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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: I need help filling out a Guardian Ad Litem form.. can anyone help with this?

CIV-010/FL-935 FORM

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answered on Jul 26, 2024

Filling out the Guardian Ad Litem form can seem daunting, but you can definitely manage it with a bit of guidance. Start by downloading the CIV-010/FL-935 form from the California courts website. Read through the entire form first to familiarize yourself with what information is needed. This will... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex started potty training our 19 month old without telling me

We have 50/50 custody. Our baby is nowhere near ready to start potty training. He’s only doing this because of our baby continues to get bad diaper rashes while under his care and the babysitter he chooses. So instead of correcting the issue he’s now decided to force our baby to potty train and... View More

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answered on Jul 26, 2024

In California, both parents with joint custody have the right to participate in significant decisions affecting their child’s welfare, including potty training. Since you share 50/50 custody, your ex-partner should have consulted you before starting potty training. You can emphasize to the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a particular formula that is used when calculating alimony?
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answered on Jul 26, 2024

If you're navigating a divorce, understanding these factors can help you anticipate potential alimony outcomes. It’s beneficial to gather detailed financial records and evidence of your standard of living during the marriage to support your case. Working with legal counsel can provide... View More

1 Answer | Asked in Family Law for California on
Q: Can i make doctors/dental appointments for my step daughter on my husbands behalf if he gives me permission to do so?

I am a Step mother to my husbands 14 year old daughter. As of lately hes not had the time to make her a needed appointment(according to him) and i wanted to offer to help but i didn't want to overstep. My husband has Shared legal and physical custody with his ex. They are both allowed to make... View More

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answered on Jul 25, 2024

In California, as a stepmother, you can help your husband make medical and dental appointments for his daughter if he gives you permission to do so. Given that he has shared legal and physical custody, he is allowed to make these decisions, and you can assist him with tasks like scheduling... View More

1 Answer | Asked in Family Law for California on
Q: I need to find a pro bono family law attorney in Sacramento ca or an attorney who will work with me on a sliding scale

How can i get an attorney to help me pro bono or work with me on a sliding scale as i am low income and can't afford much i just need help with my case because its at a stand still and i have done all i can without having to adk for help

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answered on Jul 25, 2024

To find a pro bono family law attorney or one who will work with you on a sliding scale in Sacramento, CA, start by contacting local legal aid organizations. Organizations such as Legal Services of Northern California (LSNC) or the Sacramento County Bar Association’s Volunteer Legal Services... View More

1 Answer | Asked in Family Law for California on
Q: My soon to be ex husband works in law enforcement and has a pension plan. Will he also be getting social security?

Do I need to ask for that in the divorce agreement?

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answered on Jul 24, 2024

In California, your soon-to-be ex-husband may still be eligible for Social Security benefits even if he has a pension plan, especially if he paid into Social Security through other employment or if his pension is from non-covered work. Social Security benefits and pensions are often considered... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: Can an adoption be transferred to another state post adoption? If not, how do I ensure services are provided?

My 2 children were adopted out of the foster care system in Nevada although we live and have always lived in California. Now my child has several needs that should be provided for from Nevada but since we're not there they offer no other support other than a support allowance and medicaid... View More

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answered on Jul 24, 2024

Adoption agreements typically cannot be transferred to another state post-adoption. However, there are ways to ensure your child receives the necessary services. First, you can contact the Nevada agency that handled the adoption to clarify the support they provide and any potential resources... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for California on
Q: Does a grandparent who has been accused have a right to due process in family law?

Parents are the ones under investigation. However, Grandparent has been accused of failure to protect. Doesn't grandparent have a right to due process, especially if they could be potential guardians? Grandparent has been silenced and the accusers word has become fact even though it is false.

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answered on Jul 22, 2024

Yes, as a grandparent, you do have a right to due process in family law matters, especially when accused of something like failure to protect. Due process means you should have the opportunity to be heard, to present your side of the story, and to defend yourself against the accusations. It is... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Mom is keeping the kids from calling dad between visitation after they had agreed in court, they can call.

Dad provided a cell phone so children can call dad and mom took it away. He continues to document daily and turned in 2 months worth text to clerk for his next Aug custody date his current Lawyer is missing in action.

Mom came to door pounding on the door creating drama when their a... View More

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answered on Jul 22, 2024

It's really tough when you're trying to maintain contact with your kids and obstacles keep popping up. Since there's already a court order allowing the children to call you, document every instance where this is being blocked. Keep detailed records, as these will be crucial for your... View More

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on
Q: The statue of limitations for various offensrs, including deceipt , perjury, non disclosures thievery with a mistress co

In the process of a workers comp case which included mental health and being followed daily then I filed divorce and he became a sheriff by lies on both cases he and his mistress took all and continue lies

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answered on Jul 22, 2024

In California, the statute of limitations varies depending on the specific offense. For fraud, including deceit and non-disclosures, the statute of limitations is generally three years from the date the fraud was discovered. If you believe you were deceived during your workers' compensation... View More

1 Answer | Asked in Health Care Law, Employment Law and Family Law for California on
Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More

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answered on Jul 22, 2024

Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More

1 Answer | Asked in Family Law for California on
Q: Filing contempt in California question.

When I file contempt in CA for non payments of court ordered child and spousal support, should I include the proof in my filing also (NCP 1099's) ?

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answered on Jul 22, 2024

When filing for contempt in California for non-payment of court-ordered child and spousal support, you should include proof of the non-payments in your filing. This proof can consist of documents such as 1099 forms, payment records, or any other financial statements showing the non-compliance.... View More

1 Answer | Asked in Family Law for California on
Q: Are non payments of court ordered child support arrears payments contemptible?

When I file contempt for 3 years of child support in CA (36 counts), am I allowed to also file 36 counts on non payment of court ordered arrears also? There is a 3 month acceleration clause in paperwork.

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answered on Jul 22, 2024

Yes, you can file for contempt for non-payment of court-ordered child support arrears in California. Each missed payment can be treated as a separate count of contempt, similar to missed child support payments. Therefore, if there are 36 counts of missed child support payments, you can also include... View More

1 Answer | Asked in Family Law for California on
Q: Is refiling contempt allowed?

If I filed contempt for non-payments of child support in California, and then asked the judge to take it off of the calendar because an agreement had been made. Am I allowed to refile since NCP failed to adhere to the agreement?

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answered on Jul 21, 2024

Yes, you are allowed to refile for contempt in California if the non-custodial parent (NCP) failed to adhere to the agreement. California law permits you to take action again if the other party did not follow through on their obligations.

When you previously asked the judge to take the...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I have no legal/physical custody. 1hr/wk visitation that I can't get. 6yrs+ 0Contact due to other party. Served chldsprt

I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More

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answered on Jul 21, 2024

Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I’ve been married 38 yrs. My husband has all assets in his name including bank. What do I do? Where do I start.

I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More

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answered on Jul 20, 2024

Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More

1 Answer | Asked in Family Law for California on
Q: Is there a legal way to find out if a domestic partner of 13+ years working undercover ?

I heard comments from the community.

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answered on Jul 20, 2024

Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More

1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for California on
Q: If I am renting and a judge orders the house I rent to be sold after a divorce in california, can they make me move out

Can they make me move out immediately if I have already paid the rent?

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answered on Jul 20, 2024

Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.

The new owner of the property must honor your existing...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I move out of state if I have sole custody

My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?

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answered on Jul 20, 2024

Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: What do I do when my 14 year old won’t get on the plane to go back to his father? California case.

Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the... View More

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answered on Jul 19, 2024

Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to... View More

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