Get free answers to your legal questions from lawyers in your area.
He is currently in a adult care home, developmentally disables, he is a client of inland regional center, they are saying that they take good care of him and a conservator is not needed. Isn’t family a better option than being a ward of the county?
answered on Jul 3, 2020
Family is not automatically better. Some families are horrible. Some families are very good. It is always decided case-by-case. If the Regional Center is fighting your request, I would not fight them alone. You need documentation why your family can take better care of him than they can. The... View More
We have one child and own a home. I really need to know where to start with a goal of needing the equity from our home to make this change in my life. Hope for guidance as to how to get started to not make a mistake along the way.
answered on Jul 3, 2020
If you live in Petaluma, always good to hire a local attorney near Petaluma. Best advice, call a minimum of 3 attorneys. Go for a first interview only. Don't sign up until you have talked to at least 3. Then decide. There will be pressure to sign up. But take your time. You will be surprised... View More
Old court docs say visitation every other weekend which I will keep available but has changed since CPS involvement on NCP side. Recent disomaster states NCP at 1% visitation time. The move is about 7 counties away. Child is 16 years old and living with father is legally not an option since CPS... View More
answered on Jul 2, 2020
You must file a Request for Order asking for a "move-away" order. It is done on form FL-300. You check the "other" box. It must be filed and served BEFORE you move.
Reason: Even if visitation is very little, your move disrupts the visitation, so therefore you need... View More
I was served back in February and the other parties paystubs are from December 2019 and January 2020 are those still valid? What happens if I can’t get help filling out the paperwork and submit it to the court before my court date which is about a week away?
answered on Jul 2, 2020
You should have been served with the blank forms that you need to fill out for court. Use those forms. If you don't have them any more call up the secretary for the other side and ask her/him to email them to you ASAP again. If you are in the regular family law court, those forms would be... View More
this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.
answered on Jul 1, 2020
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... View More
The mother up and left two years ago and moved to flordia. No agreement was made when she left and there has been no contact with her for that time. I’m looking at moving out of state. Do I have to file to leave the state?
answered on Jul 1, 2020
You said you have "full custody." Does that mean you have a court order that says so? If you have a court order, you need to always read the court order. Not all court orders are the same. Some say that you can't move without a "move away order," which means you have to... View More
She is not adopted but we have had her for 10 years.
answered on Jul 1, 2020
You don't list her on the divorce as your child because she isn't. You are only the guardians. You should still let the divorce judge know by listing the fact that you are the guardians on the "other" box on your divorce papers. The judge in the divorce needs to know the... View More
My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father
answered on Jul 1, 2020
The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... View More
Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... View More
answered on Jul 1, 2020
It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already... View More
Executor 1 is billing the estate whenever she is taking flights and purchasing other things. The whole family can not see how much she is charging the estate. The attorney for the estate is really only working with her and not to the wishes of our relative who has passed. Executor 2 is being kept... View More
answered on Jul 1, 2020
The short answer is: You can ask the executor to resign. If the executor agrees, then his/her resignation to must be done in writing and notarized. Then the will must be read to see who is next in charge. If what you are really talking about is a trust rather than a will, then you can ask the... View More
My child is 18 and graduated high school which meets my divorce agreement, that was Filed in County of Riverside in 2012. Someone mentioned I needed to file paperwork and I want to make sure that I snot the case as I cannot find that anywhere.
answered on Jun 23, 2020
The short answer is: it depends. If you are making voluntary child support payments which are not deducted from your payroll, but you are personally writing the child support checks, then read your agreement and make sure you are dong what it says and then just stop paying when the time is up.... View More
I work for my mom-my husband subpoenaed her small business for the payroll records and credit card statements.
Can't his lawyer go ahead and subpoena the payroll service and credit card company?
answered on Jun 23, 2020
If you think the subpena is asking for too many things, you would be making a claim that the subpena is "overly broad." You should discuss this with your own attorney. In certain situations an objection can be made to stop it or "limit" the subpena. It is not recommended that... View More
Time and take legal action. Can he say that to me? Is that allowed
answered on Jun 23, 2020
Both father and mother must take good care of the child, including the health of the child. However children get sick all the time for different reasons. They get colds, they get the flu, they fall and skin their knees. Does that mean the parent is a bad parent? No. So just because your son... View More
My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... View More
answered on Jun 23, 2020
You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney... View More
I haven’t received paperwork from court or anything , they refuse to let me pick her up
answered on Jun 23, 2020
Ask your parents for a copy of the papers. You are required to be served with the papers before the court order is effective. If they continue to refuse, ask them for the name of their attorney and phone. Call the attorney and go get a copy. If they don't have an attorney, or even if they... View More
Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?
answered on Jun 22, 2020
You need to petition the court in California for permission to leave the state of California with the children. It's called a "move-away order" You need form FL-300. When you move to Idaho it makes visitation for the other parent much more difficult. That's why you need a... View More
I am looking for a pro bono attorney or reduced fee attorney services.
answered on Jun 22, 2020
Here is an intoduction to annulment: Click on this link:
https://www.courts.ca.gov/1244.htm?rdeLocaleAttr=en
Yes, immigration marriage fraud is one of the grounds for annulment.
When you ask a question online, like here, the answers you get are only going to be basic... View More
answered on Jun 22, 2020
The short answer to this is No.
You need to file papers in court so the judge can give you time with your children.
When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find... View More
he is not the father and in prison
answered on Jun 21, 2020
The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... View More
It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... View More
answered on Jun 21, 2020
The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... View More
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.