Get free answers to your legal questions from lawyers in your area.
answered on Jun 15, 2017
Since cheating is irrelevant in California divorce law, it won't be an issue. If she's not a detriment to the children, etc., she will most certainly get some type of child custody and visitation. Consult with a local family lawyer before deciding on how to proceed.
I have physical custody but we have joint custody. My daughter is 8 and she wants to travel with her grandma to Mexico to visit her other grandma. She's traveled every summer the same way. But this year because of the divorce, my ex doesn't want to let her travel. Is there anything I can do?
answered on Jun 15, 2017
See if your ex will accept a written agreement to bring her back and provide him with an itinerary. You can even make it a stipulation that is filed with the court as a court order. If the ex still insists on not letting her go, you may need to file a request for order.
answered on Jun 15, 2017
There is a possibility that the house is not community property. The house may be your ex's separate property. However, there may be circumstances that allow you to have an interest. Consult with a family law attorney. You probably won't get your answer unless there's a complete analysis.
Hello, i have a concern i am legally married and have not been living with her for 2 years already had 2 kids with her and i recently started dating someone and my ex found out and will not let me see my kids but i am legally paying child support. is me dating someone while still married a bad... View More 
answered on Jun 15, 2017
Dating someone else while married is irrelevant in California and it is not bad that you're doing that. It doesn't sound like your significant other is problematic, etc. since you probably would have mentioned that in your posting. You may need to file a request for order for child... View More
No court order for visitation rights, has no place to go in S. Carolina, can she leave state with child?
answered on Jun 12, 2017
Consult with a local family lawyer in South Carolina since most California lawyers are not licensed in S.C. Based on the actions of the parties and when, if at all, a parent leaves the state, jurisdictional requirements will apply. Attorneys in S.C. can provide more specificity. This certainly is... View More
She plans on moving there because her husband got a job there
answered on Jun 7, 2017
If there are no court orders, there won't be any consequences, such as contempt of court. If there is a case, automatic temporary restraining orders would prevent her from moving unless she had your written consent or an order from a judge. The family law court calls this a move-away or... View More
He has mental illness.will that be of help with regards to his case?
answered on May 28, 2017
The wife will most certainly be subpoenaed for a trial. If the wife is served with a subpoena, the wife must appear at court. The wife may need to hire her own lawyer for counsel. It's possible that a mental illness could help mitigate some aspects of the case, but there still will most likely... View More
vehicle at the time. Both were unaware to the vehicle being past due and already reported stolen by rental agency. Defendent is being charged with 10851&PC666.5 and his girlfriend was not arrested. Defendant's plea is not guilty. Can you offer any advice on how he may be able to strengthen... View More
answered on May 28, 2017
The criminal defense lawyer will have to investigate more facts around the intent aspect of the case, but these are difficult cases to defend especially with rental car agencies. The prior conviction definitely doesn't help. Don't communicate with law enforcement unless a defense lawyer... View More
and Bank wants property declaration page FL+160 for the property of which I never received. How do I get this form?
answered on May 28, 2017
Visit the courthouse to get a stamped copy of all the documents that were filed with the case to have them for your records. Find out they court's processes for obtaining paperwork from the court, but you'll probably need to go there.
I paid every penny that went into the house with my salary in a separate account. She never contributed a penny of her money towards the mortgage or any upkeep
answered on May 28, 2017
The money that spouses earn during the marriage that goes into a bank account is community property even if it is a separate account. She actually did contribute to the mortgage and upkeep under community property laws since your community dollars paid for these things. You should have an interest... View More
She can't legally keep his kids from him right?
She now has a stay away order, I believe that's what it's called, from the area that she works at. The stay away was a phone call from sheriff's office..that I know..I don't think it's a restraining order.... View More
answered on May 28, 2017
Your son needs court orders for child custody and visitation. He will need to file a paternity case with the court since they were not married. He will need to file a request for order for child custody and visitation at a minimum. Without court orders, many parents withhold children from the other... View More
divorce with children
answered on May 28, 2017
The court website and/or the court's self-help center has copies of the forms online. The packets make it easier to figure out what to file, etc. Any online search should take you where it is located.
answered on May 24, 2017
If there were child support orders in place, you would most likely owe child support. However, it sounds like you just found out that he is your son. It's unlikely that child support orders were made since you most likely would have heard about a child support case if one was filed. It's... View More
answered on May 22, 2017
The answer to this question is very complex based on the facts of each unique case. Generally, 14 is the current age where the child can express a preference. However, the court still utilizes the best interest of the child standard. Don't think there's an automatic age. Consult with a... View More
I filled for c.s years ago but all I get from them is letters asking me if I know anything about my ex because the C.S agency cant get ahold of him.
answered on May 22, 2017
You may need to file a request for order with the court. However, you may have to find out if you can depending on the role of the department of child support services. It is very difficult to collect child support from a parent who works for cash under the table. That's probably the... View More
Fresno County. I am the non custodial parent
answered on May 22, 2017
Your attorney should prepare a substitution of attorney. If the attorney won't, ask why he or she won't prepare one. You can also prepare one by searching California Judicial Council Forms MC 050 and prepare it yourself. Send it to the lawyer for his or her signature. Document your... View More
Change the kids first and last name
answered on May 22, 2017
More facts are required to provide a thorough analysis. Time coud be a factor to consider. Whether he is on the birth certificate and for how long could be an issue. In general, a father can ask the court for a name change, but specificity will be key here. Definitely consult with a family lawyer.
answered on May 19, 2017
Either you or your spouse must have lived in California for at least the last 6 months and the county where you plan to file the divorce for the last 3 months. The link to the court's website is attached providing more information. More facts are required to provide a thorough analysis.... View More
I recently found out that my husband was having an fair and when I approached him about it he admitted the afair and asked me to move out because he wants to move his girlfriend in.
What should I do?
answered on May 18, 2017
Seek a consultation with a family lawyer. Most offer a free initial consultation. An affair is not relevant in a California divorce. California is a community property state. You would have an interest in his retirement just as he has a right to yours if the parties have one. Moving out is always a... View More
answered on May 18, 2017
Child support most likely will terminate when she is out of high school. More facts are required to provide a thorough analysis.
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.
