Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Eliza Jasinska
2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I am looking for Pro Bono representation for child custody case with other party incarcerated for DV against myself.

Sentenced 10/2018 Parole Eligible 05/2029. We share 3 children under the age of 16. 14, 11, 9. I have affidavits for the older 2 but the last I listed no father. CA CPS Court recognized him as father of all 3. I am looking to obtain SOLE custody of all 3 mainly due to unhealthy communication from... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jun 6, 2022

Please discuss the facts with a local family law attorney. The incarceration of a parent, which sometimes follows an application for a domestic violence restraining order, is a significant factor that will require detailed fact-finding by the court so as to make appropriate orders. This is... Read more »

View More Answers

1 Answer | Asked in Child Support for California on
Q: I’m a Realtor in California and my license was suspended two months ago due to an error from child support.

My listings and my clients have been on hold also checks for me. I worked one month with a suspended license until a client complained and that’s how I found out.

Eliza Jasinska
Eliza Jasinska
answered on Mar 28, 2022

Please discuss this with the family law attorney. You might qualify for a set aside due to the lack of notice/

A family law litigant may be able to obtain a set-aside of a default and a default judgment for support based on a lack of notice of the action. However, a successful set-aside...
Read more »

1 Answer | Asked in Health Care Law for California on
Q: high funct autistic, went to hospital for tooth abscess ended up in ICU on a ventilator code blue sepsis, pneumonia NMS
Eliza Jasinska
Eliza Jasinska
answered on Mar 24, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. Please discuss your particular case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I was declined to give me colonoscopy when I asked her for it twice after I consulted her with my underlying symptoms,

Which includes blood in the bowel back in January and March, 2021. Then in Mid June, 2021 I was diagnosed with Stage 3 Metastatic Colon Cancer that originated from a polyp that could have been removed from a colonoscopy procedure before it turned into cancer.

Eliza Jasinska
Eliza Jasinska
answered on Mar 23, 2022

Please discuss your case with the attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify that the healthcare... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Is this malpractice?

Uncle passed due to heart attack. He did not have his high blood pressure medicine. His primary care doctor at Kaiser retired and was in the midst of refilling his prescription. He was unable to fill it and passed shortly.

Eliza Jasinska
Eliza Jasinska
answered on Mar 6, 2022

There are many kinds of medical malpractice cases and each one requires a specialist to evaluate facts and applicable law. If your loved one was injured while receiving care from a medical professional, please contact medical malpractice attorney immediately for a free evaluation.

Some of...
Read more »

4 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: is there a statue of limitations on medical malpractice.my father was dropped while in hospital,he walked in and now is

in a wheelchair and has no use of his legs;he has to have 24 hour care by mother who lost her job because she had to stay home with dad

Eliza Jasinska
Eliza Jasinska
answered on Feb 25, 2022

Please contact the medical malpractice lawyer right away and discuss the case. In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of the action shall be three years after the date of injury or one... Read more »

View More Answers

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: How can my husband adopt my son, his stepson.

My son is 14, he has never met his biological father and has no father listed on his birth certificate. My son and my husband want this adoption. My son wants to change his last name to our last name.

Eliza Jasinska
Eliza Jasinska
answered on Feb 12, 2022

It is a fairly simple process. Custodial parent and stepparent will fill out court forms, there will adoption investigation, consents must be obtained. The court will schedule a hearing. You will get a copy of the adoption order from the court, and the amended birth certificate will be mailed to... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I have primary physical custody at an 80/20 timeshare. We want to move out of CA. What are my chances of winning?

