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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 27, 2024

Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My son lives in Eureka California. His wife of less than 2 years just left him What is the simplest divorce process

I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man.... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 23, 2024

There is really on one way to proceed. That process does not change based solely on the length of marriage. https://selfhelp.courts.ca.gov/divorce-california

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2 Answers | Asked in Divorce and Family Law for California on
Q: How do I start the process of asking for spousal support and other community properties such as a pension plan?

We have not filed for divorce yet, been Married 27 years

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

You've answered your own question. How do you start? You start by filing for divorce. Your petition can set forth what you are asking for, although it will not result in any court orders to that end. But, that's how you start.

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2 Answers | Asked in Child Custody and Family Law for California on
Q: What is mom allowed to do if she has set visitation times and only joint legal?

Mom has set visitation times. And only joint legal. Is she allowed to show up at kids school, and school functions and field trips outside of her appointed times?

Tobie B. Waxman
Tobie B. Waxman
answered on May 16, 2024

The simple answer to that question is yes. However, it depends on what your orders say. School functions, field trips, etc. are not a custodial function, but instead would likely fall under the rubric of legal custody.

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3 Answers | Asked in Family Law for California on
Q: where i can hire s good family lawyer at a low cost a trust worthy business im out in california
Tobie B. Waxman
Tobie B. Waxman
answered on May 13, 2024

This website has a "Find a lawyer" link at the top of each page. Click on that link and start placing calls to different lawyers to find the right fit for you and your circumstances. What constitutes "Low cost" is in the eye of the beholder, right?

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2 Answers | Asked in Divorce and Family Law for California on
Q: Divorce after 30+ years, trying to get answers from my atty. Said there is a settlement conference. 6/?? No divorce pape

Ers filed no firm date, no info or any other help with what should be done. I hope to get some answers regarding divorce & separation of property, no kids a house I owned before we married 5 years.

Another atty told me the divorce papers are 1st before any settlement conferences?? T or... View More

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

This is confusing as written. I recommend you pick up the phone and speak with an attorney one-on-one and directly. With a 30+ year marriage you should not be representing yourself.

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2 Answers | Asked in Divorce and Family Law for California on
Q: I am married in CA my husband has married someone else in a different country. He has no idea I know. What can I do?
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 16, 2024

Depends on what you want to accomplish. I'm assuming you are asking this question because you now want a divorce. File for divorce -- that's what you can do. His marriage to someone else in another country, at least under CA law is not valid.

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3 Answers | Asked in Medical Malpractice for California on
Q: There was NO deposition subpoena for medical records. Request to authorize release of medical records was served.

What should be response to request to authorize release of medical records?

There was NO deposition subpoena for the medical records.

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 29, 2024

It's a request. You do not have to agree to voluntarily authorize release of your records. If you don't, then they will serve the subpoena (assuming the records are relevant to your case).

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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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