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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Child Custody, Family Law and Military Law for California on
Q: Child custody across multiple states: What states does my lawyer need to be licensed in?

This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 17, 2023

You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More

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2 Answers | Asked in Adoption, Child Custody and Family Law for California on
Q: My daughters biological father has zero custody of her and keeps harassing me on talking parents app. What can I do

We went to court 2022 for custody. The judge granted him visitation if he finished reconciliation therapy. He ended up lying and telling me this old man was a reconciliation therapist. And he wasn’t. Ended up causing trauma for my daughter. He hasn’t tried to go back to therapy or complete what... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 13, 2023

He has no custody. Why do you need to do anything? If he's only using Talking Parents to harass you and not using it to communicate with you about your daughter, then don't read his messages and definitely don't respond to them. If you have another hearing, you can print out the... View More

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2 Answers | Asked in Family Law and Divorce for California on
Q: Is a CA marriage between a Danish/American and Tanzanian legal & can they be divorced in England while she's in Canada?

Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 7, 2023

Speaking from the perspective of an attorney who practices in California (which is where this question appeared), location of marriage, citizenship, and/or country of origin of each spouse is not determinative of where you can file for divorce. In the United States, you file for divorce wherever... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: I want to ammend my out of state orders to minimize amount of travel between states and maximize time with both parents.

I have out of state custody orders that will allow me to take my child from California where her mom lives, to Oregon. This needs to be amended due to the disruption to her education and social life if she were to enroll back and forth between Oregon and California every year. My question is that... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 7, 2023

If you want to amend/modify existing custody orders you will have to do so in the court where the case is venued. It is not clear from your question whether your case's origin is California or whether it was filed in Oregon. That being said however, I seriously doubt a court would grant a... View More

3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When and how will I have to prove my separate property?

I filed divoce Feb-2023, and The hearing of the first RFO, custody that I filed FL-300 is scheduled in Aug. I have $M bank account, seperate property. When and how will I have to prove my separate property? I want to remove ATROs immediately for my own life. Thank you

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 7, 2023

Depends on what actions (including no action) take place moving forward. If there is no trial or interim hearing regarding property division, you don't have to prove anything. While your case is pending, you can attempt to negotiate a global settlement agreement with your spouse that results... View More

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2 Answers | Asked in Child Support and Family Law for California on
Q: Could a judge not require my ex to pay 50/50 child support add ons? Despite it being previously ordered.

My ex claims because he pays child support he is struggling and cannot provide for himself or his other child and there's a possibility of them being homeless. He also states that he does not believe in taking child support from the other parent. Overall, he's stating he should not have... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 6, 2023

A court order is a court order. It remains enforceable until and unless it is modified. In your question you state what your ex's position is, but it's not clear whether this is simply something he says, or whether he has made a formal request of the court to grant him some kind of... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Our child has been restricted from leaving the County.

I filed an ex parte motion due to concerns about my wife’s flight risk, and she disputed my flight risk. Our Judge has banned both parents from taking our child out of LA County. Our child’s birthday is coming up in 10 days, and we are planning to go to Disneyland on that day. Do you think we... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 5, 2023

Your written agreement can be in the form of a stipulation and order. As long as both parties sign it and it is submitted to the court before the birthday, you should be fine. Whether any other form of written agreement would otherwise be acceptable depends on what your court orders/judgment... View More

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2 Answers | Asked in Family Law and Divorce for California on
Q: Initial PDD is final do we need to file I&E with court again and again ? divorce
Tobie B. Waxman
Tobie B. Waxman
answered on Jul 5, 2023

You never file disclosure documents with the court, except the declaration regarding service of the PDD. You are also not expect to or required to file an Income and Expense Declaration with the court unless you have filed a motion for some kind of financial relief, such as a request for order for... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hi, I am currently going through a divorce. We filed back in September of 2022 and I want to receive spousal support.

My spouse has not provided spousal support since we filed for divorce. My past lawyers have not pursued it even when I had asked them. I want to know if I am entitled to it and backpack from the time we filed.

Also, are there options I can ask the judge to put holds on or other options to... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 27, 2023

Without knowing any details about your case or the financial aspect of your marriage, it's impossible to say whether your request for spousal support would be granted. I'm curious why your previous counsel did not "pursue" support on your behalf. If you file a request for... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I filed a divorce petition almost a month ago. If I want to modify viaitation do I use form fl300 or is it too late?

