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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: Mybfather was a permanent legal resident but he went to mexico for vacations, passed away in México can we clima his car

He left vehículos registerd to his name.how can we claim his cars.

James L. Arrasmith
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answered on Jan 13, 2025

I'm sorry for your loss. To claim your father's cars, you'll first need to gather all necessary documents, including his death certificate, proof of your relationship, and the vehicle titles. If the titles are held in his name, these documents will be essential for transferring... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: mom non citizen parent died. citizen parent charged with murder. Where does the child go and can mom family child?

father not convicted was released but case is active . released from jail.

James L. Arrasmith
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answered on Jan 12, 2025

This is a difficult situation that requires careful consideration of the child's best interests. In California, when one parent passes away and the other parent faces criminal charges but has been released, the living parent generally retains parental rights unless they are found unfit by the... View More

1 Answer | Asked in Family Law for California on
Q: I’m going to file my final judgment myself but ex & her lawyer won’t sign the FL-130 needed for it.

Can I still file the final judgment if my ex and her lawyer are refusing to sign the FL130 form that is needed in the final judgment packet? My case is in riverside county California

James L. Arrasmith
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answered on Jan 11, 2025

Yes, you can still file your final judgment without your ex-spouse and their lawyer's signature on the FL-130 form. In California, if the other party is uncooperative, you can proceed by requesting a default judgment or scheduling a court hearing.

To move forward, you'll need to...
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1 Answer | Asked in Family Law and Child Support for California on
Q: What do I need to file/do to correct when the Judge didn’t use the current Dissomaster (after Sep 1, 2024 version)?

Help! What do I need to file or do to have a correction done when the Judge did not use the correct Dissomaster (after Sep. 1, 2024) calculations on a Child Support modification judgment? At the hearing, the Judge was having trouble with computer software and ultimately ended up not updating to... View More

James L. Arrasmith
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answered on Jan 11, 2025

You have a few options to address this calculation error, with the most straightforward being to file a "Motion for Reconsideration" within 10 days of receiving the written order, specifically citing the incorrect Dissomaster version as the basis for your motion.

If more than 10...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Ex Filed Request for Trial Setting: How Do I File a Motion to Strike?

Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 11, 2025

First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More

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2 Answers | Asked in Family Law for California on
Q: Ex’s lawyer isn’t responding to emails and not filing final judgment.

My ex’s lawyer isn’t responding to my emails. We have had our MSA signed and ready to go for over 4 months now and he’s not filing the final judgment paperwork like he said he would after we signed it. What can I do to make him file it?

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 11, 2025

You have the option of preparing those documents yourself and submitting the judgment package yourself, if you already have a signed MSA.

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1 Answer | Asked in Family Law for California on
Q: 2 years ago I was charged with child cruelty still to this have my kids we are suffering so to false charges I'm facing

Im looking for justice for my kids and my self we are poor these people has not expunged my record yet

James L. Arrasmith
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answered on Jan 9, 2025

I hear how difficult and unfair this situation has been for you and your family. False charges of child cruelty can have devastating effects, and it's understandable that you're seeking justice while dealing with financial hardship.

For help clearing your record in California, you...
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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Traffic Tickets for California on
Q: [Urgent] My criminal case was dismissed.

I had Pre-trial hearing yesterday at Glendale court at 8:30AM. This was a court-order violation during TRO. The DA office decided to dismiss the case during the hearing. I must submit any written proof to the family court by today. I called the court clerk, and they told me I need to call back... View More

James L. Arrasmith
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answered on Jan 8, 2025

Your situation requires immediate attention, and I understand the urgency of needing proof of the dismissal for family court today. Time is critical in these situations, especially when dealing with multiple court systems.

You have several options to pursue right away. First, contact your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Do I need to update or ask my spouse if I can spend money on living arrangements?

Currently navigating a divorce in Monterey County, California. I do not live in the home with my spouse and son, I actually live in my car and sometimes sleep at my work office. Recently, I came across a homeowner willing to cut me a huge deal on rent and utilities, making it so I can have a place... View More

James L. Arrasmith
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answered on Jan 8, 2025

During divorce proceedings in California, all community property and finances remain subject to fiduciary duties until the divorce is finalized, even if the petition hasn't been served yet. Since you're the sole provider, you have the right to use reasonable amounts of community funds for... View More

1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Tax Law for California on
Q: When are they going to update the cases from the 2024 docket?

I'm referring to cases from the Supreme Court.

James L. Arrasmith
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answered on Jan 8, 2025

The Supreme Court's 2024 docket updates are released based on their internal scheduling and case processing timeline.

