect that the request is being made pursuant to Family Code Section 2030, a section recently liberalized effective January 1, 2011, and which allows an award of attorneys fees and/or costs to a non-monied... Read more »

1 Answer | Asked in Family Law for California on
Q: Is it true that FL679 can only be used in child support cases? I have a custody/divorce case in Ventura County Court

But I'm living in GA with my two children. I was given Sole Physical and Legal custody of my kids in Feb 2011 and have traveled to CA three times since Feb for court appearances. I am in a extreme financial hardship and cannot afford to fly to CA for my court hearing 9/12/11 with regards to... Read more »

Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Sep 1, 2011

I'm certainly sorry to hear about your difficulties. It certainly is difficult to handle your case from Georgia when it is venued in Ventura County.

I would agree that you can't use the FL–679.this form is only for use in government cases, such as those filed by the Department of...
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1 Answer | Asked in Family Law for California on
Q: I need to modify an existing order. Where can I find "stipulation and order re:child care,custody & child support" form
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Sep 1, 2011

the form you are looking for will is an FL – 355.this, and other judicial Council forms can be found by going to the California court website at www.courts.ca.gov. Simply click on the "forms and rules" tab and scroll down to the family law section, forms 300 through 399.

Note...
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2 Answers | Asked in Family Law and Child Support for California on
Q: My childs father is residing in the state of michigan & im persuing child support how can i locate him im in california
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Dec 31, 2010

One easy thing you can do right away is to open a case with the California Department of Child Support Services. DCSS will initiate enforcement proceedings and track the person through Social Security records and the like. If they can't help you, I recommend that you hire an investigator to... Read more »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I have not served the petitioner. but would like to change physical custody to joint custody? how can i do that?

I filed for sole physical,and legal custody of both my children. I have not served there father, who is incarserated. I have been reading that it is almost impossible to get both. So i would like to change the sole physical to joint physical. Is it to late? He has not gotten the papers, nor knows... Read more »

Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Dec 31, 2010

Legal custody means the right to make decisions for your children that affect their health, safety and welfare. Physical custody means who the child lives with. By definition, an incarcerated person cannot share physical custody, as the child cannot live with an incarcerated person.

You...
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1 Answer | Asked in Family Law, Education Law and Juvenile Law for California on
Q: Can a child leave school at the age of 18 without parents consent?
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Dec 31, 2010

In California, school attendance is mandatory through age 18, whether or not the person is emancipated (California Education Code section 48200) The rule of compulory education is subject to several specific exceptions (for example, graduation (EC 48410(a)), Passing the GED and parental consent... Read more »

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: California, how do I add more documents to the restraining order I filed?
Thomas D'Arcy Ferreira
Thomas D'Arcy Ferreira answered on Dec 30, 2010

I'm not sure what you mean by "documents." I assume that you filled out the DV 100 or other Judicial counsel Form. If you want to file a supplemental declaration from yourself, or from another witness, I would recommend that you consult your county's local Rules of Court.... Read more »

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