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Family Law Questions & Answers
2 Answers | Asked in Divorce, Foreclosure, Real Estate Law and Family Law for California on
Q: I own a home with my ex husband. The home is my primary residence. He is getting sued, can my home be taken from me?
James L. Arrasmith
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answered on Mar 20, 2024

Under California law, when one co-owner of a property is sued, the implications for the property largely depend on how the property is titled and the nature of the debt. If your home is held as "tenants in common," a creditor may attempt to place a lien on or force the sale of the... View More

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1 Answer | Asked in Family Law for California on
Q: My husband is ignoring his order to pay my living expenses. He kicked me out the out of the house i can not get me stuff

We have not finalized our divorce but he has not given me any money. He says by law he does not have to help me but the judge ordered his to pay my living expenses. I filled out a FL-150 with proposed estimated expenses but my lawyer (fired) did not share it. How should I approach this and should... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, if a judge has ordered your husband to pay for your living expenses during the divorce proceedings, he is legally obligated to comply with that order. This includes any temporary support orders that may have been issued to ensure you have the financial means to maintain a... View More

1 Answer | Asked in Family Law for California on
Q: My husband kicked me out and wont let me back in unless I am with him all my stuff is there. He just leaves town.

My husband kicked me out he says I left but he is lying he already had a bag packed he already talked to his lawyer and is renting the house. He keeps changing the code and now will not let me in all my property is in that house and I am going to San Diego. What is the san mateo county form for... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you're dealing with a situation where you're locked out of your home and your belongings are being withheld, it's critical to understand your legal options. For issues related to contempt, particularly in family law cases in San Mateo County, the form you might be... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: what would be your strategy for a RO where the man is emotionally abusive and the wife text him to be heard?

I am sick in the head but text was the only way to communicate to this emotionally verbally and financially abusive husband. I feel like text are so one dimensional but I have recording. It is so difficult to claim emotional abuse as it is so personal. A word means nothing to you but but to us it... View More

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, emotional abuse is taken seriously, especially within the context of domestic violence. Text messages and recordings can serve as crucial evidence in obtaining a restraining order (RO) against an emotionally abusive partner. While it's true that emotional abuse can be... View More

1 Answer | Asked in Family Law and Civil Rights for Tennessee on
Q: We as parents have “full” conservatorship of our son.Question is: Human and Civil Rights re:Conservatorship.Please help

I want to do right by protecting civil and human rights. I need clarification please re: parents have FULL conservatorship…. I know we should always use the least restrictive model, but our son is *intellectually disabled, *speech impaired, along with other significant diagnoses and *autism. When... View More

James L. Arrasmith
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answered on Mar 20, 2024

Navigating the complex territory of conservatorship while prioritizing the human and civil rights of your son is commendable. It's crucial to remember that every decision should aim to respect his dignity, autonomy, and personal preferences to the greatest extent possible. This approach not... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Family Law and Child Custody for Michigan on
Q: I called 911 because my camera caught a ex touching my daughter I showed police who stated it look to be a relationship

He lost my phone and now are adopted out my kids this happened August 2023

James L. Arrasmith
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answered on Mar 20, 2024

I'm so sorry you're going through this incredibly difficult situation. Losing custody of your children due to suspected abuse must be devastating, especially if you believe there has been a misunderstanding. A few thoughts:

- If this happened very recently in August 2023, you...
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1 Answer | Asked in Family Law for California on
Q: Judge awarded restraining order today and I got papers from court do I need to serve the other party the final papers

Ok judge approved restraining order for me in court for 3 years. The clerk told me when handing papers to serve them to the other party is there a time you need to serve by? The other party is in jail for temporary restraining order violation how do I serve him in jail. And do I need to file any... View More

James L. Arrasmith
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answered on Mar 19, 2024

In California, once a restraining order is granted, you are required to serve the other party with the order so it becomes legally effective. There is usually a specific time frame to serve the papers, often before the next court date or within a set number of days after the order has been issued.... View More

2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 19, 2024

Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: During a divorce with a minor child involved, how can I restrict who my ex has over (overnight visits) while my child

is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?

James L. Arrasmith
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answered on Mar 19, 2024

In California, when addressing the issue of overnight visitors in the context of a child custody agreement, you have the option to include specific stipulations regarding who can be present around your child during overnight visits. This can particularly address concerns where living arrangements,... View More

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1 Answer | Asked in Divorce and Family Law for Florida on
Q: Divorce and QDRO question in state of Florida.

