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Questions Answered by Mr. David Thomas Pisarra
1 Answer | Asked in Family Law for California on
Q: Is a Custody Order from the Juvenile Court to the Family Court considered a temporary emergency order under the UCCJEA?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 8, 2011

Once the Juvenile court has taken jurisdiction over a child it has jurisdiction until it releases to the Family Court with an exit order. That means that the State of California has exercised jurisdiction over the child which would qualify for the time limits of the UCCJEA.

If you are...
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1 Answer | Asked in Family Law for California on
Q: I aply for a div case, my ex hus is mx and usa citizen. he moved 3 mont before i as for divorce do i have jurisdiccion?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 7, 2011

Not if he has properly filed the petition in the right county and had jurisdiction.

If his papers are not good, and the jurisdiction is not good, then you can file where you want, but otherwise, you will have to file a Response to his Petition.

My book A MAN'S GUIDE TO DIVORCE...
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1 Answer | Asked in Divorce for California on
Q: How do I tie a qdro to my divorce dissolution so that I can get the annuity in the qdro now?

Div granted 2004

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 7, 2011

A QDRO is a Qualified Domestic Relations Order. It is part of the court file and the judge will sign it. You need to seek the advice of an experienced attorney who specializes in these documents. they are HIGHLY technical and need to be done by someone who has experience with them.

My...
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1 Answer | Asked in Divorce for California on
Q: Will I need an attorney to have an inmate (in custody) sign legal papers that pertain to provisions of a divorce?

The legal papers involve the inmate's agreement to waive alimony and also an agreement to a reduced entitlement (from 50% to 10%) of my combined 401k & profit sharing balance (from my employer) accumulative up to the date of divorce.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 7, 2011

Maybe. If he has not appeared in the divorce by filing a Response, the settlement will have to be notarized.

But you can find that out easily. If he has appeared, then you can simply have him sign the forms you mail him, return them and file with the court.

1 Answer | Asked in Child Custody for Texas on
Q: My husband and I have been separated for over 2 yrs and he has my children and told me that I can't have custody

He says I can't have custody of the children because I haven't paid child support and he has legal custody of them because he has a court order for child support. Is this true? I want to get my children back!

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

Child Support and Child Custody are separate issues. Child custody and visitation are not withheld by courts because you haven't paid your support. But that doesn't mean you shouldn't pay your child support. If he's raising the child, you need to pay your support.

That...
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1 Answer | Asked in Child Custody for Texas on
Q: Im a single Parent,Father was never involved in childs life until he was placed on child suppor,and now he has custody..

Im a single perent to a 4 year old,I and my parents have taken care of her and been their every step of the way,My parents helped me with her care while going to school to better my self but ones finish i returned to my family and my Daugther and i mover out of the city.

Her father and i... Read more »

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

A court could determine that a child belongs with their parent, if that parent is capable of being the responsible person for the child's wellbeing. Parents are the preferred people to raise their children. If you cannot raise the child, and he can, then he may be able to have primary physical... Read more »

1 Answer | Asked in Family Law for California on
Q: I had a default divorce in NM, made a parenting agreement, daughter lives in CA with father, will it uphold in CA?

He was physically abusive, I was frightened for my life so I moved out of state to New Mexico. He was living with his parents at the time, I felt I needed to leave my daughter with him because I was scared he would be able to track me down if I took her with me since he would have to know my... Read more »

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

You have an interstate child custody case, we handle those, and they can become very complex. Your case has a judgement, which is good, but that judgement needs to be registered in the state of California in order for you to enforce it.

I want to recommend to you that you review the website,...
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1 Answer | Asked in Family Law for California on
Q: How can I obtain a copy of the trust that my father set up before his death?

My Mom is alive but is not of sound mind due to altzhimers & my brother has moved her into his home & taken all legal power away from her as far as I know.When my father died, he owned a business, several properties, & substancial amount of personal property.My brother has refused to... Read more »

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

If you know the lawyer who drafted the trust I would suggest you start there, as a beneficiary, you would have a right to know the contents of the trust.

If you do not know the lawyer, I would suggest you call a lawyer who specializes in Probate and Estate Planning to open a probate on your...
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1 Answer | Asked in Family Law for California on
Q: Does California have restrictions on ex parte court proceedings?

We have a complicated family case. The court has had no open hearings. Materially perjured information is controlling the courts decisions. There is no abuse or mistreatment involved.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

Ex Parte hearings are used for emergency situations. The procedure for filing an Ex Parte varies in each county and the amount and type of notice you must give is also dependent on the relief you are seeking from the court.

I urge you to call a family law attorney to discuss your rights, in...
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1 Answer | Asked in Divorce for California on
Q: I retired a year ago and my ex got $860 of my retirement per month. it reduced my pers retirement considerably!

