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California Family Law Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How could I (a disabled person) protect myself against my adult brother legally / could I press charges for abuse?

I currently live with my dad and he lives with my mom. My mom wants to take me in because she doesn't have any severe medical issues like my dad does, and we're afraid he'll pass soon, but my brother lives with her and he's an emotionally abusive alcoholic and it gets worse when... View More

James L. Arrasmith
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answered on Feb 24, 2024

You have the right to protect yourself from any form of abuse, including emotional abuse from a family member. Considering your situation, you could explore several legal avenues to ensure your safety. This may include filing for a restraining order against your brother, which would legally require... View More

1 Answer | Asked in Family Law for California on
Q: Just got a temporary order father was arrested got out and now is threatening me to bring the cops to pick up the kids

We have joint custody the kids don't wanna go

James L. Arrasmith
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answered on Feb 24, 2024

If you have a temporary order in place and are facing threats or intimidation, it's essential to prioritize your safety and that of your children. Under California law, if the other parent is threatening to involve the police to enforce custody or visitation rights, it's important to... View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: Hi. Can my husband take our child outside of the U.S without my consent if our child has a US passport?

I don’t feel safe for our baby. He and his family emotionally abused me through out my pregnancy and I don’t feel safe traveling with him to his country as these abuses may become physical and I may not have a way out of his country if I or the baby go with him.

T. Augustus Claus
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answered on Feb 23, 2024

In California, and generally across the United States, one parent cannot legally take a child out of the country without the consent of the other parent if both have legal custody. This is to prevent international child abduction and ensure both parents have a say in major decisions affecting their... View More

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1 Answer | Asked in Family Law, Personal Injury and Civil Rights for California on
Q: Registration of out of state order. As in any order with a an upcoming hearing date or order as in a judgement?

I have visitations judgment. I filed for contempt and enforcement of parenting time, and I have a hearing in 2 months. Now, I am thinking of just moving to where the kids are and register out of state order. So which order is it that I need to register, is it the judgment that gave me the... View More

James L. Arrasmith
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answered on Feb 23, 2024

In California, when you're considering registering an out-of-state order, particularly with regards to custody and visitation judgments, it's the finalized judgment that established your visitation rights you would need to register. This would be the initial judgment that granted you... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Can my ex turn off my childs find my iPhone feature during his visitation time?

I bought an iphone for my son, and his father picks him during his visitation time. Is the father allowed to turn off the find my iPhone feature when he has my child, even though I bought the phone? My child is 8 and I don't necessarily trust him with the phone. I just randomly checked his... View More

Robert Kane
Robert Kane
answered on Feb 23, 2024

Yes, a parent can deactivate a child's find my iPhone feature during his visitation time.

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1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Litigation for California on
Q: How to Serve a Subpoena (SUBP-001)?

I am planning to serve a SUBP-001 subpoena to an employee at the local YWCA for an upcoming hearing, specifically a Motion to Set Aside the Previous Minute Order. However, when a registered server attempted to serve them, they refused, stating that “their policy does not allow individual... View More

James L. Arrasmith
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answered on Feb 22, 2024

In California, when serving a subpoena (SUBP-001), the law requires that it be properly served on the individual named in the subpoena. If an initial attempt to serve a subpoena is refused, using a sheriff or a registered process server is a common and legally recognized method to ensure the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: What does it mean if my ex wife filed a 529 form while we have a child custody court case open?
James L. Arrasmith
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answered on Feb 22, 2024

If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:

• Form 529 is used in...
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1 Answer | Asked in Family Law, Elder Law and Health Care Law for California on
Q: Can I report a federal employee, to her employer, who lives in Chicago who keeps ignoring her very sick mother in CA?

Her very sick mother is currently being taken care of by employee's aunts (2), who also have some health issues. We've been trying to contact this federal employee so we can plan on how she can take care of her mother since she is the immediate next of kin being the daughter. Her (2)... View More

James L. Arrasmith
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answered on Feb 21, 2024

Yes, you can report a federal employee to their employer for neglecting caretaking responsibilities of an immediate family member. However, consider the following:

1. Verify the federal agency's policy on employees' duty to care for sick parents. There may be provisions for family...
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2 Answers | Asked in Divorce and Family Law for California on
Q: How do I get a paper to change my marriage name back to my birth name

I want to change it from Hernandez back to Ortega

James L. Arrasmith
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answered on Feb 21, 2024

Here are the steps to take to change your last name back to your birth name after a marriage in California:

1. Obtain a Name Change Petition (NC-100) and Civil Case Cover Sheet (CM-010) forms. These are available online or at your county superior court clerk's office.

2....
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1 Answer | Asked in Divorce and Family Law for California on
Q: What constitutes “unconscionable” spousal support in a postnup?

Spouse A gave up their job to move to where Spouse B lived. They only had 80K in assets and was unable to work for almost a year. Spouse B came into the marriage with 1.7M. Upon marrying they signed a prenup that Spouse A was not comfortable with, but they felt under pressure. The prenup was signed... View More

James L. Arrasmith
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answered on Feb 21, 2024

Based on the facts provided, there are several arguments that the spousal support provision in the postnuptial agreement may be considered unconscionable under California law:

1. The disparity in assets and income between Spouse A and Spouse B is quite substantial. Spouse B earning 5 times...
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3 Answers | Asked in Divorce and Family Law for California on
Q: Getting divorced. Ex's atty has requested any Trust docs to which I'm a beneficiary, is this legal?
James L. Arrasmith
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answered on Feb 21, 2024

Yes, under California law, your spouse's attorney has the right to request information about any trusts in which you are a named beneficiary during a divorce proceeding.

