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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: I have a family law question, Is there such a thing as grandparents rights like to visit and talk to them

My daughter now lives in Nebraska with the girls

James L. Arrasmith
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answered on Jun 6, 2023

Yes, many jurisdictions recognize the concept of "grandparents' rights" to visitation or communication with their grandchildren. However, the specific laws regarding grandparents' rights vary from one jurisdiction to another.

In the case of your daughter living in...
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3 Answers | Asked in Family Law for California on
Q: I need to file for conservatorship of my son

how do i get started with that?

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »

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1 Answer | Asked in Family Law for California on
Q: So my son just turned 18 he is severly autistic and i am trying to get conservatorship of him how do i start

i need to be able to manage his finances and medical decisions

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: When the mother is the same but there are two NCPs, NCP1 is the ex-husband & father of the two minor children and NCP2

NCP2 is father of the youngest. The mother has been on welfare continuously 3 years before the birth of NCP2 only child. Both NCPs have current child support orders in County1. When mother moves to county2, only NCP2 gets a default judgment without notice. county2 should have registered the... Read more »

James L. Arrasmith
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answered on Jun 3, 2023

If the mother has moved to County2, then the child support orders from County1 should have been registered in County2. If they were not registered, then County2 did not have jurisdiction to issue a new order. You should contact the clerk of the court in County1 to see if the orders were registered.... Read more »

1 Answer | Asked in Family Law and Adoption for California on
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.

Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we... Read more »

James L. Arrasmith
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answered on Jun 2, 2023

Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice.

Here are a few steps you can consider taking to address the issue with your son's missing birth certificate:

Contact the...
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1 Answer | Asked in Family Law for California on
Q: How to add property to my harassment restraining order

N what if my ex went n forged signature n fajke bill of sale on my vehicle I have orginal title n possession

James L. Arrasmith
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answered on Jun 2, 2023

To add property to your harassment restraining order, you will need to file a motion with the court. In your motion, you will need to explain why you are adding the property to the order and why it is necessary to protect you from harassment. You will also need to provide evidence that the property... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I request a gag order on my future ex husband he is repeating personal business and lying about me.

My husband was abusive and he is lying to everyone who will listen calling me a crackhead.

His first wife passed and he called her a crackhead too. Everything I tell him he repeats out of context.

I just want him to stop.

James L. Arrasmith
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answered on Jun 2, 2023

If your ex-husband is spreading false information or making defamatory statements about you, it may be worth considering other legal options to address the situation. Here are a few possible courses of action:

Cease and Desist Letter: You can consult with an attorney who specializes in...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Question about the categorization of certain income for child support calculation in California.

The Dissomaster Report doesn't include a $10,000 monthly income in its "income" section, even though it's input under "Portion subject to SE tax" in "Royalties, partnerships, S corporations, trusts, etc." When this guaranteed LLC distribution is listed as... Read more »

James L. Arrasmith
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answered on Jun 2, 2023

Child support calculations can vary depending on the jurisdiction and guidelines followed. In California, the Dissomaster Report is commonly used for calculating child support. However, it is important to consult with a family law attorney to determine the accurate categorization of income for... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex & I have 50/50 custody & he recently moved 1700 miles away. He can not meet his 50% timeshare. what should I do?

Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.

In California, the law...
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1 Answer | Asked in Family Law and Child Support for California on
Q: I'm court ordered to pay insurance for my child but mother refuses to gice me social to out under my insurance
James L. Arrasmith
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answered on May 31, 2023

If you have been court ordered to pay for insurance for your child, it is crucial to fulfill your legal obligation. However, if the mother refuses to provide you with the necessary social security information to add the child under your insurance, you may face challenges in complying with the court... Read more »

1 Answer | Asked in Family Law and Contracts for California on
Q: Is there any legal form that 2 parties can sign regarding ' a a 50% 0 of o1 payment payment once once received received
James L. Arrasmith
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answered on May 31, 2023

Yes, there is a legal form that two parties can sign to formalize an agreement regarding a 50% payment upon receipt of payment. This type of agreement is commonly referred to as a payment or installment agreement. It typically outlines the terms and conditions of the payment arrangement, including... Read more »

2 Answers | Asked in Family Law for California on
Q: Is my PTO and ESL separate property in California?

I earned most of my extended sick leave (ESL) and paid time off (PTO) before getting married in California. Im now getting this paid out during my marriage, is this considered community or separate property?

