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California Family Law Questions & Answers
3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: My father lives in California, n owns 4 acres in Antwerp, New York, He wants to Will it to me. Should he? Or a diff way?

Basically my father wants to leave the property he has in New York State to me in a Will, 4 acres, 2 to me and 2 acres to his stepson and Step Daughter. What I would like to know if it is best to Will it to us or if there is another way we should be handling it before he passes on? I and him live... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 28, 2023

Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without... Read more »

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1 Answer | Asked in Family Law and Child Support for California on
Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 24, 2023

child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.

1 Answer | Asked in Family Law for California on
Q: How does dissolution of relationship work when partners are not married?

Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 24, 2023

This question appears to have been posted from Arizona but is being seen by California attorneys. I can only speak to California law. If you are not married, no community property has been created subject to division, no right to spousal support or to any other rights that would have been... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a 13-year-old girl choose for her father to have full custody?

mom does not abuse and is a stay-at-home mom ( in California)

Gregory Boles
Gregory Boles
answered on Jan 23, 2023

Depends on State

4 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Civil Litigation for California on
Q: Defendant found math/fact errors in the Stipulation after Judge signed it.

The plaintiff made the stipulation to settle down something and the defendant signed on it. The defendant had the Judge signed on it 2 weeks later as well. Unfortunately, the defendant realized there were errors in the stipulation at the moment the Judge signed it.. The defendant didn't find... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If defendant is represented by a lawyer then speak to the lawyer immediately----if no lawyer is involved, then I highly recommend that the defendant immediately contact a lawyer to discuss the specifics of this and determine how to proceed further. Any lawyer will need a copy of the document in... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: if i get served a demands for inspection through email from her lawyer, my sons mother, that has not been filed with the

There is a paternity test court hearing coming up on the 30th, i was also served a demands for inspection of documents for a child support judgment. Do i need to respond and give them 3 years of all my info, when the child might not even be mine? The response for the demands are due one week before... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 19, 2023

It’s not supposed to be filed with the court. Respond to it.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for California on
Q: Can i sue the sheriff dept. if im there to pick up my child without my id but my info and picture are in their data base

The mother of my kids got arrested with her 14 year old runaway from group home and my 2 year old with no car seat. The car was a rental and she hadn't returned the car. She got arrested for embezzlement. I arrived at the scene about 10 after. The cops were still trying to figure out what was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 16, 2023

YOU CAN ALWAYS SUE ANYONE FOR ANYTHING...........

THE REAL QUESTION IS CAN YOU AFFORD IT, AND WILL YOU WIN?

I DOUBT IF A LAWYER WOULD TAKE THIS CASE ON A CONTINGENCY

AS A RULE, THE PARTY WITH THE MOST MONEY HAS THE ADVANTAGE AS THEY CAN PAPER THE OTHER SIDE WITH SO MANY...
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1 Answer | Asked in Family Law for California on
Q: Insurance claim guilty is boyfrienf,does he have to sign for conservatorship kill there mother.he refuses to sign can

they find another way to have the children receive there money in an acct. Till 18,father not married to mother,beneficiary are 2 children, killed the kids mother. Her mother and father are beneficarys as well Can that refusal hold up the grandparents money ? What could ,adjuster due to get claim... Read more »

William John Light
William John Light
answered on Jan 16, 2023

The children need a Guardian ad Litem, who is a person with authority from the court to act on behalf of the children. This is ordinarily an adult family member.

The Guardian ad Litem needs to retain an attorney to assist in completing the settlement. The money for the children must be...
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1 Answer | Asked in Family Law for California on
Q: Is it legal for my brother who is power of attorney for my mother have the right to open my mail which has been forwarde

Opening my confidential mail which was from the hospital and very important and he's holding my mail

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

You should definitely have your mail sent to you at your address and not to your brother.

