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California Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for California on
Q: Noncustodial party convicted of fraud in support claim. Can custodial party have case info sealed?

Single, solo dad here, Los Angeles, with full physical/legal custody of my son for more than five years now. Shortly after the other parent lost all custody rights years ago, she filed a child support claim from a different county, and collected thousands of dollars, with the County of L.A. CSD... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

more info is needed.

i would retain a lawyer in your area to make a motion to add to the calendar and then move to remove it from your record with the proper evidence.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Lawyer charged me for court cost for her to separate as my lawyer but case ended 6 months ago??? Please help

Hired her 8-23-20 last day in court was in 10-06-20. When case finished, we hug and i thank her. Well 6 months later i started getting invoice for my case?? At first she just told me it was just a covid letter they sent to all of their clients. I inform her my case ended 6 months ago and i have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 26, 2021

much more info is needed.

it sounds like the case is still alive if the lawyer is making a motion to be relieved as your attorney.......i assume that is what is happening and s/he is charging you to do that.

i would send a letter memorializing ALL the facts. if the facts warrant it,...
Read more »

2 Answers | Asked in Criminal Law and Family Law for California on
Q: In california, why would my lawyer want me to get a physical exam for?

My friend is being charged with attempted murder even though he did not try to kill anyone. His lawyer is requesting that he gets a physical exam done. This case started a year ago. I’m unsure what the reason for getting this done because he is waiting for sentencing in a couple days

Dale S. Gribow
Dale S. Gribow answered on Sep 25, 2021

much more info is needed.

However, if I was a betting man I would guess it has to do with Mental Capacity.

the lawyer is probably thinking of Diminished Capacity Defense or something along those lines.

ie, he lacked the intent to do what he is alleged to have done????

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1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: I lived in Sf. My roommate who live next room keep smoking indoor despite I ask him to go smoking outside 3 time.

We live in SF, Ca.

I became secondhand smoker.

It is irritating now and affect my health

Dale S. Gribow
Dale S. Gribow answered on Sep 24, 2021

this is not a typical PI question............

it is a question of you and your roommate having an understanding or one of you moving out and being responsible for the rent until a new roomie is found...

i would find the roomie BEFORE anyone moves out.........

who is the...
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1 Answer | Asked in Divorce, Family Law, Real Estate Law and Traffic Tickets for California on
Q: How can the IT certification file before corporate burial services allocation that the lifecycle have discharge...upon?

Discharge...timeline for ex. AD or BC etc., Instructions Acanthosis Nigricans-solution; Benadryl Itch Stopping 1-0, 1% Cream...Extreme color code 'neck'-food safety or field marshal commission/Institute Risk Management Merchant ship port--tech, imperial, admiral, ambassador, or nonprofit... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

I have to admit that I don't really understand your question, but I can tell you that this is not Divorce, Family Law, Real Estate or Traffic tickets, and if you don't post in the right category then attorneys who CAN understand your question won't see it. You might want to contact... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My brother sold my fathers property without his consent my father is in nursing home what do i do ?
Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

This could be a number of different wrongs, including "conversion" (think theft), and Elder Abuse. You should contact a local attorney that handles issues of Elder Abuse (Financial abuse is also Elder Abuse- you don't have to bruise them to commit Elder Abuse). You should act right... Read more »

1 Answer | Asked in Elder Law and Family Law for California on
Q: My dad was put in a nursing home my brother sold his property without my fathers consent what do i do ?
James Edward Berge
James Edward Berge answered on Sep 21, 2021

There's nothing you can do assuming your brother had the legal authority to sell your father's house. In other words, if he had a durable power of attorney from your father which authorized him to sell the house or he was acting as the trustee of your father's trust which owned the... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can my wife take my kids with false accusations

My wife and mother in law have made false accusations of being unsafe with me and of me “shaking” my babies. I’ve been cleared because it never happed. And now is trying to get restraining order so they can take my twin babies to Washington DC. They’ve contacted help on their end so I’m... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 15, 2021

The answer will depend on where your wife and children are located, because that is where you will have to take your stand. I am not a family law lawyer, and am only licensed to practice in California.

You can start by asking for help from the JAG Office at your marine base. You might ask...
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1 Answer | Asked in Family Law for California on
Q: 2005 order carry over to a 2015 order when all that was changed was CS and Visitation? More details below.

I have a court order from 2005 that states I may claim my daughter for tax purposes only as a non custodial parent. In 2015, I was back in court for changes on visitation and child support payments. Does the 2005 order of tax claiming still carry over onto the 2015 court orders? The topic of taxes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 15, 2021

Court orders remain in full force and effect until/unless they are modified. If the 2015 order did not modify the 2005 order with respect to the tax exemption, then that part of the 2005 order is still in effect. Without actually seeing the orders however, I cannot say this with absolute... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Hello my name is Robert. I received a letter from the dmv saying my license will be suspended effective jan 23 2022.

