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California Family Law Questions & Answers

1 Answer | Asked in Family Law and Elder Law for California on

Q: Can I be legally reimbursed (from my mother's bank account) for expenses incurred doing home repairs on her house?

My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »

James Edward Berge answered on Jul 22, 2019

It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.

1 Answer | Asked in Banking, Estate Planning, Family Law and Probate for California on

Q: how to petition court to determine ownership of decedents joint bank accounts

California rules right of survivorship in jointly held bank accounts unless clear and convincing evidence shows other intent by decedent. What forms do I need to file to ask the court to make a ruling on my mothers jointly held bank account when I have a will that says she leaves nothing to her... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

You have already asked this question, and at least two lawyers have already responded. If you do not agree with the opinions of the two experienced lawyers then you should hire a probate lawyer to help you.

1 Answer | Asked in Family Law for California on

Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Tobie Brina Waxman answered on Jul 7, 2019

A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on

Q: My neighbor kept throwing trash, debris, heavy objects (ie paving bricks, rocks...) into my backyard.

I've talked to them twice, called the police once. No collaboration & things just got worse, am afraid it'd escalated & someone might get hurt.

Dale S. Gribow answered on Jul 4, 2019

Take pix to gather evidence and sue in small claims for up to $10k.

before you sue consider sending a letter setting forth all that has happened and give them 10 days to remedy the situation and sue in superior court with a lawyer or small claims.

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on

Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for California on

Q: Can a police officer take me to jail For calling them for to come help me?

My x spouse was out of state without my knowledge. My 15 wouldn’t answer my calls or texts, I went to my home to check on her, I found hard liquor empty bottles and passed out teens through out my home, she was locked in the master I opened to find her in underwear and a guy...she was cursing me... Read more »

Dale S. Gribow answered on Jun 28, 2019

More info needed.

i doubt if they will file against you and if they do your lawyer will probably get it dismissed.

either hire a lawyer now or ask for a public defender if you have to go to court.

maybe consider writing out a summary now while everything is fresh in your...
Read more »

1 Answer | Asked in Criminal Law and Family Law for California on

Q: My stepdaughter informed us that her uncle told her he has feelings for her, she has a great body

asked to see her private Area told her he would pay her to see them and asked her if she has feeling for him as well. Can i file charges? Even tho he hasn't touched her?

Dale S. Gribow answered on Jun 28, 2019

more info needed.

how old is she?

i would keep an eye on her but what he says is probably not enough to be a criminal offense...especially if she is over 18.

1 Answer | Asked in Family Law for California on

Q: My ex-husband has not seen or had visitation with his child since 12/02/2012

He emailed me stating that I do not have his permission for our child to leave the state. We do have child support and he stated that it was 0 custody and 0 visitation. My child is in competitive cheer and travels out of state for competitions. Am I allowed to take her to her competitions or do I... Read more »

Tobie Brina Waxman answered on Jun 20, 2019

What do your court orders say? Who has physical custody? Who has legal custody?

1 Answer | Asked in Child Custody and Family Law for California on

Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.

What can I do to get them back right now ?

I have legal custody over them ..

This is kidnapping right ?

Tobie Brina Waxman answered on Jun 17, 2019

Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.

1 Answer | Asked in Family Law for California on

Q: My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?

He wants to live with me because his step father is emotionally and physically abusive.

Andy Cook answered on Jun 9, 2019

File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference, but given his... Read more »

1 Answer | Asked in Family Law for California on

Q: Does visitation order start after serving the other party with the court order?

Andy Cook answered on Jun 7, 2019

It depends whether the judge said at the hearing that the order is "effective forthwith". If so, it doesn't matter when the written order is filed or served. If the judge was silent on this issue, the order is effective upon service of the Order.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Timur Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Family Law for California on

Q: The findings and order after hearing was filed incorrectly. I was served 7 days after it was filed plus other errors

I was served 7 days after it was filed plus other errors including the petitioner being called respondent and vice versa. which by doing that that gives the respondent custody in the situation. I filed my opposing FAOAH and was in my time frame since being served but the court rejected them. Did... Read more »

Andy Cook answered on May 31, 2019

I would need more information, but I would want to know whether there was a court reporter present so that there is a transcript available to purchase that shows what the judge actually decided; who :they" are, who said you needed to file an RFO to correct what seems like an obvious mistake; were... Read more »

1 Answer | Asked in Divorce and Family Law for California on

Q: Long term marriage divorced in 2005. Paying spousal since separation. No QDRO in place.

No stipulations in final decree regarding retirement. Retiring soon. Will I have to pay spousal after retirement?

Tobie Brina Waxman answered on May 29, 2019

You pay support in accordance with your court orders or judgment until those orders are modified by a new or subsequent order.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for California on

Q: what can i do to cease and desist harassment from a sibling?

I have a sibling whos been harassing me 10+ yrs she is making false police reports death threats aginst me to my kids, malice slandering (defamation of character). threats to my kids saying shes gonna have me in jail for life kill me etc Cant hold a job im so stressed I need a attorney but im a... Read more »

Dale S. Gribow answered on May 28, 2019

MORE INFO NEEDED

I DON'T DO THIS KIND OF WORK BUT MAYBE YOU SHOULD CONTACT LEGAL AID.

1 Answer | Asked in Divorce and Family Law for California on

Q: I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.

She filed in Riverside CA but just moved there. Can I ask for an RFO TO QUASH PROCEEDINGS FOR LCK OF JURISDICTION

Andy Cook answered on May 28, 2019

The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,... Read more »

1 Answer | Asked in Child Custody and Family Law for California on

Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?

We have been to court regarding custody several times recently 1.5 years ago.

Tobie Brina Waxman answered on May 28, 2019

Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »

1 Answer | Asked in Civil Litigation, Criminal Law, Family Law and Probate for California on

Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a

Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »

Richard Samuel Price answered on May 16, 2019

Unfortunately, your facts doen't lend themselves to an easy answer in this format.

You'll have to call a local attorney for an appointment and bring your documents for a full consultation.

1 Answer | Asked in Criminal Law, Family Law, Juvenile Law and Sexual Harassment for California on

Q: 17 and less than a month to be 18 runaway subpoenaed.

My friend is 17 and a runaway from a foster Home. They are a little under a month away from being 17 and he was subpoenaed to his uncle court date for sexual acts done to him which is why he was in foster home.. What will happen because he is a runaway and did not go to the court date?? Will he go... Read more »

Dale S. Gribow answered on May 15, 2019

much more info needed

he needs to have a consult with a lawyer in his area.

many lawyers will offer a free consult.

i would recommend he writes down a complete summary before seeing the lawyer

1 Answer | Asked in Family Law for California on

Q: Is it Illegal to print up a fake DNA results paper that says a made-up person is the father

Nazanin Ghazi answered on May 14, 2019

I think it is fair to assume that whenever a fake anything is presented to represent something that is otherwise false, there might be both civil and criminal consequences. Of course additional information would be helpful to better answer.

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