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Questions Answered by Tobie Brina Waxman
1 Answer | Asked in Family Law for California on
Q: My husband was served divorced papers 2 years ago, would like to be guided with the process, nothing is done after that

Would like to know what’s the next thing be done I would like to continue the process

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 5, 2022

How can he be your husband while still married to someone else? If he needs an attorney, there is a directory on this site.

1 Answer | Asked in Divorce for California on
Q: I need steps to get a divorce the cost for a divorce how to go about getting my name off the house and truck loan.
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 2, 2022

The Superior Court's website contains a self-help link which includes a list of the steps in a divorce. Otherwise, hire an attorney who will take those steps for you and on your behalf.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Ex husband has not seen our child in a year . He claims I won't allow him to see our child

He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 20, 2022

Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not... Read more »

2 Answers | Asked in Child Custody for California on
Q: What forms do I need to request a new order for custody and visitation
Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

To modify existing court orders or to obtain new orders, you would file a Request for Order (form FL300). The FL300 would be supported by a declaration (not a form) and assuming the modification you seek will impact child support, you will also need to fill out and file and serve a new Income... Read more »

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2 Answers | Asked in Family Law for California on
Q: Do the rules for filing a response to motion apply to motion for JOINDER in family law case California?

I have read that the party has 15 days to file a response to a motion in California courts but I'm not sure if it applies to the motion for JOINDER family law case.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

A motion is a motion. What would be your basis for opposing a joinder?

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2 Answers | Asked in Wrongful Death for California on
Q: So I should seek out a medical malpractice lawyer?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 31, 2022

If you suspect medical malpractice caused the death of a close relative, then you should consult with an attorney to determine whether your claim is viable and regarding your rights. Note that there is a 1-year statute of limitations on wrongful death claims that are based on medical malpractice.... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the procedure will be like after I filed a motion to modify existing orders to include a "move away" order?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hi, How can I change my current custody order?

I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: I sold 100% of my business a year before I got married and agreed to take monthly payments per the sale agreement.

I sold 100% of my shares in a business a year before I got married and agreed to take monthly payments per the sale agreement. If I were to divorce, would my wife be entitled to any portion of the monthly payments received after the marriage? I live in California.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

The monthly payments would count as income available for calculating spousal and child support.

1 Answer | Asked in Divorce for California on
Q: I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agr

I’m researching for a good friend -Jovita who is being pressured by her husband to sign divorce documents/agreement without any attorneys involved.

My friend isn’t very sure how n what is all included in a divorce, she is a housewife and doesn’t make enough money to hire an attorney... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 18, 2022

She can file a motion with the court for an order that her spouse help with her legal fees. Or she can use a joint credit card or bank account to pay the attorney’s retainer fee.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

2 Answers | Asked in Family Law for California on
Q: If you served someone but they didnt provide it to their lawyer, can lawyer still file a change of court date ?

Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?

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3 Answers | Asked in Child Custody for California on
Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?

The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child... Read more »

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2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case?

My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

What's the injury? Did the delay in treatment cause any additional injury; exacerbate the original fractures? There is no malpractice without causation. i.e. a causal relationship between an identifiable act of negligence and resulting injury.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Relocation with child within same state (CA) and no custody order. What are my rights?

Father and I are not married and never have been. I take care of child 90% of the time.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage... Read more »

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2 Answers | Asked in Divorce, Family Law and Civil Rights for California on
Q: If my divorce isn't final yet but we have been separated for a few years. Can my boyfriend sign the baby's birth cert?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 21, 2022

If boyfriend is the baby's father, then yes. The status of your divorce is not relevant, i.e. it has no impact on who is supposed to sign the birth certificate.

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2 Answers | Asked in Adoption and Family Law for California on
Q: My husband in the process of a step parent adoption. But two months ago, he was arrested for DV. The case is still pendi

I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 21, 2022

I don't see a question here. Whether the DV case will impact the adoption depends on factors not provided in your question.

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2 Answers | Asked in Divorce and Child Custody for California on
Q: I'm looking for a family law lawyer, I'm trying to get divorced and visitations with my kids .I want joined custody
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 20, 2022

Are you using this post on Justia to find a lawyer? We are not supposed to solicit business in this manner. You can go to an attorney's profile here on this site and call them. That's how you find a lawyer.

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1 Answer | Asked in Divorce for California on
Q: I was married for 5 years. I am on disability and my future ex-husband makes good money. Can I ask for spousal support?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 5, 2022

Yes, you can ask for spousal support.

1 Answer | Asked in Family Law for California on
Q: If a new boyfriend remodels my home as a gift to me and we end up marrying will he have any entitlement to my home.

We never had any oral or written agreement that the gift would entitle hom to anything although he does have all the receipts to the work he had done.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 1, 2022

He could claim entitlement to reimbursement and make a claim that his contributions increased the value of your separate property home. I recommend you get a prenup. If you are living together, you can also get a cohabitation agreement (similar to a prenup)

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