Get free answers to your Family Law legal questions from lawyers in your area.
We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.
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answered on Aug 9, 2024
Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More 
He’s filing divorce due to domestic violence. He’s placing retraining order on her. They are not living together but his name is on the wife’s apartment lease. She’s refusing to pay rent and tried to threaten him back to the house. Can he get his name removed from the lease with the divorce... View More
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answered on Aug 8, 2024
Under California law, your brother can potentially have his name removed from the joint rental lease. If he is filing for divorce and has obtained a restraining order due to domestic violence, these legal actions can support his request to be released from the lease obligations. He should present... View More
For me to visit or get any info on his condition. They won't even let me know he is there. What can I do? I am next to kin. I'm his mother.
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answered on Aug 8, 2024
Under California law, as the biological mother and next of kin, you have the right to receive information about your son's medical condition. Start by contacting the hospital's patient advocate or ombudsman to explain your situation and request access to information about your son.... View More
Can the Court impute income for child support retroactively if there was no seek work order and no prior notice about job or imputation was provided?
Existing orders state child support shall be reserved to date of separation. There were no further support orders. There has never been a... View More
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answered on Aug 6, 2024
In California, a court can impute income for child support retroactively, but specific conditions must be met to avoid violating due process. Generally, a court must provide notice and an opportunity for the party to be heard regarding the imputation of income. If there was no prior notice, seek... View More
Spouse is living in a country that is not part of Hague Service Convention or any treaty. Does the 6-month waiting period (CA divorce requirement) only start when summons are sent? My research has been saying proof of service will take a long time if spouse is living overseas (not including the 6... View More
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answered on Aug 4, 2024
In California, the six-month waiting period for a divorce begins on the date the respondent is served with the divorce papers or the date of their appearance in the case, whichever comes first. If your spouse lives in a country that is not part of the Hague Service Convention, serving them can be... View More
The father hadn't paid child support since 2022 of December and the judge was aware of this. My small income was scrutinized in a child support trial earlier this year. Meanwhile the father makes 6 figures and have made no effort to pay child support. The judge literally asked me on the... View More
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answered on Aug 4, 2024
Under California law, you have the right to receive child support from the non-custodial parent regardless of your own income or employment status. The court should ensure that the child support amount is fair and based on both parents' incomes and the needs of the child. It is not appropriate... View More
I have been a primary care giver to a teen whose parents done take care then and she doesn’t have any food in the house and the second teen is in foster care and his parents are both drug addicts
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answered on Aug 4, 2024
It sounds like you are in a difficult situation, caring for a teen without adequate support from her parents. In California, if you are acting as the primary caregiver and the teen's basic needs are not being met, you may need to consider legal options to ensure her well-being. You can contact... View More
My kids went out of state with my mother to visit family for what was supposed to be 2 weeks of summer break but i was unaware that my mother and my cousin planned for them to stay permanently. i have custody but they refuse to bring them home and threaten my safety if I try to take them because... View More
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answered on Aug 3, 2024
I'm sorry to hear about your situation. Given that you have custody of your children, your mother and cousin's actions can be considered serious. First, you should contact California law enforcement, as this is where you and your children reside, and report the situation. They can guide... View More
Given these circumstances, could you please advise on the following:
1. What are my legal options if the county fails to provide the requested court order and records in a timely manner?
2. What steps can I take to ensure compliance and transparency from the county?
3. How... View More
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answered on Aug 2, 2024
If the county fails to provide the requested court records in a timely manner, you have several legal options. You can start by sending a formal written request to the county’s records department, emphasizing the urgency and your right to access these documents. Make sure to keep a copy of this... View More
In Mid-May the judge ordered as follow: 'The parties have been advised that the case has been referred to Family Court Services and to cooperate fully with the Child Custody Recommending Counselor during all stages of the mediation/evaluation. Custodial parent(s) shall make children available... View More
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answered on Aug 2, 2024
To address the missed mediation and hearing, you need to take immediate steps. First, contact the Family Court Services and explain the situation, providing any documentation that shows the mistakes were honest. They can often help reschedule mediation or provide guidance on the next steps.... View More
I was court ordered to supervise visit at my home with my nephew and his daughter and for her whole 3 years have been allowed by both parents to have her anytime I wanted sometimes 4 or 5 days a week.
