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California Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: Do I have a chance at full custody of my son ? And is it likely she will be found in contempt

My son mother and I had 50/50 custody since 2022 now she has stopped returning my son and moved to Sacramento with him I put in a request for order for full custody and supervised visits for the mom due to this being her third time the second time she took my son to Texas and blocked me I had to... View More

James L. Arrasmith
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answered on Nov 15, 2024

Based on the details you've shared, you have strong grounds for pursuing full custody, particularly given the documented pattern of parental interference and unauthorized relocation.

The mother's repeated violations of the custody order, including taking your son to Texas...
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2 Answers | Asked in Family Law for California on
Q: I’m in contra costa county and I haven’t been served paper work but the court date is the 13 can I still show up

The court date is on the 13th and I haven’t been served yet. Should I still go with the judge still hear my side

Martha Bronson
Martha Bronson
answered on Nov 10, 2024

With so little information about your case it is challenging to respond with anything more than some generalities about procedure... If you have not been served with papers, we will presume that you do not know what they say and accordingly you do know the details about what is being alleged and... View More

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1 Answer | Asked in Child Support and Family Law for California on
Q: Can I reduce my child support payment temporarily? and how?

I have accumulated more debt, I have been homeless and am in danger of getting my car repossessed. I don't want to stop child support payments but I am in a really tough financial crisis. The mother of my children has threatened me several times and has even asked me to go over my financial... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, you can request a temporary modification of child support payments in California if you're experiencing significant financial hardship. Your situation - including homelessness, risk of car repossession, and mounting debt - would likely qualify as a substantial change in circumstances.... View More

2 Answers | Asked in Child Support and Family Law for California on
Q: If ex and I settle for child support payment less than what the "courts" would dictate can she in the future void this

can she void this agreement and ask for more money if all parties agree to this.

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 6, 2024

It's not a matter of voiding the agreement. What either party can do is seek a modification of the agreement or otherwise get a court order for a different amount of child support. What the court "dictates" is known as "guideline support". It's the law. If you and... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: I been fighting child custody for a yr self representing my self the father is hiding my son because he's mentally ill

Child concealment charges parental kidnapping

James L. Arrasmith
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answered on Nov 15, 2024

This is an extremely serious situation that requires immediate action. You should contact law enforcement right away to report the parental kidnapping and child concealment, as these are criminal offenses in California. File reports with both local police and the FBI, as they handle parental... View More

1 Answer | Asked in Family Law for California on
Q: Family law, divorce

I just started the process of filing for divorce.

My husband left for out of state without informing me on June 14, 2023.

Since then, we have both agreed to remote marriage counseling and have had it regularly.

But I decided to stop it and the last marriage counseling was... View More

James L. Arrasmith
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answered on Nov 15, 2024

In California, the date of separation is when at least one spouse has the intent to end the marriage AND there are clear actions showing this intent. Your husband's departure in June 2023 could be considered the initial separation date, but your mutual agreement to attend marriage counseling... View More

1 Answer | Asked in Family Law for California on
Q: We need to dissolve our CA domestic partnership in order to get married in the United Kingdom where we now reside.

We do not qualify for summary dissolution because of the length of the partnership but a standard divorce seems overly complicated because we don't need to split assets or debts. Also the self divorce process keeps asking for an address in California which we don't have. What would be the... View More

James L. Arrasmith
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answered on Nov 15, 2024

You can file for dissolution of your California domestic partnership through either the Los Angeles or Sacramento court system, but Sacramento might be more appropriate since it's where the Secretary of State's office maintains domestic partnership records.

Since you're...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Domestic Violence for California on
Q: Can I make Motion for reconsideration based on ccp1008, CCP657, federal CCP rules 52, 59, 60b?
James L. Arrasmith
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answered on Nov 15, 2024

In California, you can file a Motion for Reconsideration under CCP 1008, but you must act quickly as there's typically only a 10-day window after service of written notice. Your motion needs to show new or different facts, circumstances, or law that weren't presented in the original... View More

1 Answer | Asked in Family Law, Constitutional Law and Domestic Violence for California on
Q: What does CCP 1008 b mean

(b) A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what... View More

James L. Arrasmith
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answered on Nov 15, 2024

Yes, CCP 1008(b) allows you to file a new DVRO application if you have new or different facts, circumstances, or law to present - this is different from a motion to reconsider.

