Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Family Law, Real Estate Law and Tax Law for California on
Q: Would my father be responsible for Capital Gains tax if he were to sell his House?

My dad owns his house in Cupertino, it was reappraised after my mom passed a little over a year ago for 2.5 million. If he were to sell it today for say 3.0 million, would he need to pay Capital Gains? I was under the impression, that from the 2.5 appraisal and 250K exclusion for my dad and 250k... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

Tax questions are very complex and a public forum such as this is not the place to find an answer to rely on. You need to take all the information and documents to a tax attorney or tax accountant for an opinion. There is also something called a 1031 exchange, which you can transfer the excess... Read more »

3 Answers | Asked in Bankruptcy, Family Law and Foreclosure for California on
Q: Divorce/Foreclosure

My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?

Harlene Miller
Harlene Miller answered on Oct 19, 2020

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »

View More Answers

1 Answer | Asked in Family Law and Foreclosure for California on
Q: How can I get rid of my house in California if my ex won't cooperate? Its in both our names and she moved out. Help!
Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: Is there anybody who can help me. I'm a survivor of Domestic Violence and my abuser has gotten a restraining order

against me and I have not seen my 4yo in almost 2 years. my Judge is allowing him to continue harming me and my children. Nobody will help me and I cannot afford a lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 19, 2020

MORE INFO NEEDED.

TRY TO CONTACT A LOCAL LEGAL AID IN YOUR COMMUNITY.

BEFORE YOU DO WRITE OUT ALL THE FACTS AS THEY WILL IN ALL LIKELIHOOD NOT HAVE A LOT OF TIME FOR EACH CLIENT.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Will it look bad on my BF he won't take the kids to his ex on halloween instead having a party at home?

BF Joe and ex have 5050 legal/physical custody order. Bi weekly. They go to trial to finalize the divorce soon. Been trying slowly to separate activities with the kids to not include his ex. The problem is the ex INSISTS-DEMANDS he come to her house for Christmas etc "for the good of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 16, 2020

Joe should be asking his own questions. He should retain an attorney and file for orders clarifying the custody situation if this is not working for him.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I'd like to know the chances of full custody and no visitation for him

I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 16, 2020

Your chances of full custody are great. As to visitation, he will be allowed only supervised visitation Best of luck.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How is back child support calculated? And how is the start date determined?

Married 8 years with 2 kids 11 and 7

Separated for the last 3 years.

We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)

October of 2019 communication between us turned. child support... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... Read more »

1 Answer | Asked in Family Law for California on
Q: Hi my question is in family court or criminal court is every thing that takes place or said at the hearing documented.

I asked because at my family court hearing a family member was remove by the judge he put a holt to the proceedings and told the cop/ security to remove the father if my ex due to his behavior.and after he was removed the hearing resumed!

Maurice Mandel II
Maurice Mandel II answered on Oct 14, 2020

It depends on the practices of your individual Superior Court, which are run County by County. There may be a court reporter taking it all down, or it may be video taped, or recorded otherwise. Today some courts are open on Zoom (courts are open to the public but now the public cannot enter the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Would it be better to file here or there?

I am living with the father of my 2 younger kids (3y and 5m) and he just broke off our engagement. I am moving back to Texas with all 3 of my kids.

I want to make sure that I have primary custody. I don't mind if my kids have visitation with him in CA but I want it to be under my... Read more »

Sandra I. Salinas
Sandra I. Salinas answered on Oct 13, 2020

Jurisdiction (the court's authority) regarding custody is based on where the kids have been physically present for the 6 months immediately preceding filing a custody action. If the children have been living here for at least 6 months and then you file in Texas, then most likely CA will still... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can I request the court to talk to my 5 year old child?

My ex is making up false stories and claiming our daughter has told her i said things like I'm gonna kill my ex. These are completely false. How can I get the court to have someone talk to my daughter? Can I file a request for order asking court to appoint an attorney for our child?

Sandra I. Salinas
Sandra I. Salinas answered on Oct 13, 2020

If you are currently involved in a court custody proceeding, you can ask the court to appoint minor's counsel for your child and then your child can discuss with that attorney what he or she has observed. The minor's counsel is another attorney in the case who can investigate, discuss... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Can I pursue child support from a divorce in 1963? Our Divorce was done in Taylor county Abilene, Texas

Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #

Shawna Murray
Shawna Murray answered on Oct 11, 2020

You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my spouse file for divorce in another state after I already served her with my petition? Is her petition valid?

