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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for California on
Q: What forms do I file to stop a transfer of ownership on a house or sale of the house
Yelena Gurevich
Yelena Gurevich
answered on Jun 27, 2022

There is barely any information stated here that would allow to an attorney to guess what form would apply. Please restate your question and provide more detailed facts.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I have a restraining order in place. The restrained party is retaliating by filing small claims cases every two weeks

And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?

John Karas
John Karas
answered on Jun 24, 2022

If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.

1 Answer | Asked in Family Law for California on
Q: California…. Taking daughter away from dangerous situation, out of state.

Thank you.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 13, 2022

There is a legal process that must be followed for this to be done right. Don't take the law into your own hands and make a unilateral decision that is not supported by a court order. It will backfire on you. File a petition custody (or a parentage action) and concurrently file a Request... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I am looking for Pro Bono representation for child custody case with other party incarcerated for DV against myself.

Sentenced 10/2018 Parole Eligible 05/2029. We share 3 children under the age of 16. 14, 11, 9. I have affidavits for the older 2 but the last I listed no father. CA CPS Court recognized him as father of all 3. I am looking to obtain SOLE custody of all 3 mainly due to unhealthy communication from... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jun 6, 2022

Please discuss the facts with a local family law attorney. The incarceration of a parent, which sometimes follows an application for a domestic violence restraining order, is a significant factor that will require detailed fact-finding by the court so as to make appropriate orders. This is... Read more »

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1 Answer | Asked in Family Law and Insurance Bad Faith for California on
Q: I believe my father forged my signature to obtain a insurance policy pay out as well as power of attorney over me

What kind of lawyer would I need for this case

Neil Anapol
Neil Anapol
answered on May 31, 2022

You need an insurance coverage lawyer. You did not supply enough detail to get into the specifics of your case, but it sounds like you might have recourse against the insurance company if it paid out based on a forged document and you did not get the money.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: In a DV case do you have to serve the other party every time you collect new evidence?

I got a restraining order and had my first court date which they extended for a new date. I have accumulated more evidence for my case, do I need to serve the other party or submit it to the clerks office or can I just bring it to court with me

Rebecka A Monez
PREMIUM
Rebecka A Monez
answered on May 21, 2022

It depends on what the new evidence is. As a general rule, you should include include all of your evidence, attachments, text messages etc. in your original moving papers. If there is now a new date, and depending on how far away the new date is, you could file an amended declaration with the new... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need a family lawyer in order to gainful parental rights?

I have a 10-year-old and a 6-year-old son. Their father has been absent for 6 years, he was an addict, in and out of rehab and jail, and suffers from mental health. Their father was incarcerated for a year and released in December 2021 and is currently living in a sober living house. I have my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on May 18, 2022

It's not clear what you mean by "obtain full rights". Has a conflict arisen regarding your rights? Is someone challenging your rights? Is the other parent seeking custody of visitation orders? It's not clear what you are trying to accomplish.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Identity Theft for California on
Q: I was with my son at this house and i was woken up by individual told to get up and so i did and i realize they took

Everything i had my information in and as i stood i the living by 6 individuals and was told to give them a cellphone i took which i never did i was told to take all my clothes off to show i didnt have it and i said no and i had no choice or else my son would wake up with no mommy and they said... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 11, 2022

The DA represents a victim.

A criminal lawyer rep rests those that are alleged to have done something wrong

1 Answer | Asked in Divorce, Family Law and Domestic Violence for California on
Q: Subpoena as attorney or individual?

My girlfriend's ex husband had one attorney and my ex wife had another attorney. Both attorneys worked for the same law firm. We got divorced a year apart, her first. My ex made a false abuse accusation, her attorney decided to share this info via a call as fact with my girlfriend's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on May 9, 2022

more info and clarification is needed.

the first thing you should do is write out a summary of all the facts so that the new lawyer you are going to contact has all the info.

there may be a conflict issue, but your lawyer who will have all the facts will be in the best position to assist you.

1 Answer | Asked in Family Law for California on
Q: wondering what my court papers mean when it says i am the custodial parent. My daughters father and i were never married
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
answered on May 4, 2022

Parenting and matrimony don’t necessarily have to co-exist when it comes to raising a child. Being a custodial parent means the child spends the majority of his or her time with you, unless you and the father share 50/50 custody. Hopefully, the court issued an order as to who will claim the... Read more »

1 Answer | Asked in Estate Planning and Family Law for California on
Q: What is the legal proper course I should take to protect our assets and continue to have care for my husband?

