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Andy Cook

Andy Cook

Law Offices of Andy Cook
  • Divorce, Family Law, Domestic Violence
  • California
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Summary

Andy Cook is here to help you! With a great courtroom presence (he used to be a professional announcer) and strong writing skills, Andy is able to get your message across to the many family law judges in San Diego County.

Andy Cook handles family law matters exclusively. He has one associate attorney and has run his own practice in the Bankers Hill area of San Diego, located about a mile from the main San Diego Family Law Court, for over 23 years. Andy has been Certified as a Family Law Specialist by the State Bar of California, Board of Legal Specialization for over 15 years and has been rated "AV Preeminent" by Martindale Hubbell's Peer Review program. He was a member of the Board of Directors of the San Diego County Bar Association from 2013-2016.

Andy is a member of the California Association of Certified Family Law Specialists; the California Lawyers Association (and its Family Law section); the San Diego County Bar Association (and its Family Law section); and the San Diego County Family Law Bar Association.

Andy is a graduate of the University of Vermont and California Western School of Law.

He lives in the Carmel Valley section of San Diego.

He is married with two children.

Practice Areas
  • Divorce
  • Family Law
  • Domestic Violence
Fees
  • Free Consultation
  • Credit Cards Accepted
    Visa, MasterCard, Discover, American Express
Jurisdictions Admitted to Practice
California
9th Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
Professional Experience
Owner
Law Offices of Andy Cook
- Current
Exclusive Family Law practice in the Bankers Hill area of San Diego.
Education
California Western School of Law
J.D. (1993) | Traynor Moot Court (co-champions brief writing and second place oral argument) and National Moot Court Competitions
Honors: First Year Honors Instructor
University of Vermont
B.A. (1984) | Major in History
Awards
Best of the Bar, 2017
San Diego Business Journal
Best of the Bar, 2016
San Diego Business Journal
Awarded in the Category of Family Law
Professional Associations
California Lawyers Association
Member
- Current
Activities: Member of Family Law section
California Western School of Law Council of Visitors
Member
- Current
Tom Homann LGBT Law Association
Member
- Current
Lawyers Club (San Diego)
Member
- Current
Consumer Attorneys of San Diego
Member
- Current
(California) Association of Certified Family Law Specialists
Member
- Current
State Bar of California # 171354
Member
- Current
San Diego County Bar Association
Member at Large
- Current
San Diego County Bar Association
Member, Board of Directors
-
California Western School of Law Alumni Association, Board of Directors
Member
-
Speaking Engagements
Speaker, Divorce Cases from Start to Finish for Paralegals, San Diego
National Business Institute
Speaker, Periodic Meeting, San Diego
San Diego Chapter, California Society of Certified Public Accountants
Panelist, What Family Law Judges Want You to Know, San Diego
National Business Institute
Panelist, Roadmap Through Divorce Proceedings, San Diego
National Business Institute
Panelist, Handling Military Issues in Family Law, San Diego
Halfmoon Seminars
Faculty Member, Advanced Family Law, San Diego
National Business Institute
Moderator, What Family Law Judges Want You to Know, San Diego
National Business Institute
Co-presenter of Case Law and Statutory Update, 28th Winter Seminar of the Certified Family Law Specialists of the San Diego County Bar Association, San Diego
San Diego County Bar Association
Moderator, Judges' Orientation Program - Family Law, San Diego
San Diego County Bar Association
Moderator, As Family Court Judges See It: Top Mistakes Attorneys Make in Litigating Divorce, San Diego
National Business Institute
Moderator, As Family Court Judges See It: Top Mistakes Attorneys Make in Litigating Divorce, San Diego
National Business Institute
Certifications
Family Law Specialist
State Bar of California, Board of Legal Specialization
Websites & Blogs
Website
Website
Legal Answers
64 Questions Answered

Q. Child support over 18
A: I need to know what court is in charge of this case, i.e., that is, is it in California, where I practice, or Texas, where your question indicates you are from (Houston) and where I am not licensed to practice. Under California law, child support ends when the child turns 18, unless the child is a full-time high school student (and some other factors also apply). If the child is "barely" going to school, it doesn't sound like he's a full-time student. There are exceptions under this California law. One would be if you owe past support; you have to pay that no matter how much time has gone by. Second would be if you, in a previous court hearing or court filing, agreed to pay child support longer than what would otherwise be the law in California. Third, and this probably does not apply, would be if your son is incapacitated and cannot work and is likely to end up being supported by the government.
Q. Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?
A: No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from the father that he is using illegal drugs, a declaration from you that you recently saw the drugs and have knowledge what the drugs in question look like (and where you found the drugs); or other admissible evidence. You may or may not have to tell the father that you are going to court on an emergency basis. I am assuming that you are the other parent not a third-party. If you are asking for supervised visitation, the court will have to decide whether the visitation is professionally supervised or may be supervised by a mutual acquaintance and who that acquaintance should be; and if it is professionally supervised, who should pay for it. But even if the court awards you supervised visitation for the father, there will have to be a follow-up hearing where the court has more time to listen to both sides of the story.
Q. Does visitation order start after serving the other party with the court order?
A: It depends whether the judge said at the hearing that the order is "effective forthwith". If so, it doesn't matter when the written order is filed or served. If the judge was silent on this issue, the order is effective upon service of the Order.
Q. My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?
A: File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference, but given his age, his preference is highly relevant. And, if there's abuse, the Court should grant the request automatically, since safety of the children is one of the top concerns when deciding custody and visitation.
Q. The findings and order after hearing was filed incorrectly. I was served 7 days after it was filed plus other errors
A: I would need more information, but I would want to know whether there was a court reporter present so that there is a transcript available to purchase that shows what the judge actually decided; who :they" are, who said you needed to file an RFO to correct what seems like an obvious mistake; were you given a copy of the proposed FOAH prepared by the other party before it was filed; and, whether the judge said on the record that the orders being made were "effective forthwith" (or not). It is also important to know which county the case was heard in, because each California county has its own set of local rules. Courts technically have the right to change their mind after the hearing, but it is rare and usually is only done after giving the parties another chance to be heard. But this seems like an obvious mistake -- not a case of a judicial change of mind. You could file a motion for reconsideration, but it has to be filed within ten days after you were served with the FOAH. And you would not get any relief until the hearing on the motion for reconsideration. You might be better off seeing if you can get this corrected at a properly noticed ex parte hearing. Usually an ex parte hearing is scheduled for the next court day or two upon request; and, if it concerns custody, there needs to be an emergency involving imminent harm to children or a risk that they will be removed from the state (or domestic violence). But ex parties also can be used to address scheduling and, possibly, procedural and other issues that involve processing paperwork but where a judge's signature is needed. As for the delay in your being served, I don't think that's the problem. The problem is what the FOAH that the judge signed said.
Q. I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.
A: The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this, however, is to file a request for legal separation, which has no residency requirement other than current residency. Then, when the residency requirement is met in the future, she can amend her petition from legal separation to divorce. If you move to quash, you are doing so on jurisdictional grounds. There may also be a way to challenge Riverside County on venue grounds, which is a different issue but one that might make more sense depending on the facts.
Q. I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.
A: A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving, such as retirement, social security, etc.
Q. Can I request a postponement, by one day on an ex parte order for a restraining order?
A: It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the case.
Q. I have some questions regarding a divorce
A: Just call 619-515-9900 for a free consultation any time.
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1901 1st Ave
2FL
San Diego, CA 92101
USA
Telephone: (619) 515-9900
Fax: (619) 515-9898