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Questions Answered by Tobie B. Waxman
2 Answers | Asked in Family Law for California on
Q: Do I file a petition along with the form 300FL? I file a joiner as well? How do you put in petition?

I am the grandmother and my daughter passed away this February. The father will not let me see him.

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

You can file your petition for grandparent visitation at the same time as filing your FL300. What is the joinder for? What are you trying to join?

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1 Answer | Asked in Child Custody for California on
Q: I live in California my kids live in Nevada just looking so I can see my kids again.
Tobie B. Waxman
Tobie B. Waxman
answered on Jun 12, 2023

If your kids live in Nevada and they meet the residency requirements for filing there, you will need to file a request for custody orders in Nevada. Retain counsel in Nevada; not California.

1 Answer | Asked in Child Custody for California on
Q: I am trying to figure out what I can do to see my kids no custody in place.

Haven't seen them in a month and haven't talked to them in weeks there grandmother and the father's girlfriend call the cops when I try say I'm trespassing

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 12, 2023

"no custody in place" - you've answered your own question. What do you do? You get custody orders. The longer you wait the harder it's going to explain to the court why you waited.

7 Answers | Asked in Divorce for California on
Q: hi my name is john. is there a way to get an uncontesed divorce with no orders if both partys agree ?

kids are adults .wife is remarried and i would like to get married to a lady that i have been with for over 30 years

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

How can your wife be remarried if you and she are not yet divorced? Yes, it is always possible to proceed with an uncontested divorced. Sounds like you have other issues to deal with here.

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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: in california what is considered contact with your child

none

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 4, 2023

Yes, but it depends on why it matters, i.e. why you are asking. What are you trying to accomplish?

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2 Answers | Asked in Divorce and Family Law for California on
Q: My sis is pending court date for divorce. She was paying husbands car pymt does she have to continue or can she make him

Soon to be ex has refused her access to all house accounts & she pays his truck pymt. he’s slashed her sons tires & keyed her car 3 times. She’s trying to save money to move be out & needs to know if she can make him start paying on his truck? They’re both on the title.

Tobie B. Waxman
Tobie B. Waxman
answered on May 31, 2023

Whose name is on the loan? If neither party makes that car payment it will hurt both of their credit. Sounds like she needs a lawyer.

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2 Answers | Asked in Family Law and Adoption for California on
Q: If I wasn't Notify my last court date how do I dress the courts about that
Tobie B. Waxman
Tobie B. Waxman
answered on May 31, 2023

Depends on what the hearing was for and what was the outcome of that hearing. Also depends on what the basis is for your claim that you were not notified of the hearing date or of the contents of the motion that was filed that resulted in that hearing.

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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 Divorce and Family Law for California on
Q: Foreign passport holder seeks divorce from US citizen husband, I married 30 yrs ago, who now resides in Encinitas, CA.

I have basically been abandoned overseas, where we had been living, by my longterm husband, who has taken up with another woman, & is now living in Encinitas, CA. I don’t even know where to begin? My financial situation is truly dire yet my husband seems to feel he has NO need to consider me... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 10, 2023

You can file for divorce in the US and specifically in Encinitas/San Diego county if Husband meets the residency requirements (even if you don't). If you posted in inquiry because you are seeking legal representation, you can use the "Find a Lawyer" link at the top of this page.

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2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: High conflict child custody case. Mother wants child to attend private school. She causes many absences to sabotage

His education to the point the school has set meetings to discuss. Brought it up to the court 4 different RFOs, all denied because Mother states the child is sick and only keeps the child out of school on 2 days max because 3 days or more requires Dr’s note. Child averages between 20-30 absences... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 4, 2023

My guess is that your motions are not supported by the appropriate evidence. Do you attach exhibits like the school attendance records showing the absences? Do you attach as exhibits, school's notices sent to the parents about the meetings set to discuss attendance?

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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 Child Custody for California on
Q: I want to file for joint custody of my daughter but I’m not sure how to go about it or what expectations I should have

There isn’t currently a case open because my ex took her out of state and has kept her and been letting me FaceTime her but now that I’m asking to have time she’s trying to keep her from me. I live in Washington and she’s has the baby in California

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

Hire a California attorney to handle this for you. Without knowing any other details it's hard to say what your expectations should be.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hello am I able to remarry even if my divorce hasn't been finalized? (california)

divorce is currently in process and paper work has been filed. The current status is "Judgment Package Received-Stipulated "

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 12, 2023

No you cannot remarry until your judgment of dissolution has been entered. The notice of entry of judgment will have a date on it that is the date on which you will be restored to the legal status of being a single/non married person.

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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 Family Law and Child Custody for California on
Q: If my kids mom and I are married but separated kids live with her can she not let me see them
Tobie B. Waxman
Tobie B. Waxman
answered on Apr 4, 2023

Of course not. File your petition for dissolution and concurrently file a request for order for temporary custody/visitation orders while your divorce case is pending.

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3 Answers | Asked in Family Law and Divorce for California on
Q: Is a California Family Law Court Order the equivalent of fully enforceable CA Final Judgment?

My ex-husband misappropriated my share of retirement accounts granted to me in our California divorce Judgment. I filed an RFO and now have a Court Order that states he breached his fiduciary duty and orders him to pay me a specific dollar amount stated in the Court Order — what he... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 30, 2023

It's an enforceable court order. Enforcement procedures are the same as they would be for enforcing a judgment.

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