California is a community property state, which means that assets and debts acquired during the marriage are...
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2 Answers | Asked in Civil Rights, Family Law and Personal Injury for California on
Q: Section 1983. Deprivation of civil rights. Sue the police, judges/court and others individually or just sue The State?

Regarding a family case. Falsified police reports, opposing attorney deprives me of response and he claims all kinds of nonesense like asking me political questions, asking me about my citizenship, I have never refused mediation but they claim its inappropriate or I refused or Mediator can't... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under Section 1983 of the United States Code, individuals can file lawsuits against state actors, including police officers, judges, and other officials, for the deprivation of civil rights under color of state law. It's crucial to understand that while you can sue these individuals for... View More

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4 Answers | Asked in Divorce and Family Law for California on
Q: I am looking for a divorce attorney for my son. Are there any attorneys that primarily focus on the man?

His wife is saying that there are no assets to be divided, but they have a house and a couple of cars. He has been a stay at home Dad for the past 10 years.

James L. Arrasmith
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answered on Feb 20, 2024

In California, there are attorneys who focus on representing men in divorce and family law matters. These attorneys understand the unique challenges that men may face in the family court system and work to ensure their rights are protected, especially in cases involving asset division, custody, and... View More

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3 Answers | Asked in Family Law for California on
Q: Serving supplemental declaration and income and expenses documents

My ex was told he would be sanctioned if he didn’t file court documents prior to court hearing. The only reason I found out that he did file paperwork with the court was because I logged in into court search records but otherwise I haven’t received anything through mail like he states he served... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 20, 2024

Yes, he has to serve you with everything and anything he files with the court. He also needs to provide (file) proof of that service. If he's claiming to have served you (i.e. he filed a proof of service) at the time of the hearing you can tell the court that you did not receive what he... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Question on filing a motion to strike in California

In family law in California I filed a “motion to strike” for something in our trial. I did it on pleading paper. The research I did said there is no official forms, that attorneys have templates that they use. It said to type it on pleading paper, list the trial date and the court will right in... View More

James L. Arrasmith
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answered on Feb 20, 2024

In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings that may be irrelevant, redundant, or otherwise inappropriate. While it's true that there is no official Judicial Council form specifically for a... View More

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3 Answers | Asked in Family Law and Divorce for California on
Q: Could I be awarded spousal support?

Marriage of almost 14 years where ex was the primary income throughout the marriage. I was mostly a stay at home mom and eventually did take vocational school of something of his choosing. I always wanted to be medical assistant and work with babies. I’m currently attending school full time for... View More

James L. Arrasmith
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answered on Feb 21, 2024

Under California law, you may have grounds to be awarded spousal support given the length of your marriage, your role as a stay-at-home parent, and your efforts to further your education for employment. The court will consider factors such as the duration of the marriage, each spouse's earning... View More

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2 Answers | Asked in Family Law and Libel & Slander for California on
Q: My girlfriend’s baby’s daddy took text messages between us and altered them and submitted it to the courts what can I do

He made it look like I was bad mouthing her change so many of the messages that I lost my relationship with her because of it and I’m trying to prove that I didn’t say those things I even took screenshots but at this point it was already submitted to the courts so I have to find out. How can I... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 20, 2024

Please discuss your matter with a family law attorney. All evidence presented must adhere to the rules of completeness. You can present your rebuttal evidence during the evidentiary hearing or trial or file your evidence that will explain the original evidence in context.

The information...
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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for California on
Q: Aunt put up a camera after an argument while living temporarily with her

I recently moved in with my aunt (that is renting a house) meanwhile I found an apartment. We recently got into an argument for something that should’ve been resolved rather quickly but she made it into a huge mess. I have only been here a month and a half and have not saved enough money for an... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, the issue of privacy, especially within a home, is taken very seriously. The use of surveillance equipment, such as cameras, in areas where there is a reasonable expectation of privacy without the consent of those being recorded can indeed raise legal concerns. If the camera is... View More

3 Answers | Asked in Family Law for California on
Q: What make judge deny spousal support?

I was nearly married 14 years with my ex being the main source of income in our marriage. We separated in 2020 and have court next week for spousal support. We both have been in new relationships since, I personally dont live with my partner and not sure what his current situation is

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there, there are multiple factors that the court can consider in granting/denying spousal support. Some of the factors are the earning capacity of each party to maintain a sufficient standard of living, contribution to education, ability to pay spousal support, the needs of each party,... View More

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2 Answers | Asked in Family Law and Child Support for California on
Q: How do I get minute order enforced if it doesn’t have a commencement date clarification

On 4/6/23 we had a court hearing for child support, judge order petitioner to pay $1,576. As soon as could I got a copy of the minute order to provide it to the DCSS office but I was told they couldn’t enforce because the judge never clarified or specified the commencement date or start date.... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 16, 2024

Hi there,

it would be best to request a hearing to get the orders corrected. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general and may not apply to particular factual or...
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