Now they live with me even her new baby by someone other than my nephew so I see her daily... View More
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answered on Aug 2, 2024
You have a strong bond with your nephew’s daughter, and it’s clear you want what’s best for her. Under California law, the court prioritizes the child’s best interests when making decisions about custody and visitation. Since you’ve been consistently involved in her life and have provided... View More
*Edit: he’s been collecting federal/state aid. An investigator came to my house and said their father put me as an absent parent and I may need to pay child support or my wages will be garnished.I have tried filing for divorce but it was been rejected. I need help!
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answered on Aug 2, 2024
In California, you should immediately seek legal assistance to address the issue of your ex claiming your daughters and receiving aid fraudulently. Document all evidence showing that your daughters live with you full-time, including school records, medical records, and any other proof of residency.... View More
Hey everyone,
I recently ended a toxic, verbally abusive relationship that lasted years. She made hundreds of harassing calls, threatened to contact my employer, and threw things at me. I haven't heard from her in weeks, but as of yesterday, I learned she’s attempting to serve me... View More
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answered on Aug 1, 2024
It’s crucial to stay calm and approach this situation strategically. Since you already have evidence of her harassment and abusive behavior, gathering and organizing this documentation is a strong first step. It’s important to consult with an attorney who can guide you on whether to file a... View More
Hello: A civil harassment case was filed against me in Los Angeles Superior Court on 7/01/2024, but I was never served with any documents and the scheduled hearing was dismissed for lack of prosecution. The online case summary lists its status as "Statistical Disposition 7/26/2024". What... View More
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answered on Aug 1, 2024
The term "Statistical Disposition" typically means that the court has closed the case for statistical purposes, often due to inactivity or procedural issues, such as a lack of prosecution. In your situation, since you were never served and the hearing was dismissed, it appears the court... View More
I moved into a home that my mother told me she bought for me but was in her name, and bought it in a 55+ moble home park but i was 40 at the time. She said that my dad was needing help and he couldnt live with her and her boyfriend anymore, i told her fine i will help dad because that home was mine... View More
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answered on Aug 1, 2024
In California, verbal agreements can be legally binding, but they are often difficult to prove in court. Your situation is complicated by the lack of written documentation and the fact that your mother did not put your name on the deed as promised. It's crucial to gather any evidence you might... View More
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answered on Aug 1, 2024
Living with an elder parent who throws away your personal belongings can be very stressful and difficult to manage. In California, there are no specific laws that address this exact scenario, but there are legal and practical steps you can consider to protect your belongings and address the... View More
Custodial parent has sole custody and other parent has not paid court ordered child support or had contact in over 1 year, there's no established relationship between other parent and child and other parent has been absent most of child's life. I was previously told that custodial parent... View More
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answered on Jul 31, 2024
In California, terminating a parent's rights is a serious legal matter, and it typically requires another person to adopt the child. The main reason for this is that the court aims to ensure that the child has two legal parents who are responsible for their welfare and support. Simply... View More
My ex-wife's attorney filed for an RO extension, and stated the reason was due to a "criminal conviction" for an "I love you " text in March of 2021 to my son for which I was granted a mental health diversion in January 2024. My ex and her attorney are aware. Is this an... View More
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answered on Jul 31, 2024
Under California law, attorneys are bound by ethical rules that prohibit them from making false statements or misrepresentations in court filings. If your ex-wife's attorney knowingly claimed there was a criminal conviction when there was not, this could be a violation of the California Rules... View More
My STB-ex and I are trying to do an uncontested divorce. I think he is hiding money and trying to manipulate me into taking much less than I am owed. He keeps saying that assets are split from date of separation, but we haven't filed anything yet. He has relinquished access to his earnings,... View More
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answered on Jul 30, 2024
In California, the division of assets and debts in a divorce generally starts from the date of separation. This means that any earnings or accumulations after that date are considered separate property. However, official division and legal proceedings usually require filing the necessary paperwork... View More
Can the testing facility for a substance test on the part of CPS be physically present while the party is in the act of urinating to provide sample in a non-criminal, no charges filed, non-consensual, non-drug offense related, no infant drug exposure tested at birth, and heavily contested juvenile... View More
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answered on Jul 30, 2024
In California, the regulations around drug testing, especially in non-criminal cases involving Child Protective Services (CPS), can be quite stringent. Generally, direct observation during urine collection is more common in criminal or employment-related tests, and may be less justifiable in your... View More
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