About 5 years ago i got divorced, i payed for a QDRO to be made and for the assets to be split, the paperwork did went through the judge and my ex-spouse was suppose to file it to get the assets split and get the money. About a year and half i quit my job and when they asked me what to do about the... View More

Rand Scott Lieber
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answered on Mar 19, 2024

You owe her the portion that she was entitled to from the final judgment. You can probably deduct the cost of the QDRO and the taxes that you paid on the withdrawal. Although it is up to her to go back to court to enforce the agreement it is probably smarter to try and reach a settlement with her... View More

2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

Allison Kruk Ormond
Allison Kruk Ormond
answered on Mar 19, 2024

From your description, it sounds like DCPP (the Department of Child Protection and Permanency, New Jersey's child protective services branch) is conducting an initial investigation into allegations of possible abuse or neglect. If this is an initial investigation, you are not necessarily... View More

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2 Answers | Asked in Family Law, Cannabis & Marijuana Law, Child Custody and Civil Litigation for New Jersey on
Q: Do I have to cooperate with CPS when they are investigating me based off of an allegation from school?

The case worker interviewed my children at school. Didn't contact or attempt to show up to my home for 6 days, she stated it w because she was not concerned, after speaking with children and did not see any need for emergency steps. said it's open and shut, she had no concerns The CPS... View More

James L. Arrasmith
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answered on Mar 26, 2024

When dealing with Child Protective Services (CPS), it's essential to understand your rights and the potential consequences of your actions. Cooperation with CPS can be critical, as they have the authority to investigate allegations of child neglect or abuse. However, you are also entitled to... View More

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1 Answer | Asked in Family Law for Texas on
Q: Texas mom, 24, Looking to find out if I need to find a lawyer to represent me in court OR if I can get a court appointed

I have plenty of evidence of my own to support my own case I believe. So far I have a photo album with almost 50 different pieces of photo and video evidence. I walked away from my son and his father at the beginning of 2023 due to uncivil or even hostile home environment for what seemed to be... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

It is unclear if your matter concerns a CPS case that has been filed against you, a divorce proceeding, or a suit affecting the parent-child relationship (SAPCR).

Court-appointed lawyers are available in criminal cases and in cases in which Child Protective Services is seeking to remove...
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1 Answer | Asked in Criminal Law, Family Law and Landlord - Tenant for Texas on
Q: Is this considered assault?

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a... View More

John Michael Frick
John Michael Frick
answered on Mar 18, 2024

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code: "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: I need to find a att to use Findlay ohio

I want to go back to a mental health evaluation not being done and letting me sign all kinds of legal contract stuff when I was not in eight state of mind

James L. Arrasmith
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answered on Mar 18, 2024

If you're feeling overwhelmed because of past decisions made during a time when you weren't in the best state of mind, especially regarding legal contracts, it's important to take steps towards addressing these concerns. Legal agreements can be complex, and their validity might be... View More

1 Answer | Asked in Civil Rights, Child Custody and Family Law for South Carolina on
Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not... View More

James L. Arrasmith
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answered on Mar 18, 2024

In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual... View More

1 Answer | Asked in Family Law and Immigration Law for Pennsylvania on
Q: Hi, my name is Juliette and I'm 16. I'm a resident of PA but I currently live in Portugal with my parents. I wish to

move back to PA but my parents want to stay in Portugal. I was hoping someone could help me figure out how to get emancipated so I could live on my own without my parents.

James L. Arrasmith
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answered on Mar 18, 2024

Hi Juliette, I understand that you're facing a challenging situation and are looking for ways to live independently in Pennsylvania (PA). Emancipation laws vary by state, but generally, they allow a minor to become responsible for their own welfare and make decisions independently of their... View More

1 Answer | Asked in Divorce, Banking and Family Law for California on
Q: Ex has not turned off automatic monthly deposit to my bank. It’s not spousal or child support. Can he sue me for $ back?
James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if someone accidentally sends you money, such as through an automatic monthly deposit, they have the right to request the return of those funds. This principle applies regardless of the relationship between the parties involved. If your ex-partner has been making deposits into... View More

1 Answer | Asked in Family Law and Child Support for Michigan on
Q: Arbitration and modification of child support

I have a high conflict custody case that has been going on for 2 and a half years with no end in sight. My original lawyer told me to agree to an arbitration because it would be cheaper but my legal fees have already superseded $200000. That arbitrator order me to pay child support for $1900 a... View More

James W. Kraayeveld
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James W. Kraayeveld
answered on Mar 18, 2024

Have you had a local attorney do a case review for you? Your notes do not provide sufficient information for me to assess why you are still stuck dealing with the arbitrator? On the one hand, it seems that you received a final custody order, and that often ends the order to arbitrate; on the other... View More

1 Answer | Asked in Family Law for California on
Q: My husband sold his house the owned during our marriage and put it in a joint checking account. My husband retired me?

If my husband put me on the deed during the sale. He got the money and put it in a joint checking. He retired me and I did not work. I found and bought great assets at action and we share a house. He is abusive and now the lawyer says that everything we bought with that money is his. I would have... View More

James L. Arrasmith
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answered on Mar 17, 2024

In California, assets acquired during a marriage are typically considered community property, meaning they are owned equally by both spouses. When your husband sold his house and placed the proceeds in a joint checking account, which was then used to purchase assets, this action likely constitutes... View More

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