Get free answers to your Family Law legal questions from lawyers in your area.
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answered on Jul 18, 2024
In California, if two minors get married with the required permissions and one of them turns 18, their marriage remains legal. The marriage does not become invalid or illegal simply because one spouse reaches adulthood. The legal status of the marriage continues as long as it was valid when it was... View More 
I currently live in Cudahy, CA and the new address will be in Huntington Park, CA. This change will not change father's current visits.
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answered on Jul 18, 2024
If you have full legal and physical custody of your children, moving 15 minutes away should generally not be a problem, especially if it doesn't affect the father's visitation schedule. Such a short distance move typically does not require court approval. However, it's a good idea to... View More
In March 2024, she became extremely hostile and argumentative towards me and sided with my ex husband on everything. We parted ways at the end of March 2024. We received a bill for the month of March and I have been paying my half (in installments). This month being the last month which I am not... View More
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answered on Jul 18, 2024
To file a complaint against your mediator in California, start by contacting the organization that provided the mediation services. This could be a court-connected program, private mediation service, or a professional association. They typically have a formal process for handling complaints against... View More
Father of my child hired a lawyer and lawyer mailed me a subpoena for my 2023 financial records/ bank account/ saving/ Amazon purchases/ any and ALL online detailed purchased/ phone records etc
Father is trying to lower court ordered child support.
The subpoena was mailed to my... View More
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answered on Jul 18, 2024
The subpoena you received by regular mail is not considered legally served. In California, subpoenas must be served in person, so you are not obligated to comply with it as it stands.
You should not provide any financial records or other details to the lawyer without proper service of the... View More
My mother will let me move in with my grandma but I know my Dad will disagree. I currently live with him and can't stand him anymore with the way he treats me. If my mother gives consent do I still need his? Can he force me to come back?
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answered on Jul 18, 2024
Under California law, both parents generally have equal rights to make decisions regarding their minor child unless a court order states otherwise. If you are 17 and your mother consents to you moving in with your grandmother, your father's consent would typically still be required if he has... View More
I gave my counsel 2 completion certificates and a years worth of negative drug tests 7 months. He did jot submit them to the court til 30 days ago. I reached out to him on many occasions requesting the documents but he never returned my calls. Now I go to court tomorrow and they ate wanting to... View More
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answered on Jul 17, 2024
This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:
1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant... View More
My wife is in a just-turned ugly custody case. Her Ex’s lawyer emailed her a pdf file with some misleading information to try and convince my wife that she is in the wrong regarding my stepson’s case. In the email, there was also an attached MC-050 “Substitution of Attorney-civil”. My... View More
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answered on Jul 18, 2024
Under California law, a lawyer is not permitted to use documents to mislead or deceive another party. This conduct violates the ethical standards set by the California State Bar, which mandates that attorneys act with honesty and integrity. Misusing a state document, such as the MC-050... View More
Father of my child hired a lawyer and lawyer mailed me a subpoena for my 2023 financial records/ bank account/ saving/ Amazon purchases/ any and ALL online detailed purchased/ phone records etc
Father is trying to lower court ordered child support.