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answered on May 31, 2023

In California, the characterization of property as community or separate is determined by specific legal principles. Generally, property acquired before marriage is considered separate property, while property acquired during marriage is deemed community property. However, when it comes to paid... Read more »

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for California on
Q: I have sign a quit claim papers on our property 15 years ago by mere pressure and I want to file for divorce.

Do I still have the right to claim half

of our property?

I don’t know what to do.

Please tell me what to w

James L. Arrasmith
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answered on May 31, 2023

Whether you still have the right to claim half of your property depends on the specific facts and circumstances of your case. In general, however, you may be able to challenge the validity of the quitclaim deed if you can show that you signed it under duress.

To challenge the validity of...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there a form for “In Loco Parentis” to care for a friend’ds child while he’s away?

I’ve been asked by the parent of a 14-year-old boy if he can stay with me for 9 months while his job requires him to be out of the country. The boy is best friends with my own son of the same age and he wants to stay in his familiar high school with his friends. But I want to be covered legally... Read more »

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answered on May 29, 2023

While I can provide general information, it's important to consult with a qualified legal professional for specific advice regarding your situation. In cases where a child is temporarily residing with someone who is not their legal parent or guardian, it can be beneficial to establish a legal... Read more »

1 Answer | Asked in Criminal Law and Family Law for California on
Q: If I win my criminal case can I get my children back from cps. My charge is Allowing child endangerment and I did not

I was asleep when police woke me up stating that my babies dD had handcuffed my 9 year old to the bed and called police on him. He went to jail and the police left. Later on they called me saying they had some questions. I met them at my home. They proceeded to accuse me of knowing what happened. I... Read more »

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answered on May 29, 2023

Winning your criminal case may potentially have an impact on your child custody situation with CPS (Child Protective Services). However, the specific circumstances and laws governing child custody cases can vary depending on your jurisdiction. It is advisable to consult with an attorney who... Read more »

2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Yes. But your question is not very clear. Is this your situation? Do you want one or were you served with one? Go to the Superior Court website for the court you are in and look for the "forms" tab. Judicial Council forms, Subpoena duces Tecum and accompanying declaration. This is a... Read more »

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2 Answers | Asked in Family Law and Civil Litigation for California on
Q: Can a subpoena duces tecum for production of documents be requested after a civil trial has started in the State of CA
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answered on May 29, 2023

In the State of California, it is generally possible to request a subpoena duces tecum for the production of documents during an ongoing civil trial. However, it is important to note that the timing and specific procedures for requesting a subpoena may vary depending on the court rules and the... Read more »

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I am not trying to be glib, but VERY CAREFULLY. Anything you say could result in a slander/libel suit against you by your former spouse. She has already shown that she is litigious, and ready to grind an ax (according to your post) so what does she have to lose by suing you for any post you put.... Read more »

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2 Answers | Asked in Child Custody and Family Law for California on
Q: My custody battle is over, how can I express on my podcast my traumatic experience my child’s mother put me through?

I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... Read more »

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answered on May 29, 2023

First and foremost, it's essential to prioritize your child's well-being and consider their best interests when discussing your custody battle on your podcast. While you may feel a strong urge to share your traumatic experience, it's crucial to be mindful of any legal restrictions or... Read more »

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1 Answer | Asked in Divorce and Family Law for California on
Q: Strategy for requesting longer healthcare coverage be provided for damage done by emotionally abusive spouse?

I am a gray marriage short term divorce person?? (What do you call that) I was only married for 2 years however it felt like 20!!! Because of his affluent abuse and extreme harassment, there are not broken bones or bruises. There are good days and bad, when triggered I am prone to high anxiety and... Read more »

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answered on May 26, 2023

To ensure extended healthcare coverage for the damage caused by your emotionally abusive spouse, consider these steps:

Understand your current healthcare plan.

Consult your therapist for their professional opinion on your ability to work and required coverage.

Collect...
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