Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?
answered on Jul 7, 2020
I agree that this can be done through adoption. But adoption must be approved by the court after a request for the adoption has been filed with the court. Think carefully about this because in order for the adoption to go through, the biological parent must give up his or her rights. That even... View More 
Yesterday was her with in order to pay child support it's dated November 13th when she filed but my son has lived with me since around halloween 2019. It wasnt planned for him to move in with me. I normally had him friday, saturday sunday, and would drop him off at school moday morning. My... View More
answered on Jul 7, 2020
If you were served with an order to pay child support, it could be a form from Child Support Services, or an order from the child support court, or it could be a document called Findings and Order After Hearing from the family law court, or it could be an Income Withholding Order, form FL-195, or... View More
My boyfriend mother and stepfather have my child I did give her temp custody good till Nov of this year. his grandmother came to me asked if we could do it through the courts and to not include her husband now he's on the guardianship papers he only lets me see my child 2times a month we only... View More
answered on Jul 7, 2020
It sounds like you may be in the Juvenile Dependency Court. If you are, you have been appointed an attorney. First you should ask your attorney your questions. Sometimes these court appointed attorneys are very busy, but that is the first place you should go. Be sure to read the court order.... View More
answered on Jul 7, 2020
It is possible that DCFS has already taken away your child and you have been sent to the Juvenile Dependency Court. If that is the case, you will be given an attorney in that court. The judge will make certain orders for classes for you to take. You must follow those orders. You cannot go to... View More
Abusing my son in order for me to be reunited with my children I have to complete parenting and anger management classes. What can happen if I enroll myself into a rehab center because I feel like I have a gambling addiction will this be a bad decision and hurt my chances of getting my children... View More
answered on Jul 7, 2020
It sounds like you are in Juvenile Dependency Court. If you are, the judge as assigned an attorney for you. The first person you should ask these questions to is your own attorney because he/she knows your case the best. The second thing you should do is get a copy of the orders by the judge.... View More
I am back in California. My time away was family issue. I came back in 2012 and idk if I want it to last. I know there was issues but I just wanted to know what my opinion are.
answered on Jul 7, 2020
Are you asking what are your legal rights in a domestic partnership, or are you trying to figure out if you want to stay with your domestic partner? Read your domestic partnership agreement again. This is the starting point for your rights. If you want to end the domestic partnership, you file a... View More
I recently went through a terrible loss; my 2 baby brothers and my Tia were murdered, so my ex decides to kick me while I’m down and file for Full custody AGAIN, because I was planning 3 funerals, dealing with the deaths of my brothers and Tia and grieving , my response was too late, I was 4 days... View More
answered on Jul 6, 2020
Someone needs to look at your court papers. If a motion for default was filed, it sounds like you were served with a petition. You don't say if this is a divorce case, a paternity case, or a straight child custody case. If it is really "a motion for default" then you can file your... View More
Judge ordered him to pay child support but he refuses to pay. What are my options?
answered on Jul 6, 2020
You have two separate questions here. First question: What if father refuses to sign final custody papers? What papers? A Marital Settlement Agreement? Or a Judgment ordered by the Court? Or something else? It depends on exactly what the order said. But the simple answer is you have to go... View More
We separated during Covid, have no children together and co-own the house that was bought with my money.
He was supposed to pay his half within a year and has not. A sellers loan was taken for that which is now due in a year. I can't get credit to take over that loan as I am an... View More
answered on Jul 6, 2020
You do not have to resolve the issue of reimbursement (if any) to your husband BEFORE you file for divorce. In fact it is not expected that you would. In the divorce case itself you will have opportunity to resolve it. You don't have to be a U.S. Citizen or have a green card to file for... View More
Hi,
I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... View More
answered on Jul 6, 2020
It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... View More
That person was still getting mail at the home with the partner in CA. That person was only gone for 6 months. The other person in the DP was suppose to eventually move to the one that was already out of state.
answered on Jul 6, 2020
Leaving the state does not void a domestic partnership. The grounds for cancelling a domestic partnership are the same as the grounds for dissolving a marriage: annulment, legal separation or divorce. Moving away out of state is not one of the grounds. A Domestic Partnership has to be... View More
answered on Jul 6, 2020
First you must read your divorce Judgment. In there are the exact court orders. If the judge ordered your ex to pay your student loan debt, and he/she hasn't, then you have to go back to court to enforce the judgment. If you ended up paying the student loan even though he/she was ordered to... View More
I’m 20, I got kicked out of my aunts house today without notice. I was there for 3 years. Where I am temporarily staying, I cannot have my cat. My aunt is now saying she will bring the cat to the pound tomorrow if I don’t go get her tomorrow. I’ll have my own place in 7 weeks, so I’m trying... View More
answered on Jul 6, 2020
If the cat belongs to your aunt, the answer is yes, she can take the cat to the pound. If the cat belongs to you, no she can't. A cat is considered personal property. If someone takes your personal property without your consent the remedy is to go to Small Claims Court asking the judge to... View More
My ex-wife has been overseeing my daughters special needs trust. I have reason to believe that she is submitting fraudulent receipts to be reimbursed for items she has not purchased. How do I go about getting a copy of the expenses? I have asked my ex wife and my family law attorney has also and... View More
answered on Jul 5, 2020
You have requested an "accounting" from the trustee of the trust, your ex-wife. Since you have received no response, you need to file a petition to the court asking to allow you to intervene in the trust on behalf of your daughter, the beneficiary, and then asking for an accounting. It... View More
His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... View More
answered on Jul 5, 2020
Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you... View More
Was a great guy,said I would abort but he insisted to be here and in my life forever . That weekend he left . Financially I was already struggling,I pray and jus hope
answered on Jul 5, 2020
If you are married and the relationship is over, you file for a divorce. If you are not married you can file for a "paternity" case asking the judge to order that he is the father, then ask for custody, visitation to him and an order for child support from him to help support the baby.... View More
I am currently completely dependant financially on him, since I dont have a work permit in the US. Also for the wedding it was agreed that we split expenses which never happened, I and my parents ended up paying for everything.
We don't have any children together.
answered on Jul 5, 2020
In the divorce you can ask for spousal support, formerly known as alimony. Spousal support for a marriage less than ten years can be paid for up to half the length of the marriage. For example if you were married before separation for 20 months you can ask for spousal support for up to 10 months.... View More
Its been 6 years now that her grandparents filed for and where granted guardianship i want it terminated but the misdomenor warrants hold me back can i file without taking care of the warrants
answered on Jul 5, 2020
You need to take care of the warrants first because if you don't and you go into the guardianship court without it, the fact that you have not taken care of the warrants will look very poorly on you. You want to be able to show the judge that you can take care of your life, by cleaning... View More
This is child custody case, with joint custody of both parents. Since one parent lives in California and the other parent out of state with summer visitation, the order suggests but doesn’t not order the receiving party of child be the parent to pick up the child.
answered on Jul 4, 2020
It means the two of you, the two parents, must work it out. It is not a court order. If you are using Talking Parents, talk back and forth on Talking Parents to work out the details. Talking Parents is an app that is commonly used in child custody cases in California. If you don't have it,... View More
The personal representative of my father’s estate told me that “there is nothing for me to inherit”. I had no reason to believe otherwise until a year later I found out that I was entitled to half.
Is there anything I can do to regain my inheritance or would the burden have been on... View More
answered on Jul 4, 2020
Ask the personal representative for an accounting of the entire estate. Put that request in writing and keep a copy. That starts the ball rolling. However if the personal representative is dishonest, he/she probably won't send you one. But it is good to ask anyway. Is there an open court... View More
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