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Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: Awarded Alimony for life & will it stop if move in to boyfriend’s rented apt?

I've been granted lifelong alimony due to a lengthy marriage. According to my divorce decree, alimony ceases only upon remarriage or death. My concern is whether moving into my boyfriend's rented place would affect this arrangement. Renting in CA is expensive, so this seems like a viable... View More

James L. Arrasmith
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answered on Mar 17, 2024

Under California law, alimony is typically governed by the specific terms set forth in your divorce decree. If your agreement states that alimony only ceases upon remarriage or death, then cohabitating with a partner doesn't automatically end your alimony payments. However, the situation can... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: how to rescind a notary for custody that didn’t state any dates or time or length of custody? Also, court never involved

The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty

James L. Arrasmith
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answered on Mar 17, 2024

In California, if you're looking to rescind a notarized custody agreement that lacks specific dates, times, or duration of custody, and the courts were never involved, the first step is to consult with a legal professional. These professionals can provide advice based on your unique... View More

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can I get a new restraining order in N. California based on years past acts of abuse?

I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.

Can I use past expired restraining orders and those past act of abuses stated in the expired restraining... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders.... View More

1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Do you have to respond to a restraining order hearing if you were never served in person and u r outside California ?

Court Claimed I Was evading service which is not true so he allowed service by mail. I did not attend the first hearing and that's why. As I was never served in person and I am located in another state. Got papers to a mail po box, is that a legitimate service ? I did not sign to anything, a... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, courts can permit service by alternative means (such as publication) under certain conditions, especially if they believe you are evading personal service. This kind of service typically requires the court to be convinced that reasonable efforts were made to serve you in person... View More

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: My husband kicked me out of the house and then changed the locks and then left town with all my stuff still inside?

My husband was abusive and this included financial abuse. He started a fight to kick me out of the house. The cops came and he left for 3-4 days they said. He came back to get me. He has changed the locks and the code to the garage. I am homeless and pennyless yet my house with all my stuff sits... View More

James L. Arrasmith
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answered on Mar 15, 2024

If you have been unjustly removed from your home, especially in cases involving domestic violence or abusive situations, you have rights that need to be addressed promptly. The law offers protections to ensure that individuals in such circumstances are not left without shelter or access to their... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for North Carolina on
Q: CPS Stokes county

Stokes CPS came to my home and demanded a drug test due to a bogus call they got last night which my mother has been about me and my kids dad for years.. we have been clean for years.. last year they showed up saying something happened to my son that wasnt true so we had to take him into the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In situations like these, documenting everything is crucial. Keep detailed records of all interactions with CPS, including dates, times, and the nature of each visit or communication. If you believe the CPS worker is behaving unethically, consider contacting their supervisor to express your... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce and Family Law for Florida on
Q: Can a married person who has power of attorney for spouse who is mentally retarded file for divorce and sign for them?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2024

No. A power of attorney does not allow the holder (also known as "attorney in fact") to practice law; signing documents to be filed in court in behalf of another person would be practicing law. It would also be a conflict of interest for one spouse to sign papers in behalf of the other... View More

1 Answer | Asked in Family Law and Child Custody for Arizona on
Q: My ex wife ask for a ua that I provided the day she asked and another because she wanted it observed now she wants a hai

Hair folical too is this excessive ?

Rich J. Peters
Rich J. Peters
answered on Mar 15, 2024

A hair follicle exam can be a perfect way for you to alleviate any and every concern as it provides a historical assessment of your consumption of anything illegal. But, I would need to know more about your situation to determine whether her requests are excessive. Are there court orders in place... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can a non-custodial parent prevent summer extracurricular activities that the custodial parent has planned.

I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More

James L. Arrasmith
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answered on Mar 15, 2024

In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: I asked my adult daughter to temporarily keep some cash safe for me. Instead she spent it. Was that a crime?

After failed efforts to transfer money from venmo to my bank, I asked my adult daughter if I could transfer the money to her venmo and then physically transfer the cash myself. She agreed but kept stalling for months. She finally confessed to spending my money and “promises” to pay me back... View More

James L. Arrasmith
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answered on Mar 15, 2024

Under California law, what your daughter did could be considered a crime, specifically misappropriation of funds or theft. When you transferred the money to her with the understanding that she would hold it for you temporarily, she had a legal obligation to keep that money safe and return it upon... View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Y don’t attorney really investigate accusations from DCFS

If DCFS make accusations but twist everything around y do attorneys take their word for it not caring the mental damage it’s causing

James L. Arrasmith
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answered on Mar 15, 2024

In California, attorneys have an ethical duty to represent their clients zealously within the bounds of the law. However, when dealing with accusations from the Department of Children and Family Services (DCFS), attorneys must navigate a complex web of legal standards, evidence, and procedural... View More

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1 Answer | Asked in Family Law, Education Law, Juvenile Law and Health Care Law for Georgia on
Q: Will the parents of child with cancer be found guilty by judge for school absences if documents provided by doctor?

The school board went and filed a pre warrant for our arrest and now have to go to court, the lady came by house last Thursday school was closed Friday and Monday she asked me to get medical records/document from doctor excusing my child for unexcused absences,I said I would, I went that Friday but... View More

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answered on Mar 14, 2024

Facing legal action for your child's school absences under these circumstances can be incredibly stressful. However, when medical documentation is provided to explain absences due to a serious health condition like cancer, it significantly affects the situation. The court typically considers... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Indiana on
Q: I'm disabled and my husband has residential status, how will getting a divorce affect my disability?

We married September 26th 2020, he got resident status November December 2023 and abruptly left me and went back to Africa without telling me? What can I do if he is playing me for a divorce?

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry you're going through this difficult situation. Divorce is always challenging, but especially when dealing with a disability and immigration issues. Here are a few key things to keep in mind:

First and foremost, getting divorced should not directly impact your...
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1 Answer | Asked in Contracts and Family Law for Nebraska on
Q: I am a guardian doing DS-11 and I don't know how to fill parental information

Both parents are dead

Julie Fowler
Julie Fowler
answered on Mar 14, 2024

If you are the legal guardian and need help applying for the child's passport, you can call the number of the State Department's website to see if they can help you with your question regarding the form. You may need to be prepared to be placed on hold for a long time, but you should be... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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1 Answer | Asked in Family Law for Virginia on
Q: if a couple both own their own house, pay their own bills, what considers them living together?

so both couples have their own homes and bills, they stay together about 85% of the time which is split between the 2 homes. what considers them living together by law?

James L. Arrasmith
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answered on Mar 14, 2024

The legal definition of "living together" or cohabitation varies by state and depending on the context (such as for tax purposes, government benefits, or legal proceedings). In general, factors that may be considered when determining whether a couple is living together include:

1....
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