The subpoena was mailed to my... View More
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answered on Jul 18, 2024
In California, for a subpoena to be valid, it generally must be properly served, either in person or via certified mail, especially if it involves the disclosure of sensitive information such as financial and phone records. Since you received the subpoena through regular mail, it may not be legally... View More
I've always helped my daughter and my son in law with their three boys for almost 10 years and never charged them. I was grateful to be in a situation to be the one to watch them. So I am very close with all three boys. Until recently I was blessed to not need to work so I helped financially... View More
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answered on Jul 18, 2024
In California, grandparents can seek visitation rights under certain circumstances, particularly when it's in the best interests of the grandchildren. Given your close relationship and history of involvement in their lives, you may have grounds to petition the court for visitation. Start by... View More
a fam law matter governed by the same as per rules of court local and otherwise on multiple cited counts. What is the means to have matter heard under the correct department or atleast have the argument heard as to why it should be governed under said dept. for instance dvro violation handled as... View More
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answered on Jul 18, 2024
In California, when dealing with a legal matter that seems misaligned with its intended department—like a domestic violence restraining order (DVRO) violation being handled as a misdemeanor criminal case—the correct procedure involves addressing this discrepancy during court proceedings.... View More
I have done many searches on this topic and cannot find a sample format to use
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answered on Jul 18, 2024
Preparing an Attachment 13 for a conservatorship Final Accounting under California law involves several key steps to ensure accuracy and compliance. Start by gathering all financial records related to the conservatorship, including bank statements, receipts, invoices, and investment statements.... View More
My mom denied som and so I said are you going to swear by it and she said yes so I told her that I had proof that she did say this thing and they got made at me for recording them not acknowledging the fact that I caught my mom red-handed in her lie, and they ignored that fact, but they blame me... View More
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answered on Jul 18, 2024
Under California law, recording conversations without the consent of all parties involved is generally prohibited unless certain exceptions apply. California is a "two-party consent" state, which means that all parties must consent to the recording of any confidential communication,... View More
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answered on Jul 18, 2024
If you were living with your daughter after your ex-partner gained custody but then asked you to leave and is now pursuing court action, it's crucial to understand your legal rights under California law. In family law cases involving custody and living arrangements, courts prioritize the best... View More
I served my ex with FL-396 and received last years tax return and latest pay information. Can I still subpoena the same documents from the IRS and their employer to confirm accuracy?
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answered on Jul 18, 2024
In a post-judgment family law case in California, you can subpoena tax returns and pay information from the IRS and your ex’s employer. Since you have already served FL-396 and received last year's tax return and the latest pay information, subpoenaing these documents can help verify the... View More
In short…. My dad being more creditworthy…. Is going to pull out a loan to help me start a business. My stepmom served him with divorce papers and I’m wondering if she would be able to take part of the business as part of their divorce settlement. And what our best course of action would be.
answered on Jul 13, 2024
It seems unlikely that your stepmom can take part of your business if my dad leaves her and is the one that pulled out the loan to help me fund it,
My ex has been living with his new girlfriend for almost 3 years and she has become totally unbearable she doesn't let me see or speak to my kids anymore over the last month she tries to dictate everything and my ex continuously says that's his partner and she has to help him make all the... View More
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answered on Jul 18, 2024
Under California law, you have the right to see and speak to your children, and your ex’s girlfriend does not have the authority to control or limit your access to them. Since there is no court order currently in place, you should proceed with filing for a custody order as soon as possible. This... View More
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
My siblings and I are the beneficiaries of property through a trust. I am the successor trustee. We want to leave the deeds in the name of the trust and rent out the properties.
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answered on Jul 12, 2024
You will need a CA attorney to draft the deeds. You as Trustee will be the named, legal grantor, not the Trust itself. Be careful forming the LLC. Pick a good State, not CA, and make a good operating agreement orienting to managing the rentals. Remember there will be taxes, insurance,... View More
The day of my Ex husband deposition, my lawyer surprised me & tried to settle my case & told me I won’t get alimony after 31yrs of being a housewife and abused with domestic violence. since the night before I had taken sedation meds my brain was foggy so couldn’t concentrate. They got... View More
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answered on Jul 18, 2024
Under California law, you may have the opportunity to challenge the agreement reached during your deposition regarding alimony. California Family Code section 664.6 deals with binding agreements reached during litigation, but it's crucial to understand your rights in this context. Since you... View More
They spend every other weekend with him, 3 weeks in summer and 1/2 of Xmas break. We alternate some holidays. My kids are 9 and 12. Do they have a say?
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answered on Jul 18, 2024
Under California law, children who are 9 and 12 years old do have a voice in custody arrangements, but they do not have the final say. The court considers their preferences along with other factors such as their maturity level and the reasons behind their preferences. It's important to listen... View More
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