Looking at previous years' patterns, major case updates typically come out in batches throughout the term, with significant decisions often announced between...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: How do I protect myself from parental interference from paternal grandparents who are trying to take custody of my child

I have raised my daughter her entire life I did not file for custody because her father lives out of state she had no contact with her father's parents for years until recently since then I have went to pick up my child once and been refused had to call the police have had CPS come to my house... View More

James L. Arrasmith
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answered on Jan 7, 2025

You need to take immediate legal action to protect your parental rights - gather all documentation showing your history as the primary caregiver, including school records, medical records, and any communication with the grandparents. Document every incident where they've interfered, including... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How To Get A Restraining Order Dismissed My last name it’s wrong

They lie about me been serve in person I was in diferent city at the time

I knew about it 2 weeks after hiring

James L. Arrasmith
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answered on Jan 7, 2025

Here's what you can do about the restraining order with the incorrect name and service issues:

First, you'll need to file what's called "Motion to Dissolve" or "Motion to Dismiss" the restraining order with the court that issued it. Your grounds for...
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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for California on
Q: How To Get A Restraining Order Dismissed

I never get serve and the pertion person lie about it I got prove that she’s exaggerating

James L. Arrasmith
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answered on Jan 7, 2025

If you weren't properly served with the restraining order and have evidence that the petitioner made false statements, you can file a motion to dismiss or vacate the order with the court that issued it. Bring your proof showing the lack of service and any documentation that counters their... View More

1 Answer | Asked in Family Law for California on
Q: how do i (as a minor) disown my father?

I am 15 turning 16 years old, my father has abuse me from age 5 to 15. Last year I told him I wanted to stop living with him and cut all ties of communication. My father however, still has the ability to make decisions over me. Me and my mother both would like to revoke those and I’m not sure... View More

James L. Arrasmith
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answered on Jan 7, 2025

I understand you're going through something extremely difficult, and I want to help guide you through your options for legally removing your father's rights.

In California, minors can't directly "disown" their parents, but you and your mother can petition the court...
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1 Answer | Asked in Family Law and Child Support for California on
Q: My husband cheated on me and his lover had a baby and it is 6 months old.

My husband cheated on me and his lover had a baby and it is 6 months old. The lover is in Massachusetts and we are in California. What can we do to prevent this lover from going further? Her goal was clearly money. I want to know if she can be ordered to pay for the emotional distress that I and my... View More

James L. Arrasmith
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answered on Jan 5, 2025

In most cases, the mother of the child can pursue child support if paternity is established. Emotional distress claims can be complicated, and you would need to discuss your specific situation with a legal professional to see if such a claim is possible.

You have the right to set boundaries...
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3 Answers | Asked in Divorce, Family Law, Personal Injury and Civil Litigation for California on
Q: Discovery Responses: Motion to Compel vs. Motion to Exclude Evidence

During Divorce, the Ex's counsel requested financial and tax documents in discovery. I provided a Dropbox link in my verified responses. Now, 50 days later, they threaten to file a Motion to Compel Further unless I send the link again within one hour. I informed them that the 45-day deadline... View More

William John Light
William John Light
answered on Jan 4, 2025

The deadline to move to compel is an order to compel a Response or a Further Response. You are being faced with a Motion to Compel Production of Documents. There is no deadline to move to compel where the responding party does not actually produce the promised documents. Your link allegedly did... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: Partial Discovery Responses: Motion Options After 50 Days

If my ex sent 10 discovery questions (1-5 asking for financial documents and 6-10 general written questions), I provided verified responses for all 10, with written answers for 6-10 and for 1-5, I wrote "See Dropbox" and shared an Onedrive link via email. Now, 50 days later, my ex claims... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 2, 2025

To compel further responses to discovery, the moving party must file the motion within 45 days (plus 5 additional calendar days if the responses were served by USPS) to file their motion. There is a meet and confer requirement that must be satisfied before the motion is filed. If your ex waited... View More

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Identity Theft for California on
Q: How can I proceed with a guardianship case I'm self representing but wasn't heard at the court ?

A person is holding my youngest daughter (6yrs old ) and won't returned her back to me she filed a RTO against my mother in law and added me as a additional person so am not allowed to talk to my daughter she doesn't have any legal paper work as to being a guardianship of my daughter I... View More

James L. Arrasmith
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answered on Jan 2, 2025

You may want to gather and organize any documents that show your parental rights, such as your child’s birth certificate and any existing custody orders. Then, you can consider filing an emergency motion in family court, which would allow a judge to address the immediate concerns surrounding your... View More

1 Answer | Asked in Family Law for California on
Q: DCYF is asking me do all these classes counseling, before date of court for probable cause hearing, .. convicted already
James L. Arrasmith
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answered on Jan 2, 2025

You might feel overwhelmed by the requests DCYF is making. It can be frustrating when you sense that your rights are affected, especially if you've already been convicted. These requirements are often designed to address the court’s concerns about the well-being of everyone involved.... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can I go get my children from famly member that was watching children for me and now us denying me accseee to my childre
Shahnaz Hussain
Shahnaz Hussain
answered on Jan 1, 2025

I agree with Mr. Arrasmith's answer. Does this family member have any legal rights over your children? If not, then you as the parent have every right to get your children back. More information is needed to fully understand your position.

You should seek legal advice from an attorney.

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