I have an upcoming appointment with a paralegal for conservatorship, or should it be an attorney? He contracted bacterial meningitis while in the hospital and now has severe brain damage on both sides of his brain. At this time he is bedridden, unable to sign any documents. We do not have the funds... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 1, 2022

The answers to your questions are way more complicated than can be answered in a simple question and answer forum like this, which is meant to cover question of a general nature. You are asking about your particular circumstances. For that you need personalized legal advice.

I will point...
Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: NEED Help Please DV case Ex made me pay for it through more DV

my ex new girlfriend post on social media with picture of me that say if she was this ugly shed be mad too. with im so ugly song attached. shes also told me that the money i get used for goes to her. Shes said that what ever i do to look cute will never work im still ugly fix you face get them... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Apr 26, 2022

"DV case" - does this mean you have an existing case? Or you want to file for a DV restraining order? If you are seeking the assistance of an attorney and want to retain an attorney to handle this for you, use the "Find a Lawyer' link at the top of this page.

1 Answer | Asked in Adoption, Criminal Law and Family Law for California on
Q: I was convicted on a criminal charge and taken to family court and my kids was taken under that same charge the next da

Next day and then had my kids removed under that same charge is t that double jeporady cause the criminal case dropped to a misdemeanor? Right

Dale S. Gribow
Dale S. Gribow
answered on Apr 24, 2022

DOUBLE JEOPARDY REFERS TO BEING TRIED/PROSECUTED ON THE SAME CHARGES/FACTS AGAIN.

IT SOUNDS LIKE YOU HAD ISSUES WITH THE CRIMINAL COURT AND NOW FAMILY LAW COURT.

NOT BEING A FAMILY LAW ATTORNEY, I CAN'T ADDRESS ALL YOUR ISSUES.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for California on
Q: Looking for low income or probono legal aid, for someone with mental disabilities who has been repeatedly abused

I am looking for help in filing charges against a psych nurse who has repeatedly encouraged me to self harm over the last 4 years and has on multiple occasions violated my hippa, She has knowingly and willingly encouraged self harm and told me several times to commit suicide. I have attempted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 21, 2022

Change nurses asap???

1 Answer | Asked in Family Law, Immigration Law, Child Support and Juvenile Law for California on
Q: im 17 years old and my mom forcing me to go back to my country. When i turn 18 can i come back to US?
David Stephen Kestenbaum
David Stephen Kestenbaum
answered on Apr 11, 2022

In most countries, when you turn 18 you are considered an adult and can therefore make your own decisions. In the US, 17 year olds are still considered minors and therefore, unless you are able to get "emancipated" then you have to obey your family. Once you turn 18, you can apply for a... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for California on
Q: My 19 Month old son was unlawfully removed by a DCFS worker with A FRADULANT warrant!! Can someone PLEASE help me??

My 19 month old son was unlawfully removed from my care last thursday with a fraudulant warrant signed by a judge whom is on SUSPENSION. She has no right to practice law and therefore per California Penal code 207 this would be considered Aggrivated Kidnapping by the social worker because he is... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Apr 4, 2022

If you haven't done so already, report this incident to the police in your city. Then start calling family law lawyers until you find one who will help you.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for California on
Q: MY 19 MONTH OLD SON WAS UNLAWFULLY TAKEN BY DCFS WITH A FRAUDULANT WARRANT IS THIS KIDNAPPING?????

my 19 month old son was taken last week unlawfully by DCFS SAN BERNARDINO COUNTY with a fraudulant warrant and placed with his alledged late fathers family.. My son has no Daddy on his birth certificate and he has my last name they have no legal rights to him and they are not liscenced for foster... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Apr 3, 2022

clearly, you need to get a local lawyer who handles that area of law........i am in Palm Desert and not the right kind of lawyer for you.

it doesn't sound like kidnapping, but clearly, something that needs to be cleared up.

1 Answer | Asked in Family Law and Estate Planning for California on
Q: My step daughter I need to make sure I have the correct legal jargon to protect her? Should I add my step kid deed?

My kids which weren’t around and help out when my wife died my step daughter was always there cooking and etc.. my kids haven’t helped like my step daughter . I just want to give about 30 % to my kids from the house , the difference of amount of first purchase to the total profit then after all... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 29, 2022

"Adding" your stepdaughter to your deed is fraught with peril for multiple reasons. The "best" way to accomplish your goal would be to transfer your home to a revocable living trust that requires that the home be sold (not distributed in kind) and includes the plan of... Read more »

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