My wife has the full custody of her 9 years old daughter and already changed her last name to her maiden name. Do we need her biological father's consent for me to adopt her and change her last name to mine?
answered on Nov 3, 2017
Generally, yes you would need the written consent of the father to adopt even if the mother has full sole custody of the child. However, if the court were to find that the bio father had abandoned the child, within the meaning of the family code, that could serve as an exception to having to... View More 
In question is interpretation of 4320 i
answered on Nov 3, 2017
4320 (i) provides that in making a determination about spousal support that the court must consider "Documented evidence, including a plea of nolo contendere, of any history of domestic violence, as defined in Section 6211, between the parties or perpetrated by either party against either... View More
Soon to be ex husband moved out of the house 4 months ago. He lives with his cousin, she is married with 3 kids and is currently pregnant. He works night shift 6 night per week. He is asking for 50% of the custody of our 18 month son and newborn daughter but I feel they are too young. What would be... View More
answered on Nov 2, 2017
You are correct that the children are much to young. Medical studies have demonstrated that it is not in the best interests of children that are still in their developmental years (younger than 6) to be forced to sleep overnights away from the home and bed they are accustomed to. What would be... View More
We are seperated but not legally. We live in different states. I'm land rich and cash poor
answered on Nov 2, 2017
File a request for order and have the court ordered some of the property sold.
The divorce agreement was made in the state of California. With him not making payment I had to take out loans to pay for college and would like to have him pay for the associated interest. Within the divorce agreement it specified an amount equal to that of 1/2 a State College, which is all... View More
answered on Nov 2, 2017
As you have not explained exactly what the agreement says about paying for college expenses, it is difficult to determine what rights you may or may not have. In the typical situation the college expenses provision in a marital settlement agreement (MSA) has one or both parents agreeing to pay... View More
answered on Nov 2, 2017
You can obtain a final judgment dissolving the marriage and returning you to unmarried persons before modifying child custody. You would ask the court for an order bifurcating the proceeds. Please retain legal counsel to be sure your rights are protected during the process.
answered on Nov 2, 2017
Generally speaking, yes In the typical case. However, not in cases where domestic violence is an issue or where the location of the parent is ordered to remain confidential for the protection of a parent and child. You should check your court orders and see what it states regarding an intent to... View More
We have been married a little over 5 years. I have 2 children (12 & 15) he has 1 (15).
answered on Nov 2, 2017
If the house is your separate property and he refuses to leave, eviction may be your only remedy. However, if earnings during marriage were used to pay portions of the mortgage or to make improvements on the house that increased the value of the separate property home, the property takes on a... View More
Is this really possible that I get nothing but my clothes and a car she didn’t want...I ended up homeless for a time and am having to start over with nothing
answered on Nov 2, 2017
You can check with the recorders office records to determine if you are on title or not. If you are not on title, that does not mean you do not have a community property interest in the house. If the house was purchased during marriage it is presumed to be community property. If the house was... View More
He has an attorney and she has no money for one because she is a housewife and 2 yr old daughter.
answered on Nov 2, 2017
Try contacting the Legal Aid Society in Orange County as they give discounted legal services for those in financial need.
What do I do to respond? Can he sue me since he wasn't notified of the abortion?
answered on Nov 2, 2017
Assuming that what you are saying is that he obtained an order requiring you to submit to a DNA and he had you personally served with the court order, then what you should do is comply with the order or get the order set aside or vacated on the basis that there is no child for the court to have... View More
we have been separated 2 years. he filed divorce.he said we had no property together. this is a lie. his name is on my truck. do i have to contest or will it automatically go to me with it being in my possession?
answered on Nov 2, 2017
Nothing will go to you automatically. It sounds like he filed and had you served, but you have not answered or otherwise responded to the petition for dissolution. Failing to file a response to the petition gives the other party the right to file a request to enter your default which essentially... View More
I bought a house in my name because my wife didn't qualify. I bought the house before we were even married. Her mom gave us a gift of cash to help with the house, now my wife is asking for that money back even though it was a gift. What forms can I file and what can I do?
answered on Nov 1, 2017
California has a right of reimbursement statute which permits a party who has used their separate property to contribute to the purchase of a community property asset., the right of reimbursement at the time of separation/divorce.
And pics. DA dropped charges will judge consider the DV that I went through?
answered on Nov 1, 2017
The court will definitely consider evidence of domestic violence. But, what you should have done by now is at least filed a request for domestic violence restraining order. If you were to prevail you would have Family Code 3044 presumption in your favor during the custody determination of the... View More
My husband and I currently live in California. In California the requirements for divorce are to live in the state for 6 months (we have) and you can continue living together. We will soon move to North Carolina. If I file while we are still living in California will we have to follow the divorce... View More
answered on Nov 1, 2017
You can be divorced in California as quick as six months . If you move in the meantime, it will not divest California of jurisdiction to order a final judgment of dissolution.
answered on Nov 1, 2017
The car may be in your name, but that does not make the car your own separate property. If the car was purchased during marriage it is presumed to be community property. Assuming earnings and income generated during marriage were used to purchase the car, then the car is community property. If... View More
She has been married to her husband throughout our relationship and also lived with us during the time the children were conceived.
Her husband had to go before the court to claim he wasn't the father last year.
I was told by CSS that because I signed the form at the hospital I... View More
answered on Nov 1, 2017
If you voluntarily signed a Declaration of Paternity at the hospital when the children were born and two years have since gone by, and no declaration of rescission has been properly issued, there would not appear to be any legal recourse to obtain a paternity test.
Got pregnant by a man who is married but separated, he did go to jail and his wife fought him for custody over their child, they did resolve it. He then did some physical things to me, I got scared, broke up with him. Said he needed to get help. I found out I was pregnant. I decided to keep it. I... View More
answered on Nov 1, 2017
California Family Code section 3044 provides that custody with a parent found to have committed domestic violence against the other parent or the child within the previous five years, is presumed to be detrimental to the child. This presumption can be overcome. In the meantime, the effect of the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
