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California Family Law Questions & Answers
0 Answers | Asked in Child Custody and Family Law for California on
Q: My ex-husband has custody of our children. I recently purchased our daughter a phone. He took it away. Biological

I am the biological mother. I have visits but he does not follow the order. He sends our children when he is ready. Never when I want to take them to church with my parents. Her Grandparents

0 Answers | Asked in Family Law and Child Custody for California on
Q: Parenting time

My ex wants our son every weekend but refuses to have a set schedule of when he will pick up or drop off. His schedule is all over the place. I’ve asked him multiple times that I need a set schedule and even reached out to his lawyer with no luck. I’m PROPER and don’t know what to do. Any... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Is joint legal and physical a big ask for the father?

Petitioned for custody in March of 2023

Could not locate respondent so asked judge for service by posting April of 2024

Service by posting currently in place (waiting on posting period to be over)

Would like joint custody (mother as custodial parent)

Mother claims to... View More

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answered on Apr 30, 2024

Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More

2 Answers | Asked in Family Law for California on
Q: How do you enforce a verbal / signed custody agreement with both parents - if you never added it to the divorce ?

both parents verbally agreed to a custody agreement, signed a contract that was never notarized.

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answered on Apr 30, 2024

In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:

1....
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1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug

I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More

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answered on Apr 30, 2024

I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More

2 Answers | Asked in Family Law, Real Estate Law and Tax Law for California on
Q: Father passed in CA but owned rental property in NJ, only moved there during COVID-19, how do I transfer property deed?

I have copy of Will, I am primary executor and sister is co-executor. We want to avoid probate split rent, property taxes, and transfer property deed in our names.

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answered on Apr 30, 2024

I'm sorry for your loss. Transferring property ownership after a parent's death can be a complex process, but here are some steps you can take:

1. Review the will: Carefully read the will to understand your father's wishes regarding the NJ property. If the will clearly...
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1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

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answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: my daughters residence is CA and is now in NC because of a custody order that was filed there, what steps do I take.

My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.

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answered on Apr 27, 2024

In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is NC out of jurisdiction for removing my daughter without mother’s consent?
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:

- Is there an existing court order regarding custody of your daughter? If so, what state...
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1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Family Law and Small Claims for California on
Q: Hello. Is it possible to sue the father of my kids. We were together 10 years broke up about two years ago i have proof

That he does things to me deliberately to get me upset he sent me a screenshot of him sending a message to his brother and him saying that he wanted to let me mind wander I feel this is deliberate we have a special needs child and sometimes I worry. His text proves that he does things on purpose to... View More

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answered on Apr 25, 2024

While your ex-partner's behavior is concerning and understandably upsetting, it may be challenging to sue him based solely on the information provided. To determine if you have a strong legal case, consider the following:

1. Harassment: If your ex-partner's actions constitute a...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

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answered on Apr 24, 2024

In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

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answered on Apr 22, 2024

In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My niece lives in Arizona with her son. At this time they are homeless. My niece has several dogs and will not give them

up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will... View More

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answered on Apr 22, 2024

In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the... View More

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