I filed for divorce on 9/23/2020 in California (LA County). She was served on 9/28/2020 in her home state of Nevada (Clark County). Instead of responding to my petition, on 10/04/2020, she filed her own separate divorce case in Nevada, and served me today on 10/7/2020. The time limit to respond for... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 8, 2020

You need to contact some attorneys in Nevada that specialize in divorce. Phillip Spradling is an attorney in Las Vegas who handles dissolution, look him up on internet, I don't have a number.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Family Law for California on
Q: Does a woman have access to financial benefits if there is no claimed paternity of child?

My friends girlfriend recently gave birth to their son alone and told him he could not be there for the sole purpose of collecting some kind of financial benefits now that she has a child who no one has claimed the paternity of.

Shawna Murray
Shawna Murray answered on Oct 7, 2020

Either parent can contact the local Department of Child Support services and open case to get child support for the baby. This can be done whether or not the father was at the birth or is on the birth certificate. The father should request a paternity test if and when the mother does opens a case.... Read more »

1 Answer | Asked in Family Law for California on
Q: What can I do about paternal grandmother Buying minor son tobacco multiple times?
Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

Tell her if she doesn't stop you will report this crime to the police and have them take action. If I recall correctly it could be a $1000 fine for each occurrence. Call your local PD dispatch line and ask them which code section it is and what the fine is. Also suggest you find some uTube... Read more »

1 Answer | Asked in Family Law for California on
Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?

Hi

I have full legal sole and physical custody of my child (hes 12)

I was awarded full legal sole and physical custody

CPS took him off his mother and gave him to me because shes an alcoholic

I currently live in the SF bay area

I just got approved to move... Read more »

Shawna Murray
Shawna Murray answered on Oct 4, 2020

If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: My x went to court behind my back lied said i was aware of him doing so forged my signature and I had no idea

I had contacted the intire time but was unaware intill a year later when he took my son with his new girlfriend and kidnapped him to oregon while I was out of town dealing with personal matters without my permission when I tried to do something about it i found out about the court date that had... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 2, 2020

more info needed.

it would be a good idea to contact legal aid in your community.

before you meet write out all the facts as they will not have a lot of time for you.

1 Answer | Asked in Family Law and Child Support for California on
Q: Is my ex solely responsible for our minor kids' oop medical costs associated with expensive insurance HE insisted on?

My ex and I have 2 children, 16 y/o. Our divorce left me in terrible finances, while he continued earning more, well over 6 figures. I left a great career a few years ago due to my daughter's difficult medical diagnosis.

My income is so low i am on medi-cal, and since my children live... Read more »

Shawna Murray
Shawna Murray answered on Sep 27, 2020

You are responsible for uninsured medical costs based on what your court order says. The language varies from case to case. Usually there is language in the order stating that the healthcare coverage should be free of cost or at reasonable cost. It does not sound like the insurance he has provided... Read more »

1 Answer | Asked in Divorce, Estate Planning and Family Law for California on
Q: I was wondering what all i can get out of my husband in the divorce

I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Sep 23, 2020

The family code in California has a section which states that all community property is divided 50-50 between the parties.

1 Answer | Asked in Child Custody, Family Law and Criminal Law for California on
Q: Approximately how much time will my babies dad have to do and is he at risk for losing custody?

My babies dad has been arrested and sentenced about 4 times for breaking a no contact restraining order, which then was modified to peaceful contact for visitations after our dcf case was open. A week ago my mom made an incident report because she saw him outside my bedroom window. He did it again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2020

much more info needed.

it depends on a number of factors; his record, who the DA is and who the judge is etc.

this is a question that should be asked of his lawyer by him...........

if you are looking for him to do a lot of time, then maybe pose the question to the DA's office.

3 Answers | Asked in Child Support, DUI / DWI and Family Law for California on
Q: My ex has 2 DUI from not long ago and i just filed for child support. He claims this will send him to jail, is this true

Our child is currently one and throughout this time the father only shows up to see him 2-3 times a month for about 15 minutes. The financial support is in the form of formula and diapers and almost always comes from the fathers dad. I filled for child support and he is claiming that due to his two... Read more »

Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair answered on Sep 22, 2020

I don't think he can go to jail if a family court orders child support. If he violates that order he could have additional problems, including loss of driving privilege. But, he can get the order modified if his income changes so it's really up to him to keep on top of the child support order.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.