Get free answers to your Family Law legal questions from lawyers in your area.
I have a custody agreement where the father can request visitation in advance, and we come to an agreement. A custody summons was issued on April 3rd, requiring visits to be in California. We previously agreed that our daughter could visit her father for 2 weeks. Can she still go for this visit, or... View More 
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answered on Apr 8, 2025
If a custody summons was issued on April 3rd stating that visitation must happen in California, that likely changes the terms of your previous agreement. Even though you and the father agreed to a two-week visit, the summons could override that if it imposes new restrictions. It depends on whether... View More
I want to initiate a court case regarding my son, whose guardianship was granted to his paternal grandmother in 2019 through a dependency case, while he was under the legal guardianship of my father. I believe my parental rights were fraudulently terminated, and I am exploring options to either... View More
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answered on Apr 8, 2025
To start, you'll need to file a petition with the Los Angeles County Superior Court requesting either reinstatement of your parental rights or visitation and communication rights. Since your case involves allegations of fraud and a prior dependency case, you should first request copies of all... View More
I divorced in 2015 and agreed to receive $1,000/month in spousal support for 20 years from my ex-spouse, who lives in California. I'm in Canada, and my U.S. account is closing, requiring the funds to be transferred to my Canadian bank. However, my ex insists on continuing direct deposits into... View More
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answered on Apr 8, 2025
It’s a tough spot to be in, especially with your U.S. account closing and your ex unwilling to adapt. The most important first step is to find a new attorney in California who handles family law and has experience with cross-border support issues. You can start by contacting the California State... View More
In California, is it legal for a grand aunt, who is in her 50s and is the sibling of a grandparent, to marry her grand nephew who is in his 20s? Both individuals are consenting to the marriage, are not currently married, and no cultural practices are influencing this decision.
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answered on Apr 8, 2025
In California, the law prohibits marriages between close blood relatives, including aunts and nephews. According to California Family Code Section 2200, such marriages are considered incestuous and are void from the beginning. This means that, regardless of the individuals' ages or consent, a... View More
I have 50/50 custody of my 7-year-old son in California. The father often contradicts himself and uses the court order against me when it's irrelevant. Recently, he signed our son up for summer daycare without my consent on 4/7/2025 and informed me afterward. He also takes him outside our... View More
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answered on Apr 7, 2025
If your child's father is violating the custody agreement, the first step is to continue documenting every violation. Keep a detailed record of each instance, including dates, times, and how it violates the court order. This documentation will be helpful when you need to take further action.... View More
I am seeking to lower or potentially terminate alimony payments to my ex-wife in California. Our divorce was finalized in 2018 after 19 years of marriage, and the agreement included her obligation to become financially independent. Since 2020, I've started a business that has had losses the... View More
answered on Apr 7, 2025
Support is based on the income during the marriage and the lifestyle to which the parties became accustomed during the marriage. Every year post judgment, you have the right to ask her for updated income information via Income and Expense Declaration and a copy of her latest tax return. If you... View More
I was falsely accused by my ex-wife of assault during a child exchange, which led to my arrest. Her boyfriend, a police officer, was involved and is listed on the incident report. I have video evidence disproving the allegations, and the charges were rejected by the DA. However, the situation has... View More
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answered on Apr 5, 2025
I'm really sorry you're going through this — it sounds incredibly difficult and unfair. Since the charges were rejected by the DA and you have video evidence, you're in a stronger position to take next steps. You may want to explore filing a civil lawsuit for defamation,... View More
I am currently in the middle of a divorce case. My ex-spouse was granted a Domestic Violence Restraining Order (DVRO) for abusing their parent. I plan to file a Request for Order to Modify (RFOMOD) custody based on this DVRO. Typically, other courts schedule Request for Order (RFO) hearings in... View More
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answered on Apr 5, 2025
Yes, you may have grounds to request an expedited hearing given the circumstances. A DVRO, even if not directly involving you or your child, can be relevant to custody if it shows a pattern of violence or instability. Courts prioritize the best interest of the child, and safety concerns can justify... View More
I am a father with a restraining order against me, prohibiting unsupervised visits with my children for up to 3 hours max. Despite this, the mother of my kids has allowed them to visit and sometimes stay overnight or for several days. We attended mediation where I disclosed this, but the mediator... View More
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answered on Apr 5, 2025
You should be very cautious about bringing up the unsupervised visits in court, even if they were allowed by the mother. The court could see this as a violation of the restraining order, regardless of whether the mother permitted it. Judges take restraining orders seriously, and any deviation can... View More
My wife and her mother equally own a mobile home, but we are renting the land it sits on under a 5-year lease ending in June 2026. Recently, my mother-in-law packed up and left without any notice, refusing to pay her share of the rent. She is on probation from a DUI and recently received her full... View More
