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California Family Law Questions & Answers
0 Answers | Asked in Child Support, Child Custody and Family Law for California on
Q: How to address $55,000 child support debt in California without established paternity?

I have a child support case in California, where I owe $55,000, even though paternity has never been legally established. I found out about my 28-year-old daughter when she was around 2 or 3 because her mother initially told me she had an abortion and later said her husband was the father. The... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Can my finances be targeted for my fiancé's child support if we marry?

My fiancé owes child support and back pay, and there is a current court order for child support. We do not share any assets or accounts, and we haven't taken any financial steps together such as buying property or opening joint accounts. Can his ex come after my finances for child support if... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 17, 2025

You are not financially responsible for someone else’s biological children and your finances cannot be used to satisfy her child support obligation and also cannot be used to calculate her child support obligations. Err on the side of caution however and consider getting a prenup

2 Answers | Asked in Domestic Violence, Juvenile Law and Family Law for California on
Q: How to protect a minor from parental abuse in California?

I am trying to help a minor who is suffering from both physical and mental abuse by a parent. Despite multiple reports to the local police, no significant actions have been taken, and there are no protective orders in place. What legal steps can be taken to better protect the minor from the abusive... View More

Robert Kane
Robert Kane
answered on Feb 16, 2025

Your relationship to the child would determine what you could do to protect the child.

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1 Answer | Asked in Family Law, Public Benefits and Social Security for California on
Q: Need help with conservatorship for mentally impaired adult daughter in CA.

I need help obtaining conservatorship for my adult disabled daughter, who cannot provide for herself due to mental impairment. Although doctors have started the 14-day hold process, we’ve faced issues with hospital availability for required assessments. My daughter is already declared disabled... View More

James L. Arrasmith
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answered on Feb 16, 2025

I hear how concerned you are about your daughter's wellbeing, and navigating the conservatorship process can feel overwhelming, especially with financial constraints. Your dedication to seeking proper legal support shows how much you care about protecting her interests.

Several...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: What forms are needed for filing custody in San Diego, CA?

Currently, there are no custody agreements or court orders regarding my daughter. My husband has taken our daughter from San Diego without my consent and has not been in contact for a week. I suspect they are in Massachusetts but have no exact address. I called the police, and the call was... View More

Abdulrahman Alhouti
Abdulrahman Alhouti
answered on Feb 16, 2025

To file for custody in San Diego, CA, you’ll need to start by completing and submitting the appropriate forms to the Superior Court of California in San Diego. Here’s what you should do:

Forms You’ll Need :

Petition for Custody and Support of Minor Children (Form FL-260) :...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Changing custody order

A California court custody order from August 2023 gave the father the portfolio of managing bi-weekly therapy from a licensed medical therapist trained in childhood trauma, exposure to domestic violence, and complex family systems. Barring one 20 minute initial intake appointment for each child... View More

James L. Arrasmith
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answered on Feb 15, 2025

Given the serious nature of your children's need for therapy and the father's failure to fulfill his court-ordered responsibilities, you have several options to address this situation. Your primary course of action should be filing a Request for Order (RFO) with the family court that... View More

1 Answer | Asked in Family Law, Probate and Real Estate Law for California on
Q: How to divide parents' house among 11 siblings fairly?

My deceased parents transferred ownership of their house to two of my siblings, but they had 11 kids in total. The house is valued at about $914,000 with approximately $260,000 remaining on the mortgage. There was no will or trust, and the siblings named on the title are open to discussing options... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation requires careful consideration to ensure all siblings are treated fairly. Given that your parents transferred the title to two siblings who are willing to discuss options, you have several potential paths forward.

One straightforward approach would be to calculate each...
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1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Is a Discovery Request for 4 Years and 2 Months of Bank Statements (Spouse's Home Country) Burdensome in a Divorce?

I sent a discovery request to my ex, asking for bank statements from their mother country covering the period from the date of marriage (Oct, 2018) to the date of separation (4 years and 2 months). However, they objected, claiming that the request is burdensome. Is this a valid objection?

James L. Arrasmith
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answered on Feb 15, 2025

Your request for bank statements spanning just over 4 years appears reasonable and proportionate in the context of divorce proceedings. Most courts in California would likely find this timeframe appropriate since it covers the entire duration of the marriage until separation - a period directly... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for California on
Q: My wife and I moved into the pallet shelter 27 months ago and have been discriminated by denying our conjugal rights.

We have been in seperate rooms since day one. It's been over two years since I have been housed with my wife. We have been together for 24years. And it's taking a toll on our health.since they seperated my wife and I. I'm now on three different medications. Two for high blood... View More

James L. Arrasmith
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answered on Feb 15, 2025

I hear how deeply distressing this situation is for you and your wife after 24 years together. The forced separation in the pallet shelter system is clearly impacting both your emotional and physical well-being, as evidenced by your new health conditions.

Under California law, married...
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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for California on
Q: My wife and I moved into the pallet shelter 27 months ago and have been discriminated by denying our conjugal rights.

We have been in seperate rooms since day one. It's been over two years since I have been housed with my wife. We have been together for 24years. And it's taking a toll on our health.since they seperated my wife and I. I'm now on three different medications. Two for high blood... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your situation sounds incredibly challenging and frustrating, especially given the length of your marriage and the impact this separation has had on your health and well-being. Living arrangements in emergency shelters that separate couples can place significant strain on relationships and personal... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Hello, I got a temporary restraining order on my ex-boyfriend in Puerto Rico but I returned to California. Can I dismiss

Can I dismiss it at the court hearing if I feel things has changed and I feel safe back home? Also he got a lawyer so what are the chances he can turn around and sue me if I dismiss it?

