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Questions Answered by Mr. David Thomas Pisarra

1 Answer | Asked in Family Law for California on

Q: Father and mother not married living in AZ have a child. Following the birth of the child father becomes abusive, mother

Moves to CA to get away from father. mother lives in CA and establishes residency in CA. Mother files for and is awarded child support in CA....Is the jurisdiction in CA valid?

Mr. David Thomas Pisarra answered on Jun 20, 2011

Yes, jurisdiction is based on residency and time.

2 Answers | Asked in Divorce for California on

Q: In CA if a couple has been legally seperated for 5+ years is there still a 6 month waiting period for divorce once filed

Mr. David Thomas Pisarra answered on Mar 16, 2011

The Legal Separation is one process, the Dissolution of Marriage is another. You will have to file a Petition and go through the entire process of dissolution, which includes the exchange of disclosures and also the waiting period.

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1 Answer | Asked in Child Custody for California on

Q: Can you folks help a mother in a custody dispute? Is it possible for her to speak to someone by phone?

Mr. David Thomas Pisarra answered on Feb 20, 2011

You can call my office and ask to speak to a lawyer. Pisarra & Grist - 310 664-9969.

You may also review my website, www.MensFamilyLaw.com for information and to review my books, A Man's Guide To Child Custody, which is available as an e-book download.

1 Answer | Asked in Child Custody for California on

Q: What forms do I need to change custody from a mom to a father who has the child 75% of the time.

Mr. David Thomas Pisarra answered on Feb 20, 2011

You need to file an Order to Show Cause in the case in which there is a court order. The forms are available online and from the self-help desk of your local court.

I would suggest that you review my book, A MAN'S GUIDE TO CHILD CUSTODY, as when you file for a change in custody, she will...
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1 Answer | Asked in Child Custody for California on

Q: Where can I begin to look for records containing a custody battle between my parents and my grandparents. 1985?

Mr. David Thomas Pisarra answered on Feb 20, 2011

Each county has an index of the Petitioners and Respondents in family law cases. You can go to the county where they were litigating the case and start there. A case that old will likely be in archives, but the electronic index will allow you to find a case number.

1 Answer | Asked in Family Law for California on

Q: As a parent with joint legal custody in CA, do I have a right to my child's medical info?

The childs mom has told her orthodontist not to discuss my daughters care or billing with me even though I am expected to pay half of all bills. The mom says "I am their" client.

Mr. David Thomas Pisarra answered on Feb 20, 2011

Absolutely ! that's one of the main reasons for fighting to keep legal Custody of your child.

There are many rights afforded you when you have legal custody of a child. I cover them in my books A MAN'S GUIDE TO DIVORCE STRATEGY and A MAN'S GUIDE TO CHILD CUSTODY. Both are available on...
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1 Answer | Asked in Family Law for California on

Q: Can CA separate RE acquired before marriage be transmuted to community property because mortgage is paid by both spouses

Mr. David Thomas Pisarra answered on Feb 20, 2011

The community can develop an interest in the separate property holdings of a spouse. The cases are on record for this, and I would suggest that you seek the advice of a qualified family law attorney to discuss the tracing of the funds and how the law works on this topic.

In my book, A MAN'S...
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1 Answer | Asked in Divorce for California on

Q: I was married for 28 years. I make 100K - she makes 30K. How long will I have to pay? Where can I find the rules?

Mr. David Thomas Pisarra answered on Feb 19, 2011

The law on this is that your marriage is one of "Long Duration" which means that it lasted more than 10 years and the court CAN maintain jurisdiction over the issue of spousal support for the lifetime of the parties.

In general, the goal of spousal support is to allow the parties to become...
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1 Answer | Asked in Family Law for California on

Q: How do I submit evidence in a child custody case?

Mr. David Thomas Pisarra answered on Feb 19, 2011

Evidence must be admissible before you can submit it. It must have a foundation laid for its authenticity and trustworthiness.

These are highly technical areas and lawyers spend a year in law school just to learn the basics, and then years in practice to perfect it.

The basic process...
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1 Answer | Asked in Family Law for California on

Q: Is there a legal age limit for children to stay home alone in california?

Mr. David Thomas Pisarra answered on Feb 19, 2011

No, there is not. The child should be old enough to be responsible, and the parents should be aware that leaving a child who is too young to take care of themselves could be a criminal act of negligence.

In general, teens are old enough to be home alone.

Additionally the question is...
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1 Answer | Asked in Family Law for California on

Q: I have no birth certificate, I don't have any knowledge of my family's history. Very limited information

I do have a social security number, but I can not get a driver's license without a birth certificate. How can I correct this problem ?

