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California Family Law Questions & Answers
2 Answers | Asked in Family Law for California on
Q: For unsupervised visitation can I take the child home for the two hours visit I am the maternal grandmother

I filled for guardianship of my granddaughter and was denied but I was granted unsupervised visitation for 2 hours once a week we meet up at a park to pick up the child and took her home the father fallowed me to my house

Can I take the baby to my house if I have unsupervised visits? The... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, if the judge granted you unsupervised visitation without specifying a location, you can usually take the child to your home during your visits. However, it's a good idea to review the court order or consult with a lawyer to ensure there are no specific restrictions.

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2 Answers | Asked in Family Law for California on
Q: couple people they have been making a whole lot of talk and noise for the past year. I want to get a restraining order.

Is there anything they could have done like lie so I get in trouble or can't get one against them. I've lived in the area they never have. I'm pretty sure they have been bothering a neighbor so everyone is madd at me.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

To get a restraining order, you must prove harassment, threats, or actions that make you fear for your safety. False claims by the other party can complicate things, but evidence like witness statements or recordings of their harassment will strengthen your case.

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1 Answer | Asked in Family Law for California on
Q: I am a Oregon visitation monitor. I received court paperwork from California? father has mother and me listedrespondent
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answered on Sep 14, 2024

Receiving court paperwork from California when you are an Oregon visitation monitor can be confusing. It's important to understand why you were named as a respondent in this case. Generally, if you are listed as a respondent, it may be because you have relevant information or involvement in... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can I be help with a cps case because I have been racially discriminated and my daughter detained from my care?

I am 24 and my daughter is five my case worker has retailed against me because I reported her for labeling me as petty now I was told be my appointed lawyer that even if I complete my case plant daughter won’t return to me because her and her supervisor to my lawyer that I’m focused on my... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you're going through a difficult time with your CPS case, and it's important to know that you have rights. If you believe you’ve been discriminated against or retaliated against, you may be able to seek legal help to ensure you are treated fairly. Gathering evidence like... View More

2 Answers | Asked in Family Law and Elder Law for California on
Q: Is it legal for someone to take his deathly ill mother to sign the house over to him while she is on hospice?
Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The legality of having a terminally ill person, such as a mother in hospice care, sign over property depends on factors like mental capacity, potential duress, and whether the decision reflects her true wishes. The person must fully understand the transaction; if illness affects this understanding,... View More

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1 Answer | Asked in Contracts, Estate Planning and Family Law for California on
Q: My best friend passed away about a month ago. He had/ has a Harley Davidson. In the best interest of the mother, we had

the bike moved off-site. I have the pink slip. One of the roommates wants the pink slip, she is good friends with whom the bike is stored at. She states she is trying to sell the bike, but I'm saying, until the buyer is at this house with cash in hand I'm not handing over the pink slip.... View More

James L. Arrasmith
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answered on Sep 12, 2024

It sounds like you're in a tricky situation, but you’re on the right track by being cautious about handing over the pink slip before ensuring the bike is properly sold and the proceeds go to the mother. The pink slip represents ownership, so holding onto it until the sale is finalized... View More

2 Answers | Asked in Family Law for California on
Q: What does it mean when they say there's no allegations in court
Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

No allegations in court" means no formal accusations have been made, so there's nothing specific for the court to address.

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1 Answer | Asked in Family Law for California on
Q: If a respondent asks family members to write a declaration and it is full of lies, what consequences if any are there?

In a custody modification case, the respondent had their sibling, new partner, and friend submit declarations that all followed a similar theme, portraying the peritioner in the most negative light possible. However, factual evidence contradicts many of their claims. Could there be legal... View More

James L. Arrasmith
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answered on Sep 11, 2024

In a custody modification case, if declarations submitted by family members, partners, or friends are found to contain false statements, there could be serious consequences. Family courts prioritize the best interests of the child, and providing false information can damage credibility. If it is... View More

1 Answer | Asked in Family Law for California on
Q: Juvenile dependency case

Help to fight against riverside county’s child protective services and possible lawsuit for false allegations and creating trauma towards my 12 year old daughter as well as making me an unstable mother BUT I have all documentations of every kind and witnesses from non relative or any relation of... View More

James L. Arrasmith
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answered on Sep 11, 2024

Facing a juvenile dependency case can be overwhelming, especially when you believe the allegations are false and have caused harm to your child and yourself. It’s important to gather all your documentation, such as records from doctors, law enforcement, and other credible witnesses who can attest... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Divorce and split house 50/50

We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More

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1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Probate for California on
Q: Why would I have a detention hearing from CPS?

My children remain in my care but I was made to sign a “safety plan” and given a detention hearing court date. Everything online says these take plan after/if children are removed. What is to be expected at this hearing? Do I need a lawyer and how do I get information on these allegations?

