Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: How do I obtain a lawyer from the judge for a guardianship case?
Shawna Murray
Shawna Murray answered on Aug 12, 2020

If by “obtain a lawyer from the judge” you are wondering if the court would appoint a free lawyer to you, unfortunately, you are out of luck. You only have a right to a free attorney in some criminal cases. You can try contacting local legal aid groups to ask if they will take your case. The... Read more »

2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Civil Rights for California on
Q: Is it true that I can move out at 16 without consent and not get forcefully brought back home ? In California
Louis George Fazzi
Louis George Fazzi answered on Aug 12, 2020

Not unless you file a petition to become emancipated. If your parents do not consent to your emancipation after you turn 14, then you must file a petition with the court in the county where you live (in your case that would be Los Angeles County Superior Court). You can learn all about this by... Read more »

View More Answers

1 Answer | Asked in Family Law for California on
Q: What form needs to be filed to amend court-ordered child visitation arrangements?

I was supposed to see my daughter each weekend, but her father has moved to Turlock, and will not allow me to visit her. How should I address this issue with the Court?

Shawna Murray
Shawna Murray answered on Aug 9, 2020

I am sorry to hear about your difficulties. You will need to file a Request for Order (form FL-300) to request a modification to the current child custody order. I highly recommend that you consult with an attorney to discuss the current situation. Share the current court order with the attorney so... Read more »

1 Answer | Asked in Family Law for California on
Q: After 32 years of marriage What kind of settlement should a wife get
Shawna Murray
Shawna Murray answered on Aug 9, 2020

In California, as a general rule, all community property is divided equally between the spouses. Community property is all property acquired during marriage, with a few exceptions for gifts and inheritances. After 32 years of marriage, you and your spouse may have savings, retirement accounts, a... Read more »

1 Answer | Asked in Family Law for California on
Q: How does Emergency Rule 9 tolling of statute of limitations for Civil Cases California work?

For a 2 year statute of limitation that was due to expire on May 30, 2020 what would the new statute of limitation be with the Emergency Rule tolling in California?

Maurice Mandel II
Maurice Mandel II answered on Aug 7, 2020

No one has tested this yet, so it is not clear and no opinions you get here should be relied upon to delay your filing of your claims in Court. The tolling (suspending) of the SOL due to CV 19 basically suspends the SOL for the months of the tolling period, which are set forth in the Order. So... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Is it possible for judge to change a non-modifiable alimony order? I am a 55 yo 100% disabled Vet. She is 47 and healthy

Married 16 years and divorced for almost 6 years. Except for active duty from 2002-2012, I have only worked contract/temp jobs. Beginning in 2014, I was forced to support her even though I was already a disabled Vet. In 2016, due to severe pain in my feet and back, I filed a motion for... Read more »

Sandy Lynne Meade
Sandy Lynne Meade answered on Aug 6, 2020

Generally speaking, if the correct wording is in the Judgment for non-modifiable support, it is non-modifiable. However, in your case, you have had an unanticipated and serious change of circumstances that would make you unable to pay the support ordered and she is in a far superior earning... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a California Family Code that specifically mentions that VA Disability can be used to calculate alimony?

My VA Disability has been used as "income" in calculating alimony due to my ex-wife, but I cannot find a California Family Code that specifically mentions that VA Disability can be used in the computation of income. I have found other codes that mention "income" (which... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 5, 2020

Authority is not found in the Family Code. The Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. The provisions of Title 38 make it clear however, that Congress intended that VA benefits may be... Read more »

1 Answer | Asked in Family Law, Child Custody and Criminal Law for California on
Q: Ex wife lives in AR. I live in CA. Can she record phone calls without my consent
Maurice Mandel II
Maurice Mandel II answered on Aug 3, 2020

Interesting. Which law applies, CA or AR? In CA you would only have to notify the person that you were recording: "this call is being recorded for training purposes." Cannot say for AR. Essentially this is considered "wiretap". You can stop the recording by hanging up. Could... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: How to do seek a family lawyer in California without screwing myself

How could I find legal advice before I hire a lawyer to be certain have a child support issue and don’t know if I need n attorney but would feel more secure with one or don’t know if I need one at all never knew I had a child and now 3 years later getting me for child support what should I do

Shawna Murray
Shawna Murray answered on Aug 3, 2020

Your County Child Support offices can help you get a child support order at no cost.

Most lawyers do not give out free advice but some give free consultations. You could try a free consult if your questions are not answered by Child Support Services.

View More Answers

1 Answer | Asked in Family Law for California on
Q: Can my girlfriend leave with my son to another state without my consent
Shawna Murray
Shawna Murray answered on Aug 2, 2020

An answer can often be found by reviewing the child custody orders you have in place. What does it say about trips out of state? What does it say moving away?

