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California Family Law Questions & Answers
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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3 Answers | Asked in Family Law, Products Liability and Small Claims for California on
Q: Can my parents legally take away and change the password of a device I bought without my permission?

I am under the age of 18.

Robert Kane
Robert Kane
answered on Oct 29, 2024

Yes, your parents can legally take away and change the password of a device you bought without your permission.

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1 Answer | Asked in Family Law for California on
Q: What kind of a attorney that can help with my mom's 4 year missing persons case in San Bernardino county?

I need help of attorney to get the missing persons case re looked at but I'm not sure how to go about it. I need pro bono attorneys

James L. Arrasmith
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answered on Oct 29, 2024

You should look for an attorney who has experience with missing persons cases or family law in California. These professionals understand the complexities involved and can navigate the legal system effectively to revisit your mom's case.

Start by reaching out to the San Bernardino...
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1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.

I left my ex-spouse last March with my two children and her two from her previous marriage(I had raised them since they were not even 1 and 2, and they are now 7 and 8). I got emergency ex-parte custody orders of my children, and was able to call the biological father of the other two so he could... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry to hear about the challenges you're facing with maintaining your relationship with your stepchildren. In California, stepparents who have formed a significant bond with their stepchildren may have the option to request visitation rights through the court system. Given that... View More

2 Answers | Asked in Family Law for California on
Q: We have a legal separation document that needs to be witnessed and filed by a lawyer. We live in Menifee.
Robert Kane
Robert Kane
answered on Oct 28, 2024

You will need to contact attorneys directly to find one right for you.

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1 Answer | Asked in Family Law for California on
Q: How does a grandmother get in touch with her granddaughter, a minor, to determine if she is safe?

The child is probably in foster care system. Calls to caseworker have not been returned or grandmother has been told that they cannot identify her

James L. Arrasmith
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answered on Oct 26, 2024

I'm sorry you're facing this difficult situation. To reach your granddaughter, start by contacting the local child protective services in California. They can provide information on the foster care system and the steps needed to reconnect with your grandchild.

You may also...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Do I need to file for custody?

My child's father is not on the birth certificate but we do have a child support case open. I want to be able to get her a passport and travel. Do I need to file for custody?

James L. Arrasmith
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answered on Oct 26, 2024

In your situation, obtaining a passport for your child and planning to travel may require clear legal authority regarding custody. Since the father is not listed on the birth certificate, establishing his parental rights might already be part of your ongoing child support case. However, without a... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: How do I get a restraining order dropped that I did not want but it's through his probation?

me & my boyfriend were arguing & he would not get out of my car, I pulled over, parked, got out to make him get out of my car also. We both left my car & took off walking. about 30 min later we both came back to my vehicle. I tried to get my keys ready to get into my car before he could... View More

James L. Arrasmith
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answered on Oct 26, 2024

To have a restraining order dropped that was filed through his probation, you’ll need to take specific steps within the legal system. Start by reviewing the order carefully to understand the terms and the reasons it was issued. It may be beneficial to gather any evidence or witnesses that can... View More

1 Answer | Asked in Family Law for California on
Q: Do I need to file a request for order to move out of state with my 16 year old daughter if she lives with me full time?

Her mother pays me court ordered child support and has not attempted to contact my daughter at all since she came to live with me in Feb of 2023. We want to move to South Dakota to be with family in May of 2025. My daughter will be 17 at that time. Our custody agreement states I have to notify her... View More

James L. Arrasmith
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answered on Oct 25, 2024

You should start by formally notifying the mother in writing at least 30 days before your planned move, as your custody agreement requires. Even though the order doesn’t specifically address out-of-state moves, providing clear and timely notice is essential.

However, because moving out of...
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1 Answer | Asked in Family Law for California on
Q: Is it illegal for my ex husband to take out daughter out of state without my consent and not bring her back?

I filed for divorce and he took off to Tennessee and filed for emergency custody. What do I do?

James L. Arrasmith
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answered on Oct 24, 2024

It's generally against the law for a parent to take a child out of state without the other parent's permission, especially during divorce proceedings. Since your ex-husband has filed for emergency custody in Tennessee, it's important to respond promptly to protect your rights and... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I sue for, baby father was deceitful rendering me now homeless while pregnant during dangerous situation

Pregnant & suffering from syncope & HG; daily life is sufferable & becoming hard to care for myself as weak. My baby father tried to force me into an abortion, in which I refused. He came around with another deceitful plan instead, saying he wants the baby & made promises to support... View More

James L. Arrasmith
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answered on Oct 24, 2024

I'm truly sorry you're facing this difficult situation. You may have grounds to take legal action for emotional distress, financial support, and any damages caused by his actions that left you homeless while pregnant. His attempts to coerce you into an abortion and subsequent abandonment... View More

5 Answers | Asked in Family Law for California on
Q: I signed a retainer agreement and paid the retainer fee. The attorney never signed the retainer

The case was very short, he spent the retainer and says I still owe him a lot of money.

California law is he entitled to more payments if he did not sign the retainer agreement?

Tobie B. Waxman
Tobie B. Waxman
answered on Oct 24, 2024

Review the invoices. If the work done was legitimate and necessary to your case, then yes, you should pay the invoices. The fact that your attorney may not have signed the retainer agreement you signed does not mean you are no longer obligated to pay for his/her services. If the fees were... View More

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1 Answer | Asked in Domestic Violence, Family Law and Libel & Slander for California on
Q: Example: I have rights as a mother. I have right to safety. Abuser can get away with defamation & abuse.

Husband abused me. Then continued to post separation by defaming me & taking away child. Supervisor violated my religious rights.

Financial hardship, emotional pain

He is protected. I cannot sue him for defamation. Family court will not clear my name. I cannot sue emergency... View More

James L. Arrasmith
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answered on Oct 23, 2024

I’m truly sorry you're facing these challenges. Reaching out to a local attorney who understands family and defamation law in California can provide guidance tailored to your situation.

Support organizations for domestic violence survivors can offer resources and assistance, helping...
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1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: If a notice and citation to parent legal if the details are incorrect?

Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and the... View More

James L. Arrasmith
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answered on Oct 23, 2024

If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More

1 Answer | Asked in Family Law for California on
Q: If the hospital is not getting my conservatorship paperwork back to me can I file with medical records?

Trying to get conservatorship of my 21 year old daughter who was in a tragic car accident an is on life support in icu

James L. Arrasmith
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answered on Oct 23, 2024

I'm sorry to hear about your daughter's condition. In California, seeking conservatorship for an adult typically involves proving that your daughter is unable to make decisions for herself due to her medical condition.

If the hospital isn't returning your conservatorship...
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2 Answers | Asked in Divorce and Family Law for California on
Q: Am I able to serve the divorce petition and summons with the financial documents all together?

I also moved back in with my parents after we separated. Do I have to include their income in the FL-150 form under section 12? Also, am I allowed to leave any sections blank if they don’t apply? Thank you!

Martha Bronson
Martha Bronson
answered on Oct 23, 2024

Yes, the financial disclosure documents and declaration can be served at same time as the summons and petition. Please see Family Code Section 2104(f), which states in pertinent part: "The petitioner shall serve the other party with the preliminary declaration of disclosure either... View More

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