To file a new DVRO application based on new circumstances, you'll need to submit a fresh DV-100 form along...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California

My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2024

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

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1 Answer | Asked in Family Law and Probate for California on
Q: I got copies of my grandparents deed and their will. As I was contacted private detective asking me if I was the person

Which I was then he told contact attorney as I did she asked me to show proof of who I was and my relationship to my late father then she tells me to get a hold of thi attorney which we will not return my phone calls or my emails, but then I find the court papers filed my dad was once the... View More

James L. Arrasmith
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answered on Nov 15, 2024

You should absolutely consult with a different attorney since the current one isn't responding to you. When a private investigator is trying to locate heirs, it often means there are assets or inheritance matters that need to be resolved.

Based on what you've described, with your...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: What can I do if my child retaliates against me for disciplining her for being suspended by calling CPS

She got suspended from school and I discipline her and she falsely reported abuse for the second time and this time they took all my kids and said they can't give me information due to ongoing investigation

James L. Arrasmith
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answered on Nov 15, 2024

Document everything immediately - keep detailed records of the suspension notice, any communications with the school, and your disciplinary measures. This documentation will be crucial during the investigation.

Contact your local legal aid office or family law attorney right away for...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Cps removed my children from my home because my daughter made false abuse allegations because she got spanked

She was suspended from school for sexual harassment of another student and I spanked her and she called CPS for the second time this time they removed all my kids and said they can give me information due to pending investigation what do I do I been asking for help and options for her since she... View More

James L. Arrasmith
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answered on Nov 15, 2024

This is a serious situation that requires immediate legal representation - you should contact a family law attorney right away to protect your parental rights during the CPS investigation. Keep detailed records of all interactions with CPS and document your daughter's history of behavioral... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What can I do if my co parent does not follow court orders

I’ve had full custody my children’s whole life and he was granted 50/50 last March. Since then, he has refused to bring our children home on multiple occasions. He is court ordered not to come to my residence and he continues to do so, he is ordered not to make derogatory remarks about me in... View More

James L. Arrasmith
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answered on Nov 15, 2024

When a co-parent violates court orders, you have several options to address these serious violations. Document everything meticulously - keep a detailed log of each incident, including dates, times, and specific details of how the orders were violated. Save any relevant text messages, emails, or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is Ex entitled to any of my disability check I got after date of separation even if I owe spousal support?

One time check

James L. Arrasmith
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answered on Oct 31, 2024

In California, disability benefits you receive after the date of separation are generally considered your separate property. This means your ex-spouse typically would not have a right to a portion of those benefits. However, it's important to verify whether these benefits are classified as... View More

2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Tax Law for California on
Q: I need to reopen a case

Due to non disclosure , fraud , conspiracy and perjury

Robert Kane
Robert Kane
answered on Oct 30, 2024

It will be challenging to reopen a case based on allegations of non-disclosure, fraud, conspiracy and perjury. JA will likely provide you some AI generated promotional information. You will need to contact an attorney directly if you want a honest evaluation.

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2 Answers | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: What happened if someone file your birth certificate and a restraining order case I didn’t give them my birth certificat

I didn’t give them permission to use my birth or I didn’t give them permission to file anything. A restraining order case is public records. Anyone can get access to my birth certificate.

Robert Kane
Robert Kane
answered on Oct 30, 2024

Who is "them?"

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Case about attempt to remove custody from father who is touching his daughter without proof. Need help!

a father has been touching his daughter and the kid had talked about it to the girl scouts leader she goes to. the father and mother is no longer together. we do not have any evidence beside the fact the girl mentions it and she is REQUIRED to see her father as the parents have 50/50 custody. we... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry you're facing this challenging situation. Start by carefully documenting everything your daughter has shared, including dates, times, and specific details. Keep a journal of any interactions with the father where he dismisses your concerns or makes negative comments about those... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: Would it be best to let it go through probate as I'm the only child? Thanks for the advice.

Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More

Julie King
Julie King
answered on Oct 30, 2024

Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More

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