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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Juvenile Law for California on
Q: Hi, my family has been fighting the illegal court custody of my 7m old nephew, who CPS took from his parents at 2 days

old from the hospita. The agent alleged abuse by the mother via a false positive test for substances despite the child testing negative and mother as well, and cleared by doctor to breastfeed. They emergency removed him frim the hospital with armed officers on completely fabricated evidence that... View More

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answered on Jul 30, 2024

You have several options to address this situation. First, document every instance of canceled visits, missed calls, and any uncooperative behavior from the facilitator or foster care providers. This documentation will be essential for presenting your case to the court.

Next, consider...
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1 Answer | Asked in Divorce and Family Law for California on
Q: I was put on the house deed by my mom’s boyfriend. He passed away 5 years ago. Can my soon to be ex husband claim it?

The house is now in my name and mom’s name. It is paid off, no martial income was used to pay or maintenance the house what so ever. The house was not passed down to me through a will, my mom’s boyfriend just added me 15 years ago when he refinanced the house, I was married when my name was... View More

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answered on Jul 28, 2024

Under California law, the house you were added to by your mom’s boyfriend 15 years ago is considered separate property since it was not acquired or maintained with marital income. Because the house is in your name and your mother’s name, and it was not a gift or inheritance passed down to you... View More

1 Answer | Asked in Family Law for California on
Q: If I am asking the court for a hearing date can I submit multiple requests for orders?

I am the respondent to an elder abuse restraining order. I missed my initial court hearing due to a medical emergency. I didn’t submit my response because I legally didn’t have to and thought as long as I have a strong argument on the day of court that it was in my best interest to not formally... View More

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answered on Jul 29, 2024

If you missed your initial court hearing due to a medical emergency and have documentation to prove it, you should request a continuance. Submit your hospital emergency room visit paperwork as evidence of good cause. You can still submit the EA-120 response form, especially if you have evidence... View More

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for California on
Q: a hacked cell phone without permission

my boyfriends child’s mother got access to his cellphone by mirroring it to hers somehow via the sons cell phone i bought him and pay for. she has hundreds of screenshots of personal messages between my fiancé and i and also emails without permission and sends them to others without our permission

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answered on Jul 28, 2024

Under California law, accessing someone's cell phone or personal information without permission is illegal. This includes mirroring a phone to another device to view personal messages and emails. The actions described can be considered a violation of California's privacy laws,... View More

1 Answer | Asked in Family Law for California on
Q: Child support takes my tax refund owed by husband . How to stop payment. He is disabled no income or govt. Assist.

How to request stop child support payment . They take my money. Husband is my dependent . I have 4 kids and 2 grand kids and mom that I support.

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answered on Jul 28, 2024

To stop child support payments in California, you'll need to file a request with the court to modify or terminate the child support order. Since your husband is disabled with no income or government assistance and is your dependent, you should gather all relevant financial documents to support... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Will I be able to take my ex to court for a custody battle but I don't know where they are he won't tell me?

Because he up and left and took our daughter with him and we aren't married and he refuses to tell me where they are and I want to go to court and have my rights to have and see her but he keeps coming up with excuses has to why I can't please help me.

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answered on Jul 27, 2024

You have the right to seek custody of your daughter and can take legal action even if you don't know where your ex is. First, you should file a petition for custody in the family court. Explain your situation to the court, including the fact that your ex has taken your daughter without your... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have a court order to get my child and her father won't give her to me

I called cops and went to court house they said there's nothing they can do is this true

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answered on Jul 27, 2024

In California, if you have a court order granting you custody of your child and the father is not complying, you do have legal options. It’s important to document everything and keep a copy of your court order on hand. Law enforcement should enforce court orders, but there are situations where... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is there anything I can do or file to get my daughter back from her father who let it violation of the court order

I went to pick my daughter up from her father in San Diego I have a court order for him to give her to me it's my week and he refuses to give her to me I called the police they said there's nothing they could do I went to the courthouse to see if I could file something cuz he's in... View More

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answered on Jul 27, 2024

If your child's father is violating a court order by refusing to return your daughter during your scheduled time, you do have legal options. Despite what the police and courthouse staff may have said, you can take action.

First, you should document all instances of non-compliance,...
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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 and Child Custody 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 Child Support, Divorce and Family Law for California on
Q: How do I get my divorce case moving forward again when my ex-husband refuses to show up for court

My husband in the last 3 years since I have filed has only been present only for the domestic violence restraining order hearing that he was contesting other than that he has not made a single Court appearance and the current judge we have will not make any rulings or court orders with both of us... View More

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answered on Jul 25, 2024

To move your divorce case forward in California when your ex-husband refuses to show up for court, you can take several steps. First, you can file a "Request for Order" (RFO) asking the court to proceed without him. Explain to the court that he has been non-compliant and request a default... View More

1 Answer | Asked in Family Law and Divorce 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 Divorce and Family Law for California on
Q: Need to have spousal support reduced or eliminated; afraid going back to court will only result in having to pay more

Divorce was granted about 14 years ago, and spousal support was awarded to my former spouse with no end date stipulated. I was diagnosed with a degenerative neurological condition and cognitive impairment about 5 years ago and have not been able to work full time for the past 3 years. My former... View More

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answered on Jul 23, 2024

In California, spousal support can be modified if there is a significant change in circumstances. Since your diagnosis and reduced work capacity represent a substantial change, you have grounds to request a reduction or termination of spousal support. Additionally, if your former spouse is now... 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

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