Get free answers to your Family Law legal questions from lawyers in your area.
I have an open case with Department of Child Support Services, but I do not have a visitation agreement in place. The mother currently has physical custody of our child. I want to establish a custody order because the mother is withholding our child for personal reasons. Should I file form FL-260... View More 
answered on May 12, 2025
If you do not have any existing/open case related to custody you need to file an initial petition. That can be a Petition under FL260, or a Petition to Establish Parental Relationship (aka paternity or parentage) - FL200. The Petition opens your case and you are assigned a case number. You can... View More
As a stay-at-home mother, I did not work outside the home, and my husband controlled all financial aspects of our marriage. I'm in the process of filing for divorce, and I'm unsure how my lack of employment might affect the financial arrangements, especially regarding spousal support and... View More
answered on May 9, 2025
It will influence your entitlement (duration and amount) to spousal support. If there are minor children involved, it may also impact child support and may even influence what type of parenting plan (aka custody) arrangement you can ask for. To maximize what you are entitled to, I strongly... View More
I am a California resident seeking an annulment based on fraud, misrepresentation, and bigamy. My spouse and I married in Las Vegas, and I am currently filing for an annulment in Nevada without a Nevada residency requirement. A default is filed, and I'm waiting for court approval without a... View More
answered on May 8, 2025
You already have an open case in Nevada with a default pending. Why would you file another case in California? Why would you file for divorce when you believe your marriage is void and thus filed for nullity in Nevada? Your marriage was either valid or it was not. If your spouse was married to... View More
I have a final divorce judgment that requires property separation through a QDRO, specifically a cash payment from a 401(k) by a specific date. That date has now passed without payment. I have not yet contacted the 401(k) plan administrator. We hired a QDRO specialist to handle the filing. There... View More
answered on May 6, 2025
I'm not sure I understand the problem. Did you get a QDRO? Was that QDRO filed with the court? Was that QDRO then served on the plan administrator? If yes, to all these questions, and you have not yet received what you are due, you need to take that up with the plan administrator. If you... View More
I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More
answered on May 6, 2025
In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More
I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2025
Dear injured worker,
I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or... View More
I need to file an FL-150 for my child custody case. My 2-year-old daughter, who is disabled, receives SSI. I am currently not working, as I stay home to care for her. My husband, who is not my daughter's father, works. I am filing a regular income and expense declaration and want to know... View More
answered on Apr 30, 2025
You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More
I am an Indian citizen married to my wife, also an Indian citizen. Our marriage was registered in India. I currently live in California on an H1B visa, and my wife is here on an H4 EAD visa, having moved in December 2024. We have no children or debts and no prenuptial or postnuptial agreements. We... View More
answered on Apr 28, 2025
If you meet the residency requirements, 6 months in the state of California, and 3 months in your county, you are able to file for dissolution of marriage in California regardless if you got married in another country.
In regard to recognizing the divorce in India, I would speak with... View More
In February 2025, a judge signed our divorce settlement stipulation order. My spouse is now changing the terms, which were not part of the original agreement. Specifically, he has not complied with payments, the return of my belongings, and my child's passport. The original stipulation... View More
answered on Apr 28, 2025
To enforce the original terms, filing a motion to enforce the order is a primary strategy. This motion would compel compliance with specific obligations, such as the return of your belongings and the child’s passport. Alternatively, initiating contempt proceedings may be appropriate, as... View More
I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More
answered on Apr 28, 2025
The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More
My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More
answered on Apr 28, 2025
California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More
When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal
answered on Apr 25, 2025
Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More
I am currently going through a divorce in California. There is no prenuptial agreement in place. During our marriage, my spouse and I acquired two horses—one for each of us. My spouse is now refusing to let me take my horse and my plants, which I consider mine. Can I claim these items as mine... View More
answered on Apr 25, 2025
It seems each of you getting a horse would be a fair distribution, but you can't claim it.
Generally, this is what either of you earned (or debt you took out) after you married, but before you separated. The “community” is you and your spouse. The property belongs to you both... View More
I have lived with my Dad since 2011, and he passed away in 2014. I have been making mortgage payments since 2017 until November 2024, when my sister put the house up for sale. She is on the deed with my dad since 2010, but there is no written will. Now, the house is in default with several letters... View More
answered on Apr 24, 2025
I'm sorry to hear about the situation. Has a Petition for Probate been filed? If not, the property most likely cannot be sold since a representative of your father's estate must be appointed to sign transfer documents to the new owner. In addition, as a beneficiary, you must be given... View More
I have been married for 6 years, and we have no properties or children. I am retired and my spouse has been supporting me financially during our marriage. We have not discussed alimony yet, but I believe I deserve alimony for 3 years and I am seeking legal advice on how to proceed.
answered on Apr 23, 2025
Not sure what you mean by "how to proceed". If you want alimony, click the box for "spousal support" on your Petition (or Response), then concurrently with filing your Petition (or Response), file a Request for Order to get temporary spousal support orders in place while your... View More
I live in California and have been married for 23 years. Our home was purchased three months before our marriage, and my name was never added to the title. All our assets, including bank accounts, savings accounts, car, camper, and property, are in my spouse's name. We want to avoid the delays... View More
answered on Apr 23, 2025
The fact that your spouse did no estate planning prior to death is unfortunate. I always tell people that they should set up an estate plan FOR THEIR LOVED ONES, not for themselves -- because they'll be gone! So, people have a choice of leaving their loved ones a nice, neat package with... View More
I was arrested by CPS and had my son removed from my home in Los Angeles County on March 20, 2025, with no allegations of abuse from my side, only my criminal record. My child's mother, who is currently incarcerated and has a history of substance addiction, had her other children removed from... View More
answered on Apr 21, 2025
Under California Welfare and Institutions Code § 300, CPS may remove a child only if there is clear evidence of substantial risk of harm. Removal based solely on your criminal record, without specific allegations of abuse or neglect, may not satisfy this standard unless CPS demonstrates a current... View More
I got married in September 2024, and my husband is undocumented. We agreed that I would sponsor him for his green card, but after two months of our marriage, he stopped financial support. I am unable to work due to a mental disability, and I require financial assistance for my needs and... View More
answered on Apr 21, 2025
You may have a strong legal basis to recover the jewelry, valued at over 70 grams of 21k gold, taken by your spouse without permission. If the jewelry is your separate property (e.g., acquired before the marriage or as a gift), you retain exclusive ownership under California Family Code § 770. If... View More
I am a self-represented single mother with a pending hearing for a personal restraining order. The restrained person showed physical aggression by closing a car door on my leg, and I immediately filed to add my child to the restraining order. However, it was denied. Given that the hearing was moved... View More
answered on Apr 17, 2025
To include your child as a protected party on the restraining order, you do not need to file for contempt. Instead, you should request a modification of the existing restraining order. California law allows for such modifications through the filing of a Request for Order (form FL-300) and a... View More
What forms need to be filed for initiating a custody case when there is no existing custody case, divorce, or immediate concerns involved?
answered on Apr 15, 2025
It depends. Are you married to the other parent? If not, you initiate a "parentage" action or a Petition for Custody. If you are married and you want custody orders, why not file for divorce or legal separation. In any case, the steps to take are listed on the court's website at... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