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answered on Apr 4, 2025
Under California law, when multiple parties sign a lease agreement, they typically share joint and several liability for the entire rent amount, meaning you and your wife are indeed responsible for the full payment despite your mother-in-law's departure. The informal transfer of ownership to... View More
I want to change my mother's middle name on my U.S. birth certificate to match her Mexican birth certificate. On my U.S. birth certificate, issued by Los Angeles County, her middle name was translated into English. I have her original Mexican birth certificate confirming her name. I've... View More
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answered on Apr 4, 2025
Thank you for reaching out regarding your birth certificate amendment needs. Amending vital records in California, particularly to align with foreign documentation for dual citizenship purposes, requires navigating specific legal procedures. The California Department of Public Health's Vital... View More
I'm filing taxes for the first time as a married couple in California and have a prenuptial agreement stating that all incomes, properties, and debts are separate. The agreement doesn't explicitly mention tax filing. Does this nullify California community property laws when filing taxes,... View More
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answered on Apr 3, 2025
When you have a valid prenuptial agreement in California that clearly states all income, property, and debts are separate, that agreement can override the default community property rules—*including for tax purposes*. Even though your prenup doesn’t mention taxes specifically, the IRS generally... View More
I am currently 18 years old. My parent, who shares half custody with my father, previously threatened to report me for shoplifting when I was 17, using picture proof they had found, unless I avoided my friends and boyfriend and attended counseling. I've already started counseling and have... View More
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answered on Apr 3, 2025
Now that you're 18, your parent cannot legally compel you to follow their demands under threat of reporting a past incident. While shoplifting is a serious issue, using such threats to control your behavior could be considered emotional abuse or manipulation. Since you were a minor at the... View More
I currently have parental rights for my son, but his guardian recently passed away. I wish for my old foster mom, who already has custody and guardianship over my other son, to be the guardian of my son as well. However, my biological family, which includes the family of the deceased guardian,... View More
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answered on Apr 3, 2025
In California, to secure guardianship for your son after his previous guardian's passing, you need to continue pursuing the petition you've already filed with the probate court. This petition should clearly outline why your foster mother would be the most suitable guardian, emphasizing... View More
I am 16 years old and my parents are divorced. My father has 5% physical custody but 50% legal custody regarding decisions like school and medical care. I haven't spent time with my father in about five years, and I am scared of him. My mother is threatening to make me live with him because I... View More
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answered on Apr 3, 2025
Under California law, custody orders must be followed by both parents, but enforcement becomes complex when the child is 16 years old. If your father attempts to forcibly take you against the established 5% physical custody arrangement, you can contact law enforcement. However, police typically... View More
I am a victim of a domestic violence incident, and now CPS has filed a charge of failure to protect against me, despite having evidence to refute the charges. After a jurisdiction hearing today, which was continued for 30 days due to a restraining order I filed, CPS told me to pull my kids out of... View More
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answered on Apr 2, 2025
You should immediately document this verbal request from CPS in writing, including the date, time, names of officials involved, and exactly what was requested. When dealing with CPS matters, maintaining comprehensive records is crucial for your case. Consider sending a respectful email to your CPS... View More
I married in California but divorced in a foreign country. We owned property in California, which the foreign court ruled was under California's jurisdiction. My ex-spouse got me to sign a grant deed, transferring ownership while I was mentally incompetent. A California judge later granted... View More
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answered on Apr 2, 2025
In California, the statute of limitations for contesting a deed based on mental incapacity is typically four years from the date you signed the document or from when you regained capacity. Given that you signed the deed in 2012, this standard time limit has expired. However, California courts may... View More
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
I am dealing with a judge in California who appears biased against me due to my ex-spouse's opinions stated in previous court hearings, which are not based on facts. The judge suggested I allow my ex-spouse to claim our child on his tax returns, although the child lives with me and only visits... View More
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answered on Apr 1, 2025
In California family court proceedings, addressing perceived judicial bias requires a strategic approach grounded in factual documentation and procedural remedies. Your situation presents multiple concerning elements: potential judicial bias regarding tax deductions despite primary custody,... View More
If a child aged 13 to 17 reports child abuse by their legal guardian, who is their aunt, and there has been ongoing abuse, does the guardian have to be informed that the report was made by the child?
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answered on Apr 1, 2025
Under California law, the identity of individuals who report suspected child abuse is generally kept confidential, including when the reporter is a minor victim. The Child Abuse and Neglect Reporting Act (CANRA) establishes strong confidentiality protections for reporters to encourage reporting and... View More
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