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Questions Answered by Steven Lance Bynum
2 Answers | Asked in Family Law and Adoption for California on
Q: How do I share custody with the man who has been the father to my adopted kids and add his name to their birth certs?

We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.

Steven Lance Bynum
Steven Lance Bynum
answered on Feb 27, 2023

1. Common Law spouse is not recognized in California.

2. You can't just unilaterally add a man to the father's position on the birth certificate.

You will need to go through a stepparent adoption if you are married. Otherwise its an independent adoption and termination of...
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1 Answer | Asked in Divorce and Family Law for California on
Q: I served a QDRO to my ex for his signature but he refused to sign it. Just completely ignores it . what can I do ? Thank
Steven Lance Bynum
Steven Lance Bynum
answered on Dec 20, 2022

It really depends on what the rules are in your jurisdiction. For instance I typically send the order out for a signature with a letter asking for a return of the signed stipulation (or QDRO) within ten days. I typically send a second letter after the ten day period has expired with a further... View More

2 Answers | Asked in Divorce, Family Law, Estate Planning and Probate for California on
Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... View More

Steven Lance Bynum
Steven Lance Bynum
answered on Feb 23, 2021

You need to file the order nunct pro tunct. A QDRO attorney can assist you with this. CalPERS will still need to be properly joined into the matter. In what County do you reside?

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Is there a lawyer who can help defend the parents of an infant who is in the hospital (but they did nothing wrong)?

We have some family members who called 911 because their infant was acting strange/ irritated and seemed to have trouble breathing. When the first responders arrived they immediately asked “What did you do to your baby?”

Once at the hospital, the doctors told them that their son has... View More

Steven Lance Bynum
Steven Lance Bynum
answered on Nov 3, 2020

Your friends need a juvenile dependency attorney.

The Court will very likely appoint an attorney for each of the parents at the initial hearing. They can also hire their own private attorney.

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2 Answers | Asked in Criminal Law and Communications Law for California on
Q: Hello I have a bench warrant not sure out of what court but I know it was in 2014. How much would an attorney cost?
Steven Lance Bynum
Steven Lance Bynum
answered on Sep 1, 2020

It really depends on the court, the offense and the practitioner. Call around in your area to find out.

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3 Answers | Asked in Criminal Law, Federal Crimes and White Collar Crime for California on
Q: Hello my name is Erik, I’m 16 years old and I’m thinking about becoming criminal lawyer. I wanted to know steps

I wanted to know steps of becoming criminal lawyer and with details.

Thank you

Steven Lance Bynum
Steven Lance Bynum
answered on Aug 25, 2020

The steps to becoming a criminal lawyer are the same as the steps to become any other type of lawyer. You need to go to law school. Depending on your state and your goals, there are many avenues to get there. For instance, I went to graduate school and got my masters degree prior to going to law... View More

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3 Answers | Asked in Criminal Law for California on
Q: i have a misdemeanor charge how long can my arraignment be postponed due to the covid epidemic?
Steven Lance Bynum
Steven Lance Bynum
answered on Aug 19, 2020

Different courts allow different things. Some courts are very liberal with continuances whereas some courts are not as keen to grant a continuance. Hiring an experienced and competent attorney is your best bet during the COVID pandemic.

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3 Answers | Asked in Criminal Law and Elder Law for California on
Q: Hello I'm needing a lawyer for my wife she is accused of commenting elder abuse which was false she has court on 08/14
Steven Lance Bynum
Steven Lance Bynum
answered on Aug 8, 2020

In which California County are you located? I assume this is a criminal elder abuse matter? Please provide more information

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2 Answers | Asked in Criminal Law for California on
Q: I have a question about gunshot victims. If the victim decides not to press charges, will the state still pursue?
Steven Lance Bynum
Steven Lance Bynum
answered on Jul 29, 2020

The district attorney decides whether or not to file charges, regardless of whether or not you want to press charges. They may take your reluctance into account when deciding on filing charges.

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1 Answer | Asked in Family Law for California on
Q: Can I file a grandparent visitation petition now, during pandemic; can I file emergency order for visitation?

I’m on RSDI, can I qualify for fee waiver to file grandparent visitation?

Child, age 4, was involved in DV incident a week ago in front of parents and my son, father of child, said hurtful comments to him, “ I never wanted you/ be a father, wished mother of child would have had an... View More

Steven Lance Bynum
Steven Lance Bynum
answered on Jul 28, 2020

In California Grandparents do not have visitation rights necessarily. You might think about filing an emergency guardianship petition in probate court if you already have them in your custody.

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