James L. Arrasmith
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answered on Feb 15, 2025

You have the right to request dismissal of your temporary restraining order at the court hearing if you genuinely feel safe and believe circumstances have changed. The court will likely consider your wishes since you're the protected party, though the final decision rests with the judge who... View More

2 Answers | Asked in Family Law, Child Custody and Probate for California on
Q: I will be fighting against my sister and brother in law for my parental rights of my five year old son.

The case is in bakersfield, ca. The case is on the 28th. I need legal guidance please and thank you. They had temporary guardianship in 2021 and guardianship in 2022. I reside at the LA Dream Center. There are some things in the papers served that aren't true and I can prove it. I have 5 years... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 12, 2025

Don't use social media or an on line legal Q&A website to "fight for your parental rights". Hire an attorney. There's no way you are going to get meaningful or helpful information from lawyers on this site who know nothing about you, your circumstances, or your case.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Case 2yrs old, msc get nowhere, know we won't agree on support and home equity buyout so how do i ask for go to trial?

i was going to file a FL-300 change request to revisit previous order at next hearing but i'm realizing these are settlement hearings so judge just sits there and tries to guide us to agreeing. I know we won't agree on the biggest 2 items that never comes up. i've posted a lot on... View More

James R. Dickinson
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answered on Feb 11, 2025

If settlement discussion are not progressing, the issues will need to be resolved by trial. Speak with a local attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: Can i argue the 4320 factors trying to lower my temporary spousal support during the divorce case?

I really believe the petitioner has been dragging out the divorce case. She claims SSDI income not being able to work due to mental health. she is university graduate and has communicated with very intelligent professional people to get what she wants like with attorney's to win case... View More

James L. Arrasmith
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answered on Feb 9, 2025

You can raise the California Family Code Section 4320 factors if you believe your temporary spousal support order is unfair. These factors let you present evidence about the length of marriage, your financial situation, and your spouse’s earning ability when arguing for a lower amount. Highlight... View More

1 Answer | Asked in Family Law for California on
Q: reveal pregenancy to my ex?

A lawyer sent me an email ask me to stop contacting my ex and prove pregancy. However, The last time I contacted my ex was over 1 month ago and revealed pregancy then I never contacted him anymore. I contacted his dad, his dad told me my ex got some other people's messages about my pregenancy... View More

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you’ve been through a lot, and your well-being should be the top priority right now. If you’ve already informed your ex about the pregnancy and have not contacted him since, then you’ve done your part. You are not obligated to repeatedly prove anything to him or his attorney,... View More

1 Answer | Asked in Family Law for California on
Q: Can guardians of a minor legally stop taking the minor to court ordered visitation?

This case does not involve CPS. Family requested Probate Guardianship. The visitation was granted in Nov '19 right before the start of Covid. During Covid, I continued to stay in contact with my daughter (5yo) but many times the guardians would make excuses as to why she wouldn't come to... View More

James L. Arrasmith
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answered on Feb 8, 2025

The guardians cannot legally ignore court-ordered visitation. If a court has granted you visitation rights, they are required to follow the order unless they have gone back to court and had it legally modified. Repeatedly denying visits without a legal reason can be considered contempt of court,... View More

1 Answer | Asked in Contracts, Criminal Law, Family Law and Communications Law for California on
Q: So it's okay with identity theft for a person to pretend that their president Marilyn Monroe who is hiding who she is.

President Marilyn Monroe is tired of being followed by people who is trying to hurt her for telling the truth about the death of David Davidson and his dead daughter Marilyn Monroe who is tired of identity theft fix her property back now before she starts murdering people again in basile Louisiana.

James L. Arrasmith
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answered on Feb 8, 2025

I notice you might be experiencing some distress and confusion. Let me help provide some clarity and support in this situation.

Identity theft is never acceptable - it's both illegal and harmful, regardless of who might be impersonating whom. If you're concerned about identity...
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1 Answer | Asked in Civil Rights and Family Law for California on
Q: Violations of civil liberties to a grotesque level because my ex husbands uncle us a former chief of police in OC CA

My housing and employment was also affected by the targeting

James L. Arrasmith
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answered on Feb 8, 2025

I hear how deeply concerning and distressing this situation is for you. Being targeted and having your fundamental rights violated, especially when it involves someone with law enforcement connections, can feel overwhelming and isolating.

Given the serious nature of civil liberties...
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1 Answer | Asked in Bankruptcy, Education Law, Family Law and Child Custody for California on
Q: Clarification on Custody Pick-Up Time When Children Are Absent from School. My pick up days are Wednesday at 11:30 AM..

I have a question regarding my custody arrangement and pick-up responsibilities. Per our court order, I have joint legal and physical custody (50/50), with my scheduled pick-up time at 11:30 AM on non-school days and 3:00 PM on active school days.

However, my children’s mother frequently... View More

James L. Arrasmith
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answered on Feb 8, 2025

Your concerns about these last-minute schedule changes are valid and understandable. When the court order specifies different pick-up times for school days versus non-school days, the schedule should typically follow the established school calendar, not impromptu decisions by either parent.... View More

1 Answer | Asked in Family Law for California on
Q: My child's father had a stroke. He has not shown up for court-ordered visitation in over a month. Options?

My daughter's father and I do not have a good co-parenting relationship. He may have blocked my number. His other daughter has been hostile toward me, so I will not learn anything from her. She has called my daughter two or three time over the last month, but my daughter does not want to talk... View More

James L. Arrasmith
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answered on Feb 7, 2025

You're in a difficult situation that affects both you and your daughter's well-being. Your concern about your ex's health and its impact on court-ordered visitation is completely valid, especially given the unusual communication patterns you've observed.

In California,...
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