I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 25, 2023

Depends on the kind of change you want to make. If you want to make a substantive change, for example if you originally asked for joint legal custody in your petition, but now you want sole legal custody, you can file an amended petition. If you originally proposed some kind of parenting plan and... View More

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Unmarried parents have 50/50 of a 13year old, mother wants to move out of state without dads consent for minor to leave.

Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 22, 2023

When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: I have a question about relocation out of ca with a child who i have the physical custody of.

Hi,

my sister has been divorced since 2017. She has physical custody of her daughter and she shares legal custody with her ex. She's moving out of California to Nevada. Does she need to file with the court to take her daughter out of the state? her ex is in india right now, would that... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 20, 2023

Depends on what her custody orders say, what visitation rights Dad has, whether Dad is exercising those rights, whether he relocated to India, lives there and therefore does not see the minor child regardless of what the orders say.

Also depends on how old the child is and what she...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband had a rental property, Soon after we married, he sold it but put my name on the deed. Is that his or ours?

When he sold that house he put me on the deed. I thought it was for tax purposes. at the time.

The money is what we used to buy a new home and we had a joint checking with the remainder.

I just want to know if my name is on the rental property deed on the sale date. Then are the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 25, 2023

Property purchased prior to marriage is separate property of the person who purchased it. If title was transferred to you in a writing (such as an interspousal grant deed), then the property becomes community property as of the date of transfer. The value of the property that accumulated before... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need his permission if our 11y old daughter travels to another country? He has moved out of the state.

Hello, my ex husband and I have joint custody for our 11 y old daughter, but she lives with me in California. He has moved to Texas few years ago. Now I would like to send her on vacation with her stepdad and stepsister. They want to go to New Zealand, but without me. Do we need his permission? Did... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 16, 2023

Whether you need his permission depends entirely on what your court orders say. Without having the benefit of reviewing your court orders regarding custody, it's impossible to answer this question. Contact a lawyer directly for a consultation and provide that lawyer with a copy of your court... View More

2 Answers | Asked in Family Law for California on
Q: Does separation count against the length of marriage ?

Husband wants to separate right before the 10 year mark to prevent me from any after 10 years benefit. I'm disabled.

He's been the main provider for the family ,He's been in my children life since they were 1&3 supporting them financially as well..

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 19, 2023

Date of separation marks the end of the community. If the length of marriage form date of marriage to date of separation is less than 10 years, then yes, it can impact your rights to support and division of property. However, there are exceptions. Whether those exceptions apply in your case, I... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: My son's father illegally claimed him on his taxes. What can I do? IRS cannot help
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 19, 2023

Depends on what you mean by "illegally". Depends on what your court orders or judgment says. Depends on what percentage of custody each parent has. Did you already file your return and already claim your son as your dependent? If the court orders entitle you to claim your son, then... View More

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2 Answers | Asked in Family Law for California on
Q: I need to know if my ex wife is remarried
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 18, 2023

Ask her. Each year post judgment, the parties have the right to obtain updated financial information and the latest tax return. Serve her with FL396. Her response must include an FL150 which asks her (among other things) who she is living with and what their relationship is to her. If she is... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Having a court order drug test

I’m wanting to file for custody of my children. I been in a marriage for 8 years. The father has been battling a drug addiction most of the relationship. He’s been staying at motels and etc. my question is, how does it work when his drug of choice is heroin. He is prescribed a pain med called... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 18, 2023

Any individual opioid test may not detect all opioids and their metabolites. The types of opioids included in an opioid test varies by medical facility, laboratory, and geographical region. A routine drug screening panel often detects only natural opioids like heroin, morphine, and codeine. I... View More

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2 Answers | Asked in Family Law and Divorce for California on
Q: Question for a California family law lawyerPublic notary and wittiness for a separation agreement

Hello.

My wife and I have been living in California Sacramento county for about 8 years and are going to divorce in CA state Sacramento county in the future. We want to start the divorce with a separation agreement and our questions are about the public notary and witnesses.

Q1: Do... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 5, 2023

If you and your spouse want to enter into a legal agreement without filing for divorce, for legal separation, or without otherwise making this agreement into an enforceable court order, to be valid, the agreement must meet the requirements of basic contract law. It must be 1) in writing, 2) there... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My brother needs a divorce lawyer, but he can't get details from consults enough to make a decision to end his marriage.

He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 27, 2023

Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it... View More

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