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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: Im 23. 2 years ago I got a 52-50 and then 6 months later got 51-50. Google says I have a lifetime ban from guns

I have been hunting my whole life and have my hunting license since 12 and still have one in pocket up to date. I’m not a danger. The past 2 years I been going to a therapist and have like 100 or whatever good visits. My therapist says I should have no problems getting my rights back and the ban... View More

James L. Arrasmith
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answered on Oct 8, 2024

In California, restoring your gun rights after a conviction involves a specific legal process. You will likely need to petition the court to have your rights reinstated, demonstrating your rehabilitation and good behavior since your convictions. Gather all relevant documents, such as proof of your... View More

1 Answer | Asked in Family Law for California on
Q: What is a minute order? In family law
James L. Arrasmith
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answered on Oct 8, 2024

A minute order is a written record created by the judge during a court proceeding in family law cases. It summarizes the decisions made and any agreements reached during the hearing. This document serves as an official record of what was discussed and determined, ensuring that both parties are... View More

1 Answer | Asked in Family Law for California on
Q: My parental rights were recently terminated because the judge said removing my kids wouldn't be detrimental to them

However we were told by the caretakers not to throw them under the bus (which meant " Do not tell the courts that you've been spending 4 out of 7 days with the kids) so without a bonding assessment the only thing the judge looked at was that we missed 40 visits and stripped us of our... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're going through this challenging situation. It's important to present all relevant information to the judge to ensure a fair evaluation of your relationship with your children.

Start by gathering any evidence that shows the time you've spent with your...
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4 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: In California, which form do you use to respond to a Petition for Instructions in a probate case?

Trustee has filed a Petition for Instructions and I would like to respond to this request

Cordia Lynn Farrell
Cordia Lynn Farrell
answered on Oct 7, 2024

Simply draft a pleading entitled “Objections of (insert your status and name , ie Heir Phil Suth) to Petition For Instructions”.

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2 Answers | Asked in Estate Planning and Family Law for California on
Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

Julie King
Julie King
answered on Oct 7, 2024

Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More

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1 Answer | Asked in Family Law for California on
Q: This is family law in California question about the refund of previously paid temporary spousal support.

My wife filed in 3/15/2021 and started cohabiting with her boyfriend in 6/2021. Somehow, I was required to pay temporary spousal support. I think the court was not aware of the cohabitation since my attorney didn't object due the cohabitation. The boyfriend has a master's degree, has... View More

James L. Arrasmith
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answered on Oct 6, 2024

Given your situation, it's understandable that you'd want to recover the spousal support you paid while your wife was cohabiting with her boyfriend. In California, cohabitation can significantly impact spousal support arrangements because it may reduce the supported spouse's need for... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: I am in a divorce since 2019, my ex is self employed ,child support Is not determined, a forensic evaluation appointed

I am in a divorce since 2019, my ex is self employed , child support Is not determined, a forensic evaluation requested , he didn’t provide his taxes to her, the forensic evaluator ask my attorney to file her declaration she is suggesting my ex not to send his taxes and she only need bank... View More

James L. Arrasmith
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answered on Oct 6, 2024

It sounds like you're facing a challenging situation with your divorce proceedings and the determination of child support. The fact that your ex is self-employed and not providing his tax returns complicates matters. It's understandable that you're concerned about the forensic... View More

1 Answer | Asked in Family Law for California on
Q: Child support order modified from date of filing, which was 6 months ago, refund of excess paid during those 6 months?

If it cannot be reimbursed, why so? child support decreased due to the modification.

James L. Arrasmith
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answered on Oct 3, 2024

When a child support order is modified, the new payment amount usually takes effect from the date of filing the request for modification. However, if you overpaid during those six months, it's not always guaranteed that you'll be reimbursed for the excess payments. Courts sometimes view... View More

1 Answer | Asked in Family Law for California on
Q: My ex goes months without seeing our toddler with a 50/50 custody order. He clearly is not abiding by it.

After 7.5 weeks he has now messaged me about seeing him. Prior to its been no call no shows, doesn't even call. My toddler doesn't want to go and clearly the system is failing us. This is certainly not the first time his father has pulled this. He got our case that was supposed to be... View More

James L. Arrasmith
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answered on Oct 2, 2024

I'm sorry you're going through this challenging situation. It's important to address your ex's non-compliance with the custody order through the proper legal channels. Keeping your child beyond the agreed schedule could potentially be seen as interfering with the court order,... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can other parent force me to take child to church?