I was laid off last year and just a month ago I just got another job and I'm behind on payments child support how can I get help for them not suspend my license because I need it for transportation to work. My other question is my ex open child support on 2009 in on 2012 my oldest daughter... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 14, 2021

CSSD has a payback program so you can make payments on the arrears. You can also schedule a hearing for yourself on the issue of relief from getting your license suspended. I also recommend you seek a modification and for forgiveness of the debt incurred during the period your 12-year-old was... Read more »

1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I have to go to a deposition that was not subpoena by the court? I receive a request for a deposition.
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Not all depositions require a subpoena. If you are a party to a court action, civil, family law, probate, you can be required to go to a deposition upon service on you or your attorney of a "notice of taking deposition." Look in the Code of Civil Procedure- Civil Discovery Act- depositions.

1 Answer | Asked in Family Law and Civil Litigation for California on
Q: Do I need a lawyer for a deposition?
Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

Technically, no, but if you don't have one, who is going to raise the legal objections to questions that you are asked that are not proper? Only a very naïve person would think that answering questions at a deposition is easy, it is not, they can ask you the same question a dozen different... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: i have a closed cps case but still have 2 visits n phone calls but the kids live with there dad n he cut me off

social worker says hell set up visits then avoids me what can i do

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

While it depends on how your case was closed and what local practice customs suggest, I recommend keeping a log of your attempts to see the children and your attempts to set up visits via the case worker. After documenting several of these attempts, talk to a lawyer about filing a motion to get a... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I’m 17 and want to move out I have a steady job, good grades, and a place to stay. Can my mom legally force me to stay?

Im going to be 17 in 9 months, but I’d like to leave my home now. I would have a steady place to live and a full way of getting to school. Is there any legal way my mom can force me back if I runaway without her knowing?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Yes, you can be forced back, unless you are a legally emancipated minor. There are forms on the Court website and information online on how to do this. I suggest you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Family Law, Elder Law, Intellectual Property and Landlord - Tenant for California on
Q: Hi there, I'm sorry to bother you...I don’t know what to do…

… I have an older sister that is a meth addict and her daughter also following in her footsteps. They both live with my parents that are from the age of 77 to 84. In the short, my sister and loser daughter are stealing money from my parents, blackmailing my dad and pressuring my dad to help them... Read more »

Sally Bergman
Sally Bergman answered on Sep 10, 2021

You should immediately call Adult Protective Services who will investigate. Your parents can file for an Elder Abuse Restraining Order and can likely have your sister and her daughter removed from the home. If your parents will not support that action, you may need to consider filing for... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I’m a single unwed mother of a 10month infant. What rights do I have if my sons father is taking me to court for 50/50

Me and my son reside in riverside county and I work from home and have had him since birth. His father resides in la county and works full time and is barely home. Hardly sees his son only recently started after filing paperwork to take me to court .he wants to circumcise my son who is 10 months... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2021

Retain legal counsel. You need to make the right arguments, properly submit your evidence and properly cite the law in responding to the father's requests. A 50/50 schedule between two counties for a 10 month old is unlikely going to be seen by the judge as in the child's best interests.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: How do I get full custody of my child?

I am the biological mother and allowed someone who is not the biological father sign my child birth certificate. And I want them off

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2021

I THINK THIS IS BETTER ASKED OF FAMILY LAW ATTORNEYS, NOT CRIMINAL.

IF HE AGREES TO TAKE HIS NAME OFF, MAKE AN APPT WITH A LOCAL LAWYER WHO HANDLES CASES LIKE THIS TO SEE WHAT HE WOULD CHARGE TO ADD TO THE CALENDAR AND PREPARE THE MOVING PAPERS TO ACHIEVE WHAT YOU WANT.

1 Answer | Asked in Family Law, Child Custody and Probate for California on
Q: If a Court investigator issues a recommendation predicated on provable lies can that recommendation still be considered

Unbeknownst to my wife and I, my son's step grandmother secretly petitioned for guardianship claiming she was his biological maternal Grandmother. The Court investigator issued a recommendation based soley on the lies she told him. My wife and I found out and showed up and objected also... Read more »

James Edward Berge
James Edward Berge answered on Sep 2, 2021

If, as you suggest, the court investigator’s report contains provable lies and the recommendations contained therein are based on those lies, you should contact the court investigator immediately to show them what evidence you have. If it makes a difference in their official recommendation, they... Read more »

1 Answer | Asked in Family Law and Divorce for California on
Q: How many days does a prenuptial agreement need to be signed before the ceremony to be considered valid in california?

And was I supposed to have a lawyer of my choosing there to go through everything with me before or during the signing?

Ryan  Beiser
Ryan Beiser answered on Aug 23, 2021

Here's the law on it: https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=FAM&division=4.&title=&part=5.&chapter=2.&article=2.

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