Mr. David Thomas Pisarra answered on Feb 19, 2011

Social Security numbers are regionally issued, the numbers can tell you what state you were born in, and frequently the county, if you have the county you can go to the Registrar. On the other hand you can go to the Secretary of State who usually keeps the records of births throughout the state... Read more »

1 Answer | Asked in Family Law for California on

Q: My son died and had a storage unit in california. What forms do I need to fill out to access his stuff?

Mr. David Thomas Pisarra answered on Feb 17, 2011

If you son died and the estate is under $100,000 there is a California Code Section that deals with the procedures. You must wait a certain amount of time, 45 days at last count, then draft a Declaration stating that you are the representative for the heirs and with a certified copy of the death... Read more »

2 Answers | Asked in Family Law for California on

Q: A 22 year old child with no support order or established paternity, any potential back support?

Mr. David Thomas Pisarra answered on Feb 17, 2011

Nope.

The right to child support ends with the child becoming 18, if there is no previous order, you cannot get one.

For more information about child custody and support, my book A Man's Guide To Child Custody is available on Amazon.com, BarnesandNoble.com and as an ebook at...
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1 Answer | Asked in Divorce for California on

Q: I HAVE A SETTLE MENT CONFERENCE IN 4WEEKS. DO I NEED TO HAVE A LAWYER PRESENT?

Mr. David Thomas Pisarra answered on Feb 16, 2011

No, a settlement conference is nothing more than the parties sitting down with a mediator, frequently the judge. It is a time for the parties to sit down, and have a third party facilitate the conversation. Often it is also a good time for the judge to convey what the most likely scenario is for a... Read more »

1 Answer | Asked in Family Law for California on

Q: My husband filed a false TRO against me. I missed the hearing b/c the wrong address was on the paperwork. I scheduled an

Ex-parte hearing for this monday morning to see the judge but am wondering if I need to go about this another way such as filing a motion to dismiss or something to that effect. Or do I just go in front of the judge and explain my case?? Also I want to note that the FRO has not been served on me... Read more »

Mr. David Thomas Pisarra answered on Feb 14, 2011

Just go explain your case, and if the judge wont dismiss the TRO then you will need to see an attorney who specializes in Family Law to help you.

This is a very sad case, as the Domestic Violence Restraining ORders can have long term effects on work, your civil rights and if you have...
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1 Answer | Asked in Divorce for California on

Q: I am a dependent of a veteran who is about to get back pay and owes child support what happens to that money?

Mr. David Thomas Pisarra answered on Feb 14, 2011

That depends on whether or not you have filed an assignment of wages on the back pay. If you are currently received child support from his current pay, then it should have a provision for how any arrears (previously owed child support) would be repaid.

1 Answer | Asked in Divorce for California on

Q: Iam retired military and have tir care med ins along with all privileges

My wife would like a devours after 38 years would she still be entitled to tircare med ins.

Mr. David Thomas Pisarra answered on Feb 14, 2011

Most insurance plans only allow dependent spouses to be listed, however government plans and military plans may be different rules than private plans.

You should call your plan administrators for the best information.

2 Answers | Asked in Family Law for California on

Q: If my spouse died and had property in california how do I obtain the right to that property?

Mr. David Thomas Pisarra answered on Feb 14, 2011

There are many ways in which you may be entitled to the property. If it was held in Joint tenancy for example, it would automatically be yours. If it is the subject of a trust to which you are the beneficary, then you you would be able to have it transferred to you.

You need to take his...
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1 Answer | Asked in Domestic Violence for California on

Q: If i drop spousal batter charges will they release my fiance?

Me & my fiance got into a really stupid arguement i got mad that he started screaming at me so i got up on his face then he pushed me, i got physical with him so he kept pushing me and so on he didnt punch me but every time he pushed me i fell, & i called the cops i feel bad now cause it was never... Read more »

Mr. David Thomas Pisarra answered on Feb 8, 2011

Depending on the district attorney, and what you say to them, they may consider dropping the charges, however they don't have to. Once it goes to the DA, they have the power to prosecute your fiance without your cooperation - if there is enough evidence.

Women have fought for the mandatory...
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1 Answer | Asked in Child Support for California on

Q: Who files form FL-685 and FL-150?

Mr. David Thomas Pisarra answered on Feb 8, 2011

The FL-685 - Response to A Governmental Motion or Order to Show Cause is filed by the party who is being brought before the court to pay child support or answer/respond to whatever the court motion is.

The FL-150 - is the Income and Expense Declaration which is filed by both parents in a...
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