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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Family Law for California on
Q: step son wants to change his last name to mine. His bio dad isn’t in the picture & his current last name is his moms

Can we change his last name to mine given that his current last name is his moms maiden name and the bio Dad does not have any custody?

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 28, 2024

You can file a petition for name change, but bio dad has to be served with notice of the filing of that petition and he has a right to respond and/or object or oppose the petition. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.courts.ca.gov/documents/nc100info.pdf

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3 Answers | Asked in Divorce and Family Law for California on
Q: Divorce in California, Community Property Law, and a license that is required to do a job

We are going to divorce in California, and I am considering starting a new job now that requires getting a contracting and selling license from CSLB. Is holding a license considered a type of property kind of owning a business that may arise an issue under California Community Property law? Should... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 20, 2024

A license to do business is not property, is not an asset that can be divided and presumably carries no monetary value.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: how to rescind a notary for custody that didn’t state any dates or time or length of custody? Also, court never involved

The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 17, 2024

If there is no court order, your agreement is not enforceable. Getting it notarized doesn’t make it any more official or enforceable.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
Tobie B. Waxman
Tobie B. Waxman
answered on Mar 11, 2024

For purposes of filling out the Petition for Dissolution and the Response, the marriage term is from date of marriage to date of separation. I have no idea what you are referring to as "he got a work compensation" or how that relates to the length of the marriage or what would be the... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Can my ex withhold my children if my new work schedule interferes with pick up and drop off times
Tobie B. Waxman
Tobie B. Waxman
answered on Mar 7, 2024

Depends on what you mean by "interfere". If your "new" work schedule makes it hard for you to comply with existing custody/visitation orders, then you should seek modification of those orders.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: the mother of my child wont let me see my child didn’t tell me she gave birth so I’m not on birth cert what can I do?

Her father threatened to call the police if I show up to visit my newborn

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 6, 2024

File a parentage action and file a motion to get immediate temporary visitation orders.

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3 Answers | Asked in Divorce and Family Law for California on
Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?
Tobie B. Waxman
Tobie B. Waxman
answered on Feb 21, 2024

If it's relevant, it's "legal". Either party can request production of any documents that are relevant to the divorce case.

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4 Answers | Asked in Divorce and Family Law for California on
Q: I am looking for a divorce attorney for my son. Are there any attorneys that primarily focus on the man?

His wife is saying that there are no assets to be divided, but they have a house and a couple of cars. He has been a stay at home Dad for the past 10 years.

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 20, 2024

He would have to find a lawyer on his own. We cannot solicit business from potential clients on this site. He can use the "Find a lawyer" link at the top of this page. There are also "Find a lawyer" links on AVVO.com. He can do a search based on geographical location and area of specialty.

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Question on filing a motion to strike in California

In family law in California I filed a “motion to strike” for something in our trial. I did it on pleading paper. The research I did said there is no official forms, that attorneys have templates that they use. It said to type it on pleading paper, list the trial date and the court will right in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 19, 2024

Assuming the motion was drafted properly otherwise, the failure to use the FL300 as a cover is not a fatal flaw and should not be grounds alone for denying your motion.

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3 Answers | Asked in Family Law and Divorce for California on
Q: Could I be awarded spousal support?

Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 19, 2024

You may be entitled to spousal support under these facts, but the benefit of spousal support may be off set by the aid provided by the county/state

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2 Answers | Asked in Family Law, Child Custody and Divorce for California on
Q: How can I prove mental abuse?

For marriage dissolution and child custody. Ex is emotionally and mentally abusive.

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 25, 2024

You can use your own declaration for this purpose and any emails or text messages that provide examples of abuse.

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3 Answers | Asked in Divorce and Family Law for California on
Q: Wife and I are divorcing, I set up a meeting with realtor to meet at house and wife will not allow me to be there.

There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 24, 2024

Why not meet with the realtor someplace else? Have the realtor do his/her walk through and then meet with them somewhere else, or Zoom, or phone call, to discuss their assessment of value and listing price.

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2 Answers | Asked in Civil Litigation, Family Law and Child Custody for California on
Q: cps interviewed me and asked what medication i was taking they wrote it on the report and filed it and its public rec.

i read that there is times were they have you sign your rights over example hippa rights i have not signed anything is this allowed ?

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 24, 2024

CPS records and/or reports are NEVER a matter of public record. Where do you believe they "filed" this report?

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2 Answers | Asked in Family Law and Real Estate Law for California on
Q: I live with my mom for 60 years. She passed away 2020 I have lived there after her passing. I had a stroke I’ve been in

The hospital for 12 month I was told my brother changed the locks on me We both are on the deed he does not live thee what can I do because I’m coming home what rights do I have

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 22, 2024

You need to consult with a Probate or Estate lawyer.

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2 Answers | Asked in Civil Litigation for California on
Q: How do I look for claims that are in my Name and how do I access someone to give me private information High-profile Ent

Dealing with spouse Being influenced in having a relationship with a high profile Entertainer To keep information from me.

In trying to make a profit off the situation In trading they're self personally

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 13, 2024

To find out if lawsuits have been filed in your name (I'm assuming that's what you meant by "claim"), you can do a by-name docket search. https://www.lacourt.org/paos/v2c/Login

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Im CA and am filing for sole legal and phyiscal custody. The other parent is in prison in AZ. Does CA have jurisdiction?

The other parent and I were never married. My child was born in AZ but my child and I moved to CA after the other parent was incarcerated in AZ. My child and I have lived in CA now for a few years but the Shasta county courts legal aid told me I should seek consultation to see if CA has any... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 11, 2024

Jurisdiction is controlled by where the child lives. Since the child lives in CA and has lived in CA for “years”, CA has jurisdiction over the issue of child custody and child support

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2 Answers | Asked in Divorce and Family Law for California on
Q: We are getting a divorce in CA. My ex-spouse wants half of what was cut from my paychecks for social security taxes

I’ve been going through divorce for 2.5 years. We are almost at the end of our divorce. But since my ex-spouse is asking for something that does not make sense we might go to trial.

I only have one question and that is about social security taxes. Here is what my ex-husband wants:... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 9, 2024

It's not something he is entitled to. I've never heard of such a thing.

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3 Answers | Asked in Family Law and International Law for California on
Q: Can I ask a confidential question that is not published on your website?

I would have to give enough information that it would be obvious who I am and that would compromise my position if it is published on your website. Thank you.

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 8, 2024

If you want to consult with an attorney without posting a question here on this website, use the "Find a lawyer" link at the top of the page and call someone directly and have a one-on-one, private consultation.

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2 Answers | Asked in Family Law for California on
Q: We had someone from CPS come in our gated yard without permission among other things can we sue

They came back a few days later and said they had eyes on us and threatened to get court involved if we didn't change the appearance of our house or make an effort my husband is tired of the years of harassment from them and wants to sue

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 5, 2024

CPS doesn't do that. How do you know these people were from CPS? What would you be suing CPS for? i.e. what's the injury and what's the claim? Do you have minor children? Do you have an open case with CPS involving your minor children?

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2 Answers | Asked in Family Law and Child Support for California on
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!

My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being... View More

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

No, your boyfriend cannot sue. He has no standing. If you want bio dad to pay support, then get enforceable court orders.

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