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Questions Answered by Crista Marie Haynes
1 Answer | Asked in Child Custody and Family Law for California on
Q: If I have 50% leagal custody of my daughter, can she chose to stay with her dad? She is 17
Crista Marie Haynes
Crista Marie Haynes answered on May 7, 2018

Unfortunately legal custody does not have to do with physical custody and/or where the child resides. Legal custody gives parents the right to share in the actual decision making when it comes to medical, dental, health, education, psychological, religious issues among others. But the physical... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I am a still married father of three year old twin girls. In jan. 2018 my current wife cheated and left to her grandpas.

My wife will not allow me to see my daughter's for no reason and the mom and two daughters and a nine year old boy. (A child she had before our marriage)all share a room. Are those enough reason for a judge to grant me custody or full custody of my children. With me they had an appt with own... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on May 7, 2018

You bring up very valid and concerning points that need to be addressed by a Judge immediately. It sounds like your children could be in harms way and you need to act fast. It would be in your best interest to file an Ex-Parte Request for Order Hearing regarding child custody and visitation and... Read more »

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: How do I vacate a domestic violence restraining order in which I never received a summons and the statement false?

My ex-girlfriend and mother of my 18 month old baby was served by me for child custody, the next day she filed for a domestic violence restraining order on me based on false claims(lies) and also proceeded to lie about summoning me. She received the order from the judge by default because I... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on May 7, 2018

You need to get yourself into court to explain to the judge what happened and to explain that you were never served and/or given notice depending on the stage of the proceeding. If this is in between the temporary and permanent restraining order hearings you will have your day in court, if both... Read more »

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2 Answers | Asked in Family Law for California on
Q: Which form is filed when wanting to request a move away that is not an emergency?

I'm using form FL-300 and at the top, where it says Request for Order do I select "other" and put "move away?"

Crista Marie Haynes
Crista Marie Haynes answered on May 7, 2018

You need a file a regular Request for Order with an attached declaration laying out the necessary factors outlined In re Marriage of LaMusga (2004) 32 Cal.4th 1072, link to case: http://www.lawlink.com/research/CaseLevel3/10823. Move away cases can be complicated so you might want to contact a... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: I gave my child's father sole custody last year I had get my life together how do I get some custody back ?

We don't go by the court agreement the only part we go by is he has sole custody my child is unhappy and crys every time our visit is over she needs me in her life I can't even call he because her father block my number and it goes to voicemail he don't even let me know how she is... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on May 2, 2018

You need to file a Request for Orders to modify the current court orders and write a very detailed declaration with your request outlining what is occurring and how your request modified court orders are in your daughters best interest. In your declaration you will want to focus on the issues that... Read more »

1 Answer | Asked in Family Law for California on
Q: Do i need an attorney for a show cause situation for family law case?

I am the petitioner. My daughters mom is trying to get permission from the court to move out of state with my daughter.. She has even used fraudulent paperwork in the case to show she has a job waiting for her.Its clearly bs but i still need some info to feel better because i want to put this to... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on May 2, 2018

Move away cases are very difficult cases to maneuver in California Court cases and it is always a good idea to have an attorney help you with these types of difficult cases, especially if you believe that the information your ex is putting before the court is falsified.

Your ex will need...
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1 Answer | Asked in Family Law and Child Support for California on
Q: What do I need to do to get my ex to pay past due medical bills for our children that is mandated by a court Order?

It is stated in our court order that my ex pays for 1/2 of the childrens medical bills. He is refusing to do so stating that he does not agree with the treatment. We have an autistic child which demands many medical appointments and medications. He is also court ordered to pay for 1/2 of the... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on Apr 30, 2018

You need to send him a copy of the receipt/invoice within 30 days of payment of the expense and demand reimbursement. If he continues to refuse to pay the expenses for uncovered medical expenses and/or daycare/child care expenses you will need to take him to court on a Request for Order re:... Read more »

2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can I refer to answers given in a mistrial in our upcoming hearing?

We recently had a mistrial in a motion to reconsider guardianship, can I refer to answers given by a witness under oath in that mistrial hearing when we return for the permanent guardianship hearing?

Crista Marie Haynes
Crista Marie Haynes answered on Apr 30, 2018

You are able to refer to someone's prior testimony, which they gave under oath, in the next hearing on permanent guardianship as their previous testimony is relevant and was given under oath. The mistrial does not affect your ability to recall to the testimony.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my pregnant daughter keep the biological father away from the baby. He wanted her to have abortion.

They are not married, they were boyfriend and girlfriend. He is only afraid she will hold him financially accountable. She will not, but she wants to ensure that the father cannot bother the baby as it grows older

Crista Marie Haynes
Crista Marie Haynes answered on Apr 26, 2018

Unfortunately the biological father does have Parental Rights that he can choose to assert if he so chooses regardless of your daughter's intent to seek financial assistance from him with regards to the child. However, if the biological father does not provide financial support to your... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Need help making sure my babys grandma stays away from us. She had violently attacked me as I️ had her in my arms

Also began to grab my baby says she was going to take her to spend time with her as I️ said no. In the car. Previous to that incident she had already came at me one night very late and kicked us out middle of night And tried fighting me and came so close to me I️ had to push her away as I️... Read more »

Crista Marie Haynes
Crista Marie Haynes answered on Apr 25, 2018

You need to request a Civil Harassment Restraining Order and/or your fiance can file a Domestic Violence Restraining order. With the information that you have placed in your inquiry it definitely sounds like you have sufficient evidence of a credible threat and therefore enough to have a temporary... Read more »

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