If you do not have child custody orders already in place and you believe that she is relocating to another state, then you need to...
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Been 4 years not on birth certificate never did paternity now they are seeking child support

What do I do and if it is mine and I come to an agreement with the other parent could I avoid the child support and work out an agreement that’s set by the court or I could avoid the court completely I’m in California in The Weeknd today nothings open and I received the packet asking for my... Read more »

Shawna Murray
Shawna Murray answered on Aug 1, 2020

In California, it is the responsibility of both parents to financially support their children. It sounds like you received a packet from Child Support Services. It is very important that you respond immediately by hiring an attorney to help you respond. The attorney can further advise you about a... Read more »

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: I ran away as a 17 year old. If I show up to the police department and ask to live with a family friend, what happens?
Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

If you are off the grid, why would you have to go to the police to ask permission to live with a family friend, or anywhere? I am assuming that you are still under 18. You can file a petition for emancipation before you are 18 that would give you the right to live away from your parents. You can... Read more »

View More Answers

1 Answer | Asked in Family Law for California on
Q: Regarding refuses visitation and missed visit What should I do?

i (mother) have the primary custody my ex-bf lives in Las Vegas and he has every first weekend of each month in Las Vegas and visitation in LA every 3rd and 5th weekend of each month plus equally sharing vacations, holidays etc in Las Vegas/LA Written in our court order.I always drop off our Son in... Read more »

Shawna Murray
Shawna Murray answered on Jul 31, 2020

If you would like to change a child custody order, you will need to file a Request for Order on Forms FL-300 & FL-311 plus you must a detailed declaration that can be prepared on Form MC-031. I advise you to consult with an attorney, but if you cannot afford to do that, you should ask if your... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my daughter and I move to another state without letting my exhusband know?

Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?

Shawna Murray
Shawna Murray answered on Jul 31, 2020

Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.

View More Answers

1 Answer | Asked in Family Law for California on
Q: Can I file a grandparent visitation petition now, during pandemic; can I file emergency order for visitation?

I’m on RSDI, can I qualify for fee waiver to file grandparent visitation?

Child, age 4, was involved in DV incident a week ago in front of parents and my son, father of child, said hurtful comments to him, “ I never wanted you/ be a father, wished mother of child would have had an... Read more »

Steven Lance Bynum
Steven Lance Bynum answered on Jul 28, 2020

In California Grandparents do not have visitation rights necessarily. You might think about filing an emergency guardianship petition in probate court if you already have them in your custody.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can ex husband deny my Thanksgiving vacation with our daughter?

Per our custody agreement, my ex husband and I both receive 2 one week vacations a year with our daughter. Because we have not been able to travel recently, I am trying to plan a safe secluded getaway with my daughter and my parents for Thanksgiving break (not flying, but still driving 6 hours away... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Suggest you contact your family law attorney and go to court to seek a specific order allowing you to take your daughter to see family on Thanksgiving. The sooner the better, since courts are clogged.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: I'm a military wife with two children.(4,11) I have been a stay-at-home mom. I want a divorce

My husband has been going to school getting his degree and climbing the latter in rank with the army national guard. I have been home raising the kids which has left me with no type of income. He is aggressive and has a temper. I no longer feel safe with me and my children in the home. I'm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Hi. I am not a family law attorney, but IMO you need to protect yourself and your children from someone aggressive with a temper, before there is violence. Contact a family law attorney in your area right away. There may be local shelters for you to take your kids to. Spousal abuse can take... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hello can you tell how I do a emergency file the dad has my son but they re homeless my son is currently here with me

It’s a lot of things that’s going on

Nima Sabeti
Nima Sabeti answered on Jul 26, 2020

Generally, if I am understanding your situation you may need to ask the court for an ex parte custody order. If you are in California the form is fl-300. Again, you have not been clear as to your situation. Nothing I am telling you is intended to be legal advice. You may need to talk to a family... Read more »

1 Answer | Asked in Family Law for California on
Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

Shawna Murray
Shawna Murray answered on Jul 25, 2020

First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get...
Read more »

1 Answer | Asked in Criminal Law and Family Law for California on
Q: my ex-husband has a pending felony for aggravated assault, can he leave the country?

My ex-husband wants to take our children to Mexico. He doesn't have a passport and he doesn't have any documentation for our children. Also, he moved to Arizona from Georgia when he was arrested without letting the courts know.

Shawna Murray
Shawna Murray answered on Jul 24, 2020

The answer depends on what your parenting/custody agreement says. Some parents include provisions that prohibit moving the children from the state but others allow children to travel anywhere with the parent. However, "traveling" is not the same as "moving" and most parenting... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.