My child’s mother and I have joint custody. Our daughter is 9 and last year her mother decided to enroll her in cathechism and while I’m not religious I allowed it. However, she never did do what was required and so my child basically “failed” so I decided no more. It is a waste of money... View More

James L. Arrasmith
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answered on Sep 30, 2024

In your situation, the other parent cannot force you to take your child to church or comply with religious activities during your custodial time, especially if you both have joint custody. Decisions regarding your child’s religious upbringing are typically considered joint legal decisions,... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Alimony includes a bonus from variable income. Could / should it be capped to the marital standard of living?

Married for 36 years, supported spouse has not worked for 20 years, has a degree in Engineering but cannot find job. Claims the length of marriage and the loss of carrier due to rising kids entitles her to uncapped bonus added to the fixed support. Please, clarify if variable income from consulting... View More

James L. Arrasmith
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answered on Sep 30, 2024

When it comes to alimony and variable income, California courts focus on maintaining the supported spouse's marital standard of living. Variable income, whether from consulting or a full-time job, can be included in support calculations. However, the amount may be capped or adjusted based on... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: family court case can i write a letter to the judge regarding the current case?
Tobie B. Waxman
Tobie B. Waxman
answered on Sep 29, 2024

No one will read it. Unless there is a pending hearing, anything you file with the court will get stuck in the case file and no one will see it, read it, or consider it. If you have a hearing pending, the best way to get information to the judge that is relevant to that hearing is by way of... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: What do I need to request supervised and limited hours visitation for when my ex comes visit my two kids?

My ex took the kids with him for 4 hours when he brought them back both of my kids had their diaper packed with pee as if he didn't change them for hours specially my daughter she had way more peed than my son. Also my son as soon as he got home he wanted to eat and ate his food super fast as... View More

James L. Arrasmith
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answered on Sep 29, 2024

To request supervised and limited visitation for your ex, you will need to demonstrate that his care of your children poses a concern for their well-being. You can begin by documenting the incidents you mentioned, such as not changing the children's diapers and not feeding them properly during... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: if the lawyer mislead the judge in the courts and I proved their was a misunderstanding but the judge disregards

I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it

James L. Arrasmith
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answered on Sep 29, 2024

It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have supervised visits but don't want contact with my daughter's mother or her boyfriend who is the ordered supervisor

My daughters mother is using her upperhand to create haywire visit schedules, just so they fail more than half the time. And creating issues based upon the absence .

James L. Arrasmith
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answered on Sep 29, 2024

It sounds like you're facing a frustrating and challenging situation with your daughter's visitation arrangements. If the court ordered supervised visits with her mother’s boyfriend as the supervisor, but you feel uncomfortable or believe this arrangement is causing unnecessary... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Single mother trying to co-parent with the father but he refuses to pay child support what is the California law

I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 28, 2024

Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services

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3 Answers | Asked in Estate Planning, Family Law, Business Law and Probate for California on
Q: Do i have a case? and enough proof?

My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 27, 2024

Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More

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3 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: So I have a divorce agreement since 2006 and my ex wife has yet to pay me off my 40% stake.

My ex wife has since remarried and has refinanced the property several times, but has yet to compensate my 40% stake my way. The fact that she has remarried and refinanced, does that mean that she should have paid me my stake off ? My name is not on the deed of the house anymore.

For... View More

James Clifton
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James Clifton
answered on Sep 26, 2024

The language in the divorce decree controls when your ex wife has to pay you for your interest in the property. Even though your name is no longer on the deed, your divorce agreement entitles you to a 40% stake in the property if that is the language contained in the agreement. The fact that your... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: My name was removed off the property deed.Prior to this, we had a divorce agreement. Is this agreement still valid?

We have a 40/60 Split on the property, but just found out that decades ago I had signed to remove my name off the deed. I dont quite remember doing that, but apparently there’s a notarize document. The fact that the house is no longer financed, and with my name off the deed, does this means... View More

James L. Arrasmith
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answered on Sep 25, 2024

The divorce agreement and property division terms you reached during the divorce should still be valid, regardless of the change to the property deed, unless you later signed something explicitly altering the terms of that agreement. The fact that your name was removed from the deed does not... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: If i get sole physical custody can I move with my child 75 miless away

If my spouse agrees to me having full physical custody of my child, he would still see her every other weekend, will I be able to move away 75 miles with her?

James L. Arrasmith
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answered on Sep 25, 2024

If you have sole physical custody, you may be able to move 75 miles away with your child, but you still need to follow specific legal procedures. Even if your spouse agrees to full physical custody, they may still have a say in the move if it affects their visitation rights. Courts generally look... View More

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