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California Family Law Questions & Answers
1 Answer | Asked in Contracts, Family Law, Real Estate Law and Probate for California on
Q: My grandmother passed away in November, the house is being sold

I am a beneficiary and under ca. Probate code 16061.7 I am required to get copy of the trust now that it is irrevocable, question is do I have a right to see the escrow/title documents prior to closing? What other documents am I entitled to get a copy of, If different than the above code what is... Read more »

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

I would consult a probate attorney immediately. Trying to learn the law and the forms, may cost you dearly. I hope this helps. Zaher Fallahi, Esq, CPA (CA &D.C.).

Disclaimer: The information provided here is not intended for and may not be construed as solicitation, or legal and tax...
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1 Answer | Asked in Estate Planning, Family Law, Child Support and Probate for California on
Q: I need to collect child support via someone's inheritance, which is in probate. What forms would I use in California ?

Child support order is in place. Arrears is owed

Zaher Fallahi
Zaher Fallahi answered on May 26, 2020

Go to the county probate court’s Website, find the case information and the law firm’s contact information, and deliver the claim to them. The law firm must pay all valid liabilities before distributing the estate. Alternatively, contact the probate court and seek their help. I hope this helps.... Read more »

1 Answer | Asked in Family Law for California on
Q: A friend has lived with her boyfriend for about 9 years. She became handicapped and now he wants her out.

Shortly after moving in together she became ill and later had to leave employment. Prior to that she made his house a home and contributed financially. Now he wants his old life back and wants to throw her out of the house. She needs 24 hour care and does not know what her rights are.

Marco Antonio Torres
Marco Antonio Torres answered on May 26, 2020

There are insufficient facts in your post. Nevertheless, If your friend is in California then she may look into the following:

1) A “Marvin” action; and

2) Putative spouse doctrine.

Finally, California does not recognize common law marriage (but does allow for divorce...
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1 Answer | Asked in Family Law, Juvenile Law and Social Security for California on
Q: can my father refuse to give me my social security benefits until I’m 18 even though he kicked me out?

months ago I was kicked out,my father didn’t really care but I didn’t tell them where I was going so my fathers sister reported me missing. I still had the missing person report even though everyone including my dad knew where i was at. we got that resolved and both of them stated it was fine... Read more »

Mike Darlington
Mike Darlington answered on May 25, 2020

Call or get online with the Social Security Administration; explain the situation to them and they will head you down the right path. May be a slow process but just take one step at a time and don't lose your patience.

2 Answers | Asked in Family Law for California on
Q: I want to know If I file for a legal separation , can I seek Income from my husband?
Mike Darlington
Mike Darlington answered on May 22, 2020

You are, I assume, asking about spousal support. In a legal separation you have all the same rights as you do in a divorce action; except you cannot dissolve the marriage. Consequently, you can seek spousal support. Being able to seek it though may be different than being awarded it. That will... Read more »

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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: if my ex put a domestic restraining order on me what do I do to fight back? he is trying to start paperwork to take

kids from me, when in fact he has corprl punishment . Him and his family are trying to take my kids.

Dale S. Gribow
Dale S. Gribow answered on May 20, 2020

a lot more info is needed.

The first thing you should do is make an appointment with a lawyer in your area who handles this area of law.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How can a mom get child support but lives in a two person income household, & I struggle as a single dad to pay?

I have 4 kids. 2 by 1 mom & 2 by another mom. The 1st mom wants child support even though she lives in a household with a new partner who she has lived with for over 8-9 years, has 3 more kids with, & only refuses to marry him so she can collect more child support from me. While I struggle... Read more »

Mike Darlington
Mike Darlington answered on May 19, 2020

Actually, if she were to marry him it might increase your support. New spouse's income is not disposable to payment of child support. The only thing a new spouse's income does is put mom's income in a new tax bracket so she nets less income for the child support calculations. The... Read more »

3 Answers | Asked in Family Law for California on
Q: I am responding to an Ex-Parte in family court, do I have to serve the other party with my response before the hearing?
Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2020

That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to... Read more »

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: Do I have grounds to get a temporary restraining order?

My daughters step mother is sending threatening text messages to me directly such as, “I know where you live” “let’s go b*” “One punch you’re gone” and other vulgar messages. It’s been going on for two days and I’m afraid she’ll act on it or hurt my daughter. I have all of the... Read more »

Marco Antonio Torres
Marco Antonio Torres answered on May 16, 2020

You can make a very good case before to get a temporary restraining order.

The court focuses on whether there is a credible threat of violence that would place a reasonable person in fear for his or her safety or the safety of his or her immediate family, and that serves no legitimate...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: If my sons father is on parole for penal codes 261(a)(2) and 207 will he be allowed joint custody?

He wears an ankle monitor and isnt allowed near schools or places children frequents

Marco Antonio Torres
Marco Antonio Torres answered on May 13, 2020

It is possible - however those are serious convictions which may give a judge pause to order visitation without supervision if you contest a request for joint custody whether it be legal and or physical.

If your goal is to challenge it you will need to establish why it’s in the child’s...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Im about to buy a home with my girlfriend and wanted to know if her income can affect the amount of support I pay child?

I have child support court on July 7 and live with my girlfriend and our child but will have to start paying child support. Will her income effect how much support I will have to pay? What if we split bills and share income will judge consider I have more income ?

Marco Antonio Torres
Marco Antonio Torres answered on May 10, 2020

No - your girlfriend’s income has does not affect prospective child support. The judge will consider your income, expenses albeit are a part of the I NBC one and expense declaration, generally do not affect child support calculations.

1 Answer | Asked in Divorce and Family Law for California on
Q: Married Less Than 3 Months...Divorce or Annulment?

I had applied for Confidential Marriage License applied at the Santa Clara County, CA back in Feb 2020. I have yet been back to purchase the Marriage Certificate. Since married, we do not share bank accounts, money, or have purchased any tangible assets. She and her young 18 months child does... Read more »

Mike Darlington
Mike Darlington answered on May 8, 2020

To obtain a nullity in California depends on meeting certain criteria, most of which have to do with issues that occurred or where present prior to the marriage. It does not appear from your question that the necessary elements exist to have the marriage nullified and you would be better off... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi , I have visitations with the mother of my kids. She’s not letting me see the kids due to Covid-19, what can I do?

I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?

Tobie Brina Waxman
Tobie Brina Waxman answered on May 6, 2020

There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Will I encounter issues obtaining a marriage license if my fiancé married in CA, and got an annulment in Washington?

My fiancé was first married in San Joaquin County, California (where we currently live), and then moved shortly to Washington (State). Her ex-husband (recently remarried himself) claims he petitioned for an annulment in Snohomish County back in 2011. Will I encounter problems when going to apply... Read more »

Mike Darlington
Mike Darlington answered on May 6, 2020

If the marriage was annulled legally in another state, California would honor that Judgment. However, you do not sound sure it was annulled. I would get proof of it being annulled legally; otherwise it may cause troubles for you down the road - such as making your new marriage invalid.

1 Answer | Asked in Family Law for California on
Q: How do you get partial custody of your kids when they are living out of state with their other parent?
Mike Darlington
Mike Darlington answered on May