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California Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Family Law and Public Benefits for California on
Q: If the state oversteps a parent and issues a removal with no just cause what are the parents legal options

Need immediate attorney. Civil harassment and liability with unlawful search and seizure of jurisdictional minor denied access with no recourse from the current appellate court. What are the options in a family court

James L. Arrasmith
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answered on Sep 4, 2024

If the state has removed your child without just cause, you have several legal options to challenge this. First, you should file an immediate motion in family court to request the return of your child. This can include a request for an emergency hearing, where you can present evidence that the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I add my last name to my child’s as part of my divorce in California? Tried the normal route and told wrong venue

Followed all the steps for child name change: I filed, served (the father,) paid to have printed in the newspaper and appeared in court but was told by the judge it was the wrong venue due to the fact that I am also going through a divorce. so my question is do I fill out the civil name change... View More

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answered on Sep 5, 2024

In California, when you are going through a divorce and want to change your child's last name, you need to handle it within the context of your divorce proceedings in Family Court. Since you were informed that the civil court was the wrong venue, you should address this matter directly in your... View More

1 Answer | Asked in Family Law and Probate for California on
Q: I am looking for a lawyer who can help with probate for my nephews who live in England and their father recently died

My younger brother died June 6th 2024 with no will we can find. he has lived in England for over 30 yrs an has 2 children 1 14yrs old and 1 17.5 yrs old

James L. Arrasmith
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answered on Sep 3, 2024

It sounds like you're going through a difficult time, and I'm sorry for your loss. Probate law can be complex, especially when it involves multiple countries. In your case, since your brother passed away in England, the probate process would generally need to follow UK laws, but you may... View More

1 Answer | Asked in Family Law for California on
Q: Im looking amend my birth certificate. and remove a parent and add my real father.we took a DNA threw ancestry.

my mother died in 2020 so I reconnected with my biological father. the name on my birth certificate is a made up name.

James L. Arrasmith
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answered on Sep 3, 2024

Amending a birth certificate in California to reflect your biological father's name can be a complex process, especially if the name currently listed is not accurate. Since your mother has passed away, and you've recently reconnected with your biological father through DNA testing,... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How does biological mother start to get custody of child after adoptive parent has died?

Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago

James L. Arrasmith
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answered on Sep 2, 2024

If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: In Ca, as respondent, how to argue against 3044 presumption.

Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.

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answered on Sep 1, 2024

To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: As a DV victim which is preferable: mediation settlement agreement or continue with court to get restraining order?

I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.

James L. Arrasmith
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answered on Aug 31, 2024

When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there is some rype of obscure emergency visitation order for a child in foster to file if immediate family is dyiing.

My nephew is in foster care for a juvenile dependency case that has dragged on 8 months without resolution. Dad still has reunification plan amd paremtal supervised visitation rights, but the removal itself was completely fabricated by the social worker and we are in the process of fighting the... View More

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answered on Aug 31, 2024

I'm truly sorry to hear about your situation. In California, you can request an emergency court order for visitation under special circumstances, especially if it’s for a significant event like a dying relative. You would need to file a request for a temporary emergency order (Ex Parte)... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Am I violating a dvro if protected person has moved out of address that I was excluded from?

I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More

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answered on Aug 30, 2024

You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Family Law for California on
Q: CPS has violated our rights, treats, harassment bullying falsifying information intimidation discrimination and hate
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answered on Aug 29, 2024

It sounds like you are facing serious issues with Child Protective Services (CPS) in California. When CPS violates rights, engages in harassment, or falsifies information, it's important to document every interaction. Keep detailed records of all communications, including dates, times, names... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can i have full custody of my kids if their father abandoned the home in the middle of a rent contract?

I don't work because both of my kids have behavioral therapy one of my kids has autism and needs me 24/7 and his dad didn't care about that. He left not caring if were gonna have a home or not he also stopped paying the van I used to take my son to therapies with, and both of my kids to... View More

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answered on Aug 28, 2024

Yes, it is possible to seek full custody if the father of your children has abandoned the family and is not actively involved in their care. Courts prioritize the best interests of the children, and if you can demonstrate that you are the primary caregiver and that the father is not fulfilling his... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for California on
Q: What can I do after I tried reaching out to Da Police fbi military about this going ongoing situations

Inmate social worker military and other people

James L. Arrasmith
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answered on Aug 26, 2024

If you've already reached out to law enforcement, the FBI, or the military and haven't received the help you need, consider documenting everything that's happened. Keep records of all your communications, including dates, times, and the names of the people you've spoken to. This... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My abuser filed TRO against me. How do I defend myself in court without a lawyer?

I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More

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answered on Aug 25, 2024

Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More

1 Answer | Asked in Family Law for California on
Q: Family judge applied % starting from when court confirmed I paid all of community debt, not from dissolution judgement?

Dissolution judgement was in 2014 with community debt divided equally. All community debt was on credit cards in my name only. After court moved to new building, covid, three judges changed, current judged ruled interest on the debt owed by the opposing party should be counted from the date when I... View More

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answered on Aug 24, 2024

It sounds frustrating to deal with such a complex situation, especially with the multiple changes in judges and delays. The judge may have decided to start the interest from 2021 because that's when you provided proof that you paid the community debt. This could suggest that the court... View More

1 Answer | Asked in Family Law for California on
Q: If my brother lost parental rights to my nieces does that means I lose my ant vistarion rights?
James L. Arrasmith
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answered on Aug 22, 2024

Losing parental rights usually affects the legal standing of the parent, but it doesn’t automatically mean that you lose your visitation rights as an aunt. In California, you may still have the option to petition the court for visitation if it’s in the best interest of your nieces. The court... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

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answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in Family Law for California on
Q: Someone made report CPS wants to meet do I have the right to tell them I want to meet when I have my lawyer present?
James L. Arrasmith
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answered on Aug 22, 2024

Yes, you have the right to request that your lawyer be present during any meeting with Child Protective Services (CPS). It's important to communicate this clearly to the CPS worker before scheduling the meeting. Having your attorney with you can help protect your rights and ensure you... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I have hearing coming up regarding contempt / motion of enforcement. Am I able to submit add'l information to the court

Like additional documents or evidence about the faulty party

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can submit additional information, documents, or evidence to the court for a contempt or enforcement hearing.

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2 Answers | Asked in Family Law for California on
Q: If i am sick, is that possible to pause the court hearing?
Robert Kane
Robert Kane
answered on Aug 21, 2024

You will need to convince the judge with evidence to obtain a continuance. The opposing party's consent may help. Obviously, the court system cannot accommodate every time someone simply "calls in sick." A remote appearance may be an option. A chronic illness or condition may require... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My biological grandkids were adopted by a couple who are now at fault. how can I get my grandkids custody?

I am reaching out to you regarding a concerning adoption case involving my grandchildren in 2020. As their biological grandmother, I am alarmed that the couple of strangers who have adopted them by being dishonest in the court, have a brother who is registered sex offender who has been seen in... View More

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answered on Aug 20, 2024

If you believe your grandchildren are in immediate danger, reporting the situation to Child Protective Services (CPS) is the right step. CPS will investigate the matter to ensure the safety of the children. The fact that a registered sex offender is frequently in the home is a serious concern that... View More

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