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Questions Answered by Tobie Brina Waxman
2 Answers | Asked in Family Law for California on
Q: If you served someone but they didnt provide it to their lawyer, can lawyer still file a change of court date ?

Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?

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3 Answers | Asked in Child Custody for California on
Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?

The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child... Read more »

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2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case?

My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

What's the injury? Did the delay in treatment cause any additional injury; exacerbate the original fractures? There is no malpractice without causation. i.e. a causal relationship between an identifiable act of negligence and resulting injury.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Relocation with child within same state (CA) and no custody order. What are my rights?

Father and I are not married and never have been. I take care of child 90% of the time.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage... Read more »

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2 Answers | Asked in Divorce, Family Law and Civil Rights for California on
Q: If my divorce isn't final yet but we have been separated for a few years. Can my boyfriend sign the baby's birth cert?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 21, 2022

If boyfriend is the baby's father, then yes. The status of your divorce is not relevant, i.e. it has no impact on who is supposed to sign the birth certificate.

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2 Answers | Asked in Adoption and Family Law for California on
Q: My husband in the process of a step parent adoption. But two months ago, he was arrested for DV. The case is still pendi

I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 21, 2022

I don't see a question here. Whether the DV case will impact the adoption depends on factors not provided in your question.

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2 Answers | Asked in Divorce and Child Custody for California on
Q: I'm looking for a family law lawyer, I'm trying to get divorced and visitations with my kids .I want joined custody
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 20, 2022

Are you using this post on Justia to find a lawyer? We are not supposed to solicit business in this manner. You can go to an attorney's profile here on this site and call them. That's how you find a lawyer.

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1 Answer | Asked in Divorce for California on
Q: I was married for 5 years. I am on disability and my future ex-husband makes good money. Can I ask for spousal support?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 5, 2022

Yes, you can ask for spousal support.

1 Answer | Asked in Family Law for California on
Q: If a new boyfriend remodels my home as a gift to me and we end up marrying will he have any entitlement to my home.

We never had any oral or written agreement that the gift would entitle hom to anything although he does have all the receipts to the work he had done.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 1, 2022

He could claim entitlement to reimbursement and make a claim that his contributions increased the value of your separate property home. I recommend you get a prenup. If you are living together, you can also get a cohabitation agreement (similar to a prenup)

1 Answer | Asked in Divorce for California on
Q: Who pays the filing fees for an uncontested divorce? Is there a respondent fee?

My husband and I are filing for an uncontested divorce. We have no kids, no shared finances, no shared properties, I didn’t change my name, and no co-signs. It should be a relatively easy split. I have resided in CA over 6 months as well.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 31, 2022

The filing fee is a "first appearance fee". It is paid when filing both the petition and the response to the petition. If the matter proceeds by default, i.e. no Response is filed, then the respondent does not pay this first appearance fee.

2 Answers | Asked in Divorce and Family Law for California on
Q: How do they calculate spousal support in case of long term marriage of 30 years in case of separation
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 30, 2022

Spousal support is calculated using several different statutory factors (Family Code section 4320) including lifestyle to which the parties became accustomed during the marriage, income of the parties, and other factors.

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: My wife left the house & ghosted me, How do I know If my wife is keeping the baby or not. We have been separated before!

I live in CA & is currently on a work visa. I got married in May 25,2021 in Bangladesh and came to USA shortly after that(Just me). My wife came to the USA January 2022 on F2. After a month of being together she left the house following 3 day argument which turned ugly. She filed a restraining... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 29, 2022

You could file a parentage action; open a case, in anticipation of the birth, and request custody/visitation orders along with order establishing you as the legal father.

1 Answer | Asked in Divorce for California on
Q: Good morning. I have received my final divorce papers and id like to have them explained to me.they don't clarify.

they don't clarify what is supposed to be done ? and how much time are we given to complete the orders ?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 29, 2022

Ask the attorney who represented you in your divorce to explain the document. Otherwise, if you were not represented, I'm sure this could be accomplished by a paid consultation with an attorney. You need to seek out that attorney - i.e. contact attorneys on your own, rather than waiting for... Read more »

1 Answer | Asked in Divorce for California on
Q: Filing for divorce, marriage less than a year, no kids, Only community property is co-signed for each other’s cars,

Can this be an annulment? Also gave her 2 mos to move out she has a home that she rents out. Is this enough notice. She’s had two kids from previous marriage but only has kids sun-wed

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 24, 2022

I think what you mean is "Summary Dissolution"; not annulment. With an annulment you are saying the marriage is not valid; is void or voidable.

2 Answers | Asked in Divorce and Military Law for California on
Q: Can old, deleted, text messages be subpoenaed from AT&T to assist in divorce?

I have a confession that an affair took place, but it’s been deleted off my phone for a few years and I need it for court. He’s in the military.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 22, 2022

This is a tech question. Have you asked AT&T if the messages can be retrieved? Why is this information necessary for your case? California is a no-fault state. Meaning, an affair is not relevant, unless you are trying to prove that community funds were used to finance the affair, or... Read more »

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1 Answer | Asked in Child Custody and Family Law for California on
Q: What steps are needed to initiate custody of my grand children (2)?

Two grand daughters age 3 & 2. They have lived with me and my wife since Birth. We have care for and provided for their health and welfare o date. Bother the parents, my son and girl friend both are/have been in my home also. Neither of them does anything to provide for these children and in... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 22, 2022

As grandparents you do not have standing to petition for custody. You can obtain visitation rights, or if the circumstances warrant it, you can apply for legal guardianship. The steps to take for either scenario are on the Court's website (Superior Court for the State of California). There... Read more »

3 Answers | Asked in Bankruptcy and Divorce for California on
Q: In a divorce how is credit card debt split up and what happens if one side cant pay it?

IM in a middle of a divorce. I have been paying the debt solely for a year. Im now in a situation of BK. My question is will I be repaid for the time i have been paying the debt solely and if so how do i collect that money if the spouse can't pay their share?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 15, 2022

Debt incurred during the marriage is considered community debt. Liability for that debt is therefore shared equally. However, family courts are considered courts of equity. If one party has a better ability to pay off that debt, the court may divide it in a way that reflects the parties'... Read more »

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1 Answer | Asked in Child Custody for California on
Q: If my baby’s father is trying to serve me with custody papers is he allowed to be there when I’m getting served ?

If me and my baby’s father are hanging out and he has someone else serve me papers is he aloud to be there ? If he is not can I deny the papers?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 13, 2022

Yes he can as long as he’s not the one who actually serves you.

1 Answer | Asked in Child Custody for California on
Q: If my baby’s father writes a letter stating he will not take me to court for custody will he still be able to take me?

If me and my baby’s father agree to co parent amount ourselves he writes on letter that he is okay with that and will not take me to court can he still take me to court?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 11, 2022

This letter has no legal significance and is not legally binding on either parent for any purpose.

2 Answers | Asked in Divorce for California on
Q: Does it matter how long I have been separated to qualify for alimony?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Aug 9, 2022

Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.

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