Can I have my spousal support teminated. She is making more money than I am now. She bought a house in 2007. I am paying her $175 per month. We have no children and were married for 10 years. I won' t get any of her retirement for another 6-7 years if and when she retires.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 5, 2011

You may be able to file for a modification if your judgment was not for non-modifiable support. We would have to review the final judgment in your case to determine what your rights are.

In my book, A MAN'S GUIDE TO DIVORCE STRATEGY, I discuss alimony and spousal support and you may...
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1 Answer | Asked in Family Law for California on
Q: My ex husband want to take my deposition before a post judgment order to modify s spourt (i filed order) what are my rights
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 2, 2011

You have the right to have an attorney present, but he has the right to depose you pending the hearing to determine the basis for the modification. You are, I'm assuming, asking for more support, and he doesn't want to pay it. He has the right to determine what you have done to become... Read more »

1 Answer | Asked in Family Law for California on
Q: I was deceived by my wife to leave the United States against my will...

Sir, I am a legal resident alien in California. 2 months ago my wife who's American used the excuse that she and I like's France to put me on a plain to France with the excuse that she would come over when I got settled in France. Once I got to France I realized that it was all a lie.... Read more »

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 2, 2011

I'm not clear on what you are asking about, the having the son live with you is legal, The leaving the country is legal, and her deception about coming to join you in France, well, that's legal even though it's unethical on her part.

You need to file for a divorce in...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: My x-husband went out of town on his set weekend with our son and left him with his girlfriend without asking me first

Is there a family code or law against that? I am the custodial parent and we share custody, but the girlfriend cant be trusted.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 2, 2011

The father is within his rights to do this, just as you are when you leave the child with a babysitter on your time. Unless you have proof that the girlfriend was negligent, or abusive, there is nothing you can do.

In my book A MAN'S GUIDE TO CHILD CUSTODY I discuss issues like share...
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2 Answers | Asked in Family Law for California on
Q: I would like to legally change my sons last name from his fathers to mine. What is the cost of and what do I have to do?

His dad lives in a different state, he has only seen him twice(before he was 1yr old), he doesn't provide me with child support and my son is almost 5.

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 2, 2011

The father has a right to be notified and to contest the name change, you should try to speak to him, and get his consent, it might be easier than you think .

The forms are very simple, it's a basic filing with the court, publication and appearance for 2 minutes in front of a judge.

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3 Answers | Asked in Family Law and Child Support for California on
Q: Am i still liable for child support if the child was a result of my husband having an affair with another woman
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Feb 2, 2011

Your husband should be responsible for the child support, but that means that his income will be decreased as a consequence of having to pay. You don't have to pay it, but it will come out of the community income.

In my book, A MAN'S GUIDE TO CHILD CUSTODY I discuss the issue of...
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1 Answer | Asked in Child Custody for Pennsylvania on
Q: How do get grandparent rights
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Jan 29, 2011

Grandparents rights are a hot topic. Each state has its own procedures to allow grandparents to seek a relationship with their grandchildren. In general, you need to have an established relationship with the child before you may proceed in court. The theory being that it is the continuation of the... Read more »

1 Answer | Asked in Child Custody for New Jersey on
Q: How do i get better visitation rights for my children
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Jan 29, 2011

I suggest you get my book, A MAN'S GUIDE TO CHILD CUSTODY. It is available on Amazon.com, BarnesandNoble.com, and my website, wwww.MensFamilyLaw.com as an e-book download.

Each state has their own rules on visitation, but in general, unless a court recognizes that abuse is going on,...
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1 Answer | Asked in Child Custody for California on
Q: I lost legal and custodial rights to my 2 children. I had visitation rights, but my ex fled the country. What now?

I know my ex is living in Korea with her new husband and my 2 kids. She won't allow me to see them or have any contact with them. I'm there now trying to somehow locate them. Please advise...

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Jan 28, 2011

This is a heartbreaking situation, because Korea is not a signatory to the Hague Convention on on the Civil Aspects of International Child Abduction. You have few options to regain custody or visitation.

You may wish to review my website for more information on international child custody...
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1 Answer | Asked in Family Law for California on
Q: Perjury, making false allegations in Family Law case about income of other party. Also states DCSS told them

Private information to harass and and intimated. What do I do?

Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Jan 26, 2011

Proving perjury is very difficult, it requires someone skilled to know how to trap the other person. Unless the perjurer has so blatantly lied that you can prove the lie easily, you should at least consult with a lawyer to draft an argument.

I have written about how to trap a liar and prove...
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1 Answer | Asked in Family Law for California on
Q: Do I have a right to a continuance to gather evidance?
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra answered on Jan 26, 2011

Possibly, if there is a reason why you have not done your discovery before the trial date or if some new piece of evidence has been discovered and you need to locate it properly.

You should speak to a qualified Family Law attorney Immediately.

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