James L. Arrasmith
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answered on Sep 8, 2024

A detention hearing from Child Protective Services (CPS) typically happens when there are concerns about a child's safety or well-being. Even though your children remain in your care, the fact that you were asked to sign a “safety plan” suggests CPS may have identified some risks or... View More

4 Answers | Asked in Domestic Violence, Family Law and Car Accidents for California on
Q: So I was involved in a incident I had calmly asked to press charges and file a restraining order but PD said I can’t

That I would have to go to court. Isn’t that against the law? What can I do? Especially when I have been assaulted.

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

The decision to press charges lies with the police and prosecutor, who review the evidence to determine if charges should be filed. If the police decline, you can file a complaint directly with the prosecutor. For restraining orders, you usually need to file a petition in court, unless the police... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: how do i find my child in another state? how do i get custody or some sort of visitations? PLEASE HELP ME

i went to prison in 2017 and was forced to sign some papers what i think was signing mhy rights away to my son.i dont know what states hes in and the only time his mom contacts me is when she needs something. i want to be apart of my sons life not just as an atm but as an actual father. i need help... View More

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

To find out where your child is, start by contacting the child's mother for his location. If she refuses, consider hiring a lawyer or private investigator, or seek help from friends, family, or social media. Consult a family law attorney in your state or where your child may be to determine if... View More

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1 Answer | Asked in Family Law for California on
Q: If I sign a affidavit for my child for some one else to get him to school and doctors can they take my kid from me

With that

James L. Arrasmith
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answered on Sep 7, 2024

When you sign an affidavit allowing someone else to take your child to school or the doctor, you're generally giving them temporary permission to make those specific decisions. This does not mean you are giving up your parental rights or transferring custody. The person you've authorized... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How can I obtain all rights taken away from father?

I have full custody of my son, father is trying to modify order. He has only seen him 8 times in one year. Has visitations Saturday and Sunday from 9am-12pm each day. Has been asked to take couple of classes since I have a restraining order against him for DV. But has not taken any class he has... View More

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answered on Sep 6, 2024

To seek termination of the father's parental rights, you need to demonstrate that his behavior is detrimental to your child's well-being. Since he has not consistently exercised his visitation rights and has ongoing issues such as drug problems, mental health concerns, and failure to... View More

2 Answers | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for California on
Q: Can I take ownership/control of property owned by my sister who is on drugs, brain damaged and lives homeless?

Sister on drugs (lifetime), homeless by choice (brain permanently damaged - drugs). Mom helped her spend her inheritance from father (now deceased) to buy a home for her and her kids. State took her kids from her (due to drugs and mental issues), and she "ran away" from her house to be... View More

Julie King
Julie King
answered on Sep 6, 2024

You'd need to become her conservator. Conservatorships have notice and other requirements to be sure someone isn't "railroading" a relative and becoming a conservator just so they can steal the disabled person's assets. I'm NOT saying that is what you are doing.... View More

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1 Answer | Asked in Family Law for California on
Q: I'm in CA. My father passed away in Dearborn County Indiana. I need a lawyer to look over a general durable POA.
James L. Arrasmith
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answered on Sep 5, 2024

When dealing with a general durable power of attorney (POA) and your father's passing in Indiana, it's important to get clarity on its validity and implications. A lawyer familiar with both California and Indiana laws can help review the document to determine its impact on your... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: If custodial parent is denying court ordered visits(supervised)and non custodial filed for contempt , what happens next?

My brother (non custodial parent) is supposed to do a step up program, his first step is supervised visits twice a week and mother designated the supervision monitor. 3 weeks into the visits mother(custodial)stops responding and when he asks for his visits mother states she wants him to get a court... View More

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answered on Sep 4, 2024

Your brother should absolutely continue requesting his visits and documenting all communication with the mother. If she is denying court-ordered visits despite his compliance with her request for a court-appointed monitor, this could strengthen his contempt case. Keeping detailed records of her... View More

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: I am on a mortgage loan with my SIL and want to get out of it but she does not want to refinance or sell. What to do?

I am not on the title but I am on the loan.

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answered on Sep 4, 2024

If you're on a mortgage loan but not on the title, getting out of it without refinancing or selling can be challenging. Since you’re responsible for the loan, but have no ownership rights, the situation is more complicated. Your best course of action would be to try to negotiate with your... View More

1 Answer | Asked in Family Law, Business Law, Child Custody and Civil Litigation for California on
Q: Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?

I followed a court order in my divorce/custody case, but due to a court error, it appeared I hadn't complied. The court clerk acknowledged the mistake. Despite this, opposing counsel immediately accused me in their declaration, stating, "Petitioner's actions and stonewalling... View More

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answered on Sep 4, 2024

In custody cases, courts prioritize facts and evidence over unsupported allegations. If you have documented proof, such as the court clerk's acknowledgment of the error, that you complied with the court order, the court is likely to focus on this evidence rather than on opposing counsel's... View More

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