Get free answers to your Family Law legal questions from lawyers in your area.
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
I Used San Diego Court calculator, to input costs, and calculate accrued interest on Judgment. This online calculation incorporated the costs in determining accrued interest. Is this acceptable before costs are approved?
Costs approved by the court are included as part of the judgment... View More
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answered on Aug 19, 2024
When filling out Form MC-012 for Memorandum of Costs, you should not include interest on costs that haven't yet been approved by the court. The accrued interest you calculate should only be on the principal judgment amount. Once the court approves the costs, they will become part of the... View More
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answered on Aug 18, 2024
In California, earnings on 401(k) contributions made before marriage are typically considered separate property, but the earnings generated during the marriage on those contributions can be classified as community property. This means that the income or gains accumulated during the marriage, even... View More
My caregiver spent all day with my autistic kids, cared for them, and was in our home all day. She made up an excuse in order to leave early, and after doing so called in a welfare check on my children. Police showed up. The claims were all about the conditions like what they ate, that they wore... View More
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answered on Aug 17, 2024
You may have grounds to file a civil claim for emotional distress under California law, but there are several factors to consider. First, emotional distress claims typically require proof that the defendant's actions were outrageous and intended to cause severe emotional harm. In your case,... View More
answered on Aug 17, 2024
Yes, a parent take away something you just bought if you are a minor.
My wife and I agree to divorce after 18 years of marriage. 2 kids (15 and 10 years old). Both earn almost the same. In fact I earn 10% less. I served her with CA divorce papers with everything equal (joint custody, 50-50% on assets). Now she is refusing to sign and says that if I don't give... View More
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answered on Aug 17, 2024
In your situation, it's important to take immediate steps to protect your rights and interests. Since your spouse is refusing to sign the papers and is threatening to quit her job, the divorce could become contested. This means you'll likely need legal representation to ensure a fair... View More
she moved her stuff into boys room and sleeps with him every night and keeps the door locked all day every day so he has no access to his stuff
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answered on Aug 17, 2024
Under California law, the safety and well-being of a child are of paramount importance. While there is no specific law prohibiting a parent from sharing a bed with their child, this situation raises significant concerns about the child's emotional and psychological welfare. The act of locking... View More
In family law (LA County), my ex’s attorney sent me 25 questions, followed by 35 more questions 10 days later. I requested a 20-day extension for the second set, but she refused. I tried to personally serve the first set 3 days before the deadline according to her instruction, but she was not in... View More
answered on Sep 9, 2024
There is no meet and confer requirement when no responses have been served at all. There is a difference between filing a motion to compel and filing a motion to compel further responses. With an initial motion to compel, when no responses have been served at all, there is no meet and confer... View More
The current conservators want to add a younger family member as a co-conservator in the event they pass on, they want the LPS conservatorship to transfer to the co-conservator. The LPS conservatorship is in California. Can this be done?
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answered on Aug 15, 2024
In California, adding a co-conservator to an existing LPS conservatorship is possible, but it requires court approval. The process involves filing a petition with the court, where the proposed co-conservator must demonstrate their suitability and willingness to take on the responsibility. The court... View More
She says she lives in the same city, when we have shown proof she has broken judgement orders and driven my child with a suspended license, she continues to get aid in California and claim my daughter when my daughter does not live with her and she lives out if state but lies and borrows an... View More
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answered on Aug 12, 2024
It sounds like you’re dealing with a very difficult situation, and it’s understandable to be frustrated. If your child’s mother is lying about her residence and violating court orders, you may have grounds to request a modification of the custody arrangement or even take further legal action.... View More
I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
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answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More
I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
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answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More
Cps was negligent in ways that could have prevented a death of a 7month old
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answered on Aug 10, 2024
To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... View More
Me separation papers and asked for custody be 50/50 a week on and a week off which she hasn't abided by and that completely fine with me. If she divorces me can I get full custody of our children? I have them 97% of the time I provide for them.
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answered on Aug 10, 2024
In California, custody decisions are made based on the best interests of the children. Given that you have had the children 97% of the time and have been their primary caregiver, this can weigh heavily in your favor if you seek full custody. The court will consider factors like who has been the... View More
House was sold by my uncle 6-7 years ago without consulting me or my brother, and a cousin of his told us that she was upset for him not getting in touch with us first. I didn't think I have a case but I keep questioning it. I don't have a copy of the trust, I don't know how to get... View More
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answered on Aug 10, 2024
My response will depend on whether your uncle is still alive and also what the terms of the trust state. For example, the terms of the trust should state whether a beneficiaries issue steps into their shoes if the beneficiary passes prior to distribution. Absent the information relating to whether... View More
I need to know if I can move , I’m afraid the judge is going to order 3rd party placement for my son at next hearing on August 22, 2024 . He is very unprofessional judge . He is not considering all the facts . There is physical evidence of the abuse . Can I move my son out of state to protect... View More
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answered on Aug 9, 2024
Moving out of California with your son can be complicated, especially when custody issues are involved. Since you have sole custody, you generally have more decision-making power regarding your child's living arrangements. However, taking your son out of state without the other party’s... View More
The boy stated a sexual event occurred with granddaughters boyfriend. Father had restraining order issued which has not been served. Neither local Sheriffs nor DA has any record of the restraining order. How can we get kids back if said restraing order or protection order exists? My grandaughter... View More
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answered on Aug 9, 2024
It’s important to address the situation with care. If there’s a restraining order that hasn’t been properly served, it may not be enforceable. You can start by confirming the status of the restraining order through the court that issued it. Check with the court clerk to see if there are any... View More
Until I drug test because he said the police found.a needle in my pants pocket when I went to the emergency room
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answered on Aug 9, 2024
It sounds like you're in a difficult situation, and it's understandable to feel overwhelmed. The fact that your visits have been paused due to the incident and the drug test requirement can add a lot of stress. It's important to understand the reasons behind these actions, especially... View More
CA marriage law for last name change says we can change our name to “A name combining all or a part of the current last name (or the last name of either spouse at birth) into a single last name.” What does that mean? What is considered part of a name? A letter? A few letters?
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answered on Aug 9, 2024
When you and your partner decide to change your last name after marriage in California, you have the option to create a name that combines elements of both of your last names. This could mean merging parts of each name or even taking a completely new name that reflects both of you. The law allows... View More
When giving testimony under oath, are they held to a higher standard than a regular "expert witness" and subject to civil prosecution when they provide false or misleading information? In other words, can they be sued (in California)?
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answered on Aug 9, 2024
In California family law, private emergency screeners can be viewed as agents of the court when appointed by a judge to provide assessments or recommendations in custody or visitation matters. Their role is to assist the court in making informed decisions, which often grants them a level of... View More
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