I have not filed yet but have been talking to the other party about the move. My child is 10. I currently homeschool him and I work remotely. My parents, grandparents and sister’s family are also moving. We all want to live close by in tennessee. They are our main support system. The other party... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 12, 2022

In general, when the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that the change of custody will be in the... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for California on
Q: My divorce papers say my ex and I have to split the property that is in the house. Our divorce was final in July 1, 2019

He hasn't live in the home since end of December of 2019. I told him he needs to get his stuff out of the garage and he is wanting to get half of the property in the house. I believe that it's been abandoned and that I am being nice letting him get stuff from the garage. I told him he... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 8, 2022

Please discuss with an attorney. The answer depends on the details in your MSA. An attorney must review your agreement in order to properly advise you of your rights and obligations. In general, as soon as practicable after the effective date of this agreement, the parties will meet for the purpose... Read more »

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: My soon to be ex-wife of 4 years refuses to become a citizen and plans to use the affidavit of support against

She refuses to become a citizen in order to use the affidavit against me. She cleans houses and does not have earned credits, has been lying to the court in our divorce case claiming we were married in 1994 when in reality we married in 2015-as noted on her immigration application. She is... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please discuss your case with a competent family law attorney. In general, in addition to considering the marital standard of living when ordering long-term spousal support, the court must consider all of the following 14 circumstances (also called "4320 factors") that apply to the... Read more »

View More Answers

4 Answers | Asked in Personal Injury, Health Care Law, Medical Malpractice and Nursing Home Abuse for California on
Q: My mom is 83. After a leg amputation the rehab nurse gave her COVID, she has bruise above her eye, horrific bed sore.

The rehab refused to let us see or speak to her. She was there only 2 weeks as we insisted on bringing her home. The rehab said we wouldn't be able to care for her, she was COVID and would have to wait. Only the fact that she got an infection and had to be rushed to emergency we were able to... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Feb 6, 2022

Please have your mother evaluated by a qualified doctor and document all of the injuries. Having a complete set of medical records is crucial in any negligence case. Abuse and Negligence can occur at home, home health agencies, assisted living facilities, residential care facilities, skilled... Read more »

View More Answers

1 Answer | Asked in Family Law for California on
Q: I have joint custody. Trying to move out of state. Doesn't state full legal. But I have full decision for school n medic

Joint custody. I have full medical and school decisions. But doesn't specify as full legal. Can I move out of the state?

Eliza Jasinska
Eliza Jasinska
answered on Feb 4, 2022

Please discuss your case with a family law attorney. When the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that... Read more »

5 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in a vehicle accident that was not my fault. Totaled my vehicle and fractured my sternum how long will it take?
Eliza Jasinska
Eliza Jasinska
answered on Feb 3, 2022

Compensatory damages could include medical bills, the missed from taking too many sick days, and pay lost in the future from a reduced capacity to work. Also, many courts will consider many different types of injuries. For example, if the plaintiff was badly frightened and suffered nightmares,... Read more »

View More Answers

1 Answer | Asked in Child Support for California on
Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?

On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may... Read more »

2 Answers | Asked in Family Law for California on
Q: I have a spousal support modification hearing March 1st. I just found out my terminally ill mother will be passing in

the next few few weeks. I thought I could ask the court for continuance so I can fly back to the east coast for her passing/ funeral. I am now being told there would have to be an exparte hearing because the other party won't agree to it and more than likely he will ask for Temporary orders... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 27, 2022

The purpose of a request for emergency orders is to address matters that cannot be heard on the court's regular hearing calendar. The process is used to request that the court make orders to help prevent an immediate danger or irreparable hard to ta party or to the children involved in the... Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law for California on
Q: What legal recourse do I have for a neighbor who allowed their dogs to run free for months and kill 18 cats in our area?

The neighbors moved to our area and never kept their dogs contained. The three dogs packed up and killed 18 cats in our neighborhood. They are seen on security camera chasing cats away and even killing them on their own porches. The owners claim they had no idea of what their dogs were doing, but... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 15, 2022

Please discuss with an attorney. The best thing to do is to report to the local animal control. Plaintiffs in animal cases often claim that homeowners, landlords, and homeowners' associations owed them a duty of care and that their failure of care was negligent. Negligence is analyzed under... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Post-surgical complications (in CA)?

I have had surgery twice on the left shoulder. 4 years later I am still experiencing pain and instability. Do I have any recourse?

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... Read more »

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... Read more »

View More Answers

2 Answers | Asked in Medical Malpractice for California on
Q: Can I pursue a medical malpractice lawsuit?

I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.