Thomas D'Arcy Ferreira

Thomas D'Arcy Ferreira

Law Offices of Thomas D. Ferreira
  • Appeals & Appellate, Arbitration & Mediation, Divorce...
  • California
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Summary

California family lawyer and credentialed mediator . Practiced personal injury and workers' compensation litigation 1988-2007. Joined Kegel, Tobin & Truce in 1990, managing shareholder in 2002. January 2008, transitioned to family law and mediation after divorcing. Current practice emphasizes resolution of conflict for the sake of children, and cost-effective methods to get through divorce. AAA neutral in insurance litigation. 3 published Ct. of Appeal Cases and 1 before the Cal. Sup. Ct.

Practice Areas
  • Appeals & Appellate
  • Arbitration & Mediation
  • Divorce
  • Domestic Violence
  • Family Law
Additional Practice Area
  • Child Custody / Co-parenting
Jurisdictions Admitted to Practice
California
Professional Experience
Attorney/Mediator
Law Offices of Thomas D. Ferreira
- Current
Solo practice devoted to helping divorcing couples and parties navagate the court system, achieve cooperative co-parenting arrangements, resolve issues of support and property division. 90 percent mediation, 10 percent litigation, mostly in San Diego Superior Courts.
Managing Shareholder
Kegel, Tobin & Truce, APC
-
Began as associate, achieved shareholder status in 2002 and founded the San Diego Branch office in 2003. Handled full load of workers' compensation defense files from case inception through trial and appeal. 3 published Court of Appeal cases, 1 Cal. Sup. Court case.
Associat attorney
Egger & Hallett, APC
-
Handled full case load of workers' compensation defense files, on behalf of employers and insurance carriers.
Associat attorney
Law Offices of Thomas W. Moga
-
Represented plantiffs in personal injury and workers' compensation matters, from case inception through trial and appeal. Representation included jury trial, arbitration and law and motion work, and administrative trials before the Workers' Compensation Appeals board.
Education
University of San Diego School of Law
J.D. (1987)
Honors: Brundage, Williams & Zellman Award for Excellence in Labor Law; AmJur Award, Labor Law
Univ of California San Diego
B.A. (1984) | Political Science/Communications
Professional Associations
American Arbitration Association
Neutral
- Current
North San Diego County Bar Association
Member
- Current
California State Bar # 131885
Member
- Current
Certifications
Credentialed Mediator
National Conflict Resolution Center
Legal Answers
7 Questions Answered

Q. I have not served the petitioner. but would like to change physical custody to joint custody? how can i do that?
A: 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 can always change the custody arrangement by agreement (stipulation) unless the custody arrangement you seek is not in the child's best interests (eg because of domestic violence or habitual substance abuse). I'm not sure I understand what you mean when you say that you "filed for sole physical custody." If you have an existing dissolution of marriage or a paternity judgment, and you filed a motion or order to show cause hearing requesting a change of the custody order, you can file a written request to withdraw the motion or to vacate the OSC.
Q. California, how do I add more documents to the restraining order I filed?
A: 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. Each county's court has a website where you can access these rules. In general, you should prepare the declaration using the appropriate Judicial Counsel form (see www.courtinfo.ca.gov), and make sure it's served on the other party or their lawyer if they're represented. Be careful, as there are time limits on supplemental declarations. If by "documents" you mean business or medical records, most counties' local rules will require a Notice of Lodgment, with the documents attached. Different counties have different rules on how and when to submit a Notice of Lodgment but as a general rule, it is important to serve the Notice and the exhibits on the other party or counsel prior to filing them. Bring an extra copy of all filed documents to your hearing in case they don't make it to the court's file.
Q. My childs father is residing in the state of michigan & im persuing child support how can i locate him im in california
A: 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 perform a person search. In the county where I practice, San Diego, you can initiate your DCSS case by filling out an on-line application. Search for the DCSS office in your county.
Q. Can a child leave school at the age of 18 without parents consent?
A: 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 (EC 48410(e)).
Q. Why am I paying for his drug testing?
A: 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 spouse to ensure equal access to the courts. Under this section, judges are now required to perform he needs – based assessment whenever attorneys fees and costs are requested. Nevertheless, you may have arguments in your favor, as judges still have significant discretion in making these awards. You'll want to bring up facts suggesting that spouse impeded settlement efforts, acted unreasonably or in bad faith. See family code section 271. Depending on the amount in controversy, you may wish to retain an attorney to either appear for the motion or draft your responsive declaration. Good luck.
Q. Is it true that FL679 can only be used in child support cases? I have a custody/divorce case in Ventura County Court
A: 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 Child support services. I practice in San Diego County, but I was able to find answer to your question by reviewing Ventura County's local rules. Go to http://www.ventura.courts.ca.gov to find these. You certainly do not want to be a "no-show" for your hearing in Superior Court. This strategy will expose you to order from the California court that will likely be enforceable in Georgia, where you live. California Rules of Court can be found at www.courts.ca.gov, and you'll want to look at rule 3.671(g) (1) (B) providing that three days written notice is required before the court hearing. You need to give notice to the other side, either by telephone or in writing, that you intend to proceed in this fashion. Also, you will want to read Ventura local rule 700, relating to telephone appearances. Go to http://www.ventura.courts.ca.gov/pdf_files/ventura_county_court_rules.pdf for the complete text of Ventura's local rules. I am assuming that you are self – represented.I feel your pain, as I had a devil of a time finding telephone numbers for this court.the number for family law is (805)654-2261. The number of the self-help legal access center is (805)654-3962. I would urge you not to wait until tomorrow, but to call today and find out from a live person how to proceed with a telephone hearing in Ventura. You may also wish to contact an attorney specializing in family law, who practices in the Ventura area. I hope I have been of some assistance here.
Q. I need to modify an existing order. Where can I find "stipulation and order re:child care,custody & child support" form
A: 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 that you will have to attach additional forms to your stipulation to describe the parenting plan that you are agreeing to. Those forms are also in the 300 series. Local forms and instructions can also be found on the website for your count's Superior Court office. You should be able to find this site by searching "Superior Court" and your County's name. Good luck!
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Contact & Map
Law Offices of Thomas D. Ferreira
2244 Faraday Avenue, No. 115
Carlsbad, CA 92008
USA
Telephone: (760) 990-4752
Fax: (760) 683-3212