1 Answer | Asked in Child Custody and Family Law for California on
Q: need to find a pro bono attorney to resolve issues re: violations of divorce agreement agreement

A divorced woman with children & shared custody has not worked during COVID and needs to find a pro bono attorney for LA County to resolve issues re: divorce/custody agreement.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 12, 2023

Try Harriett Buhai Center for Family Law; Legal Aid Foundation of Los Angeles; or Levitt & Quinn

1 Answer | Asked in Child Custody and Family Law for California on
Q: I live in texas but i have a custody agreement in hemet ca. What state do i file a new custody order in. texas or ca?

The father of my kids alienates them from me, does not let me speak to them, or have them for school vacation times or holidays. Hes emotionally and mentally abusing my children. To the point my oldest is close to having a mental breakdown. How do i go about getting my kids in my custody? And... Read more »

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Under the Uniform Child Custody Jurisdiction Act, you should file in a court with jurisdiction over family law matters in the “home state” of the child. In most situations, the “home state” is the state where the child has primarily resided during the past six months.

If the child...
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1 Answer | Asked in Employment Law, Family Law, Education Law and Sexual Harassment for California on
Q: Can a principal tell a teacher that there spouse is banned from attending any public events?I can't be supportive spouse

I wrote an email to both super attendant and principal about my spouse and another teacher being unprofessional.The other teacher texted my spouse if I was still his lady while getting herself involved in matters that were not of her own.She also would text him pictures of her kids and tell him she... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2023

Unfortunately you have no rights when it comes to how your wife is treated at work, and the employer may, if it wishes, exclude you from activities at the school or even exclude you from campus altogether.

If your wife has an issue she should report it to the principal or the district HR...
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1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for California on
Q: Can an undocumented get a visa after arguing with a U.S. citizen? (Argument between siblings/no physical altercations)

No physical altercations incurred only in person profane language exchanged that stemmed from alcoholic behavior from an undocumented married sibling that lives apart from the other sibling.

*undocumented immigrant*

Louis George Fazzi
Louis George Fazzi
answered on Jan 5, 2023

You have not provided sufficient information to allow me to give you a reasonable answer. Whether you can get a visa is up to the United States Department of State, otherwise known as the State Department.

However, whether you argue with a United States citizen or someone else should have...
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1 Answer | Asked in Criminal Law, Family Law and Adoption for California on
Q: I want lawyer for my lil brother cause i dont want him in prison anymore
Dale S. Gribow
Dale S. Gribow
answered on Jan 4, 2023

on all criminal cases, the court will appoint a public defender or defense lawyer if you can't afford one.

if the case is over you then need a criminal appellate attorney and most lawyers on this site are not appellate lawyers.

1 Answer | Asked in Child Custody and Family Law for California on
Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?

The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?

Eliza Jasinska
Eliza Jasinska
answered on Jan 3, 2023

Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: This is about family law… my parents are divorced and I am 17 years of age, I live with my mom but I want to leave at 18

She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 3, 2023

No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... Read more »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for California on
Q: What type of attorney that can help me against an filing clerk at the courthouse for negligent falsifying documentation

She removed very important documents from my DV RESTRAINING order & my request to modify existing custody and visitation order in place. I believe this is a federal crime done against me. I'm seriously tired of being bullied & picked on & not treated equally fair. I've been... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 29, 2022

more info is needed...

a criminal lawyer if it is a criminal restraining order, rather than a divorce R.O. and then Family Law Atty.

if you are going to try to sue someone, you need a civil litigator, and they would normally only take the case on an hourly.............not a...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Domestic Violence and Family Law for California on
Q: Appeal DV Restraining Order due to "Acts of God"?

First I'll say that I know I need a lawyer, however, I have no way to swing it financially. The mother of three of my children recently filed a DV restraining order against me under the same case number as our custody order. I assembled a ~50 page response including a DV-120, DV-105, FL-150,... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 28, 2022

you really want to present this to a family law attorney.

most judges do not give you any slack for being late.

when they called the case you were not there...period.

NOW, you would have to retain and lawyer to try to set aside the ruling.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I transfer my child support case out of CA?

My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How do I transfer my custody case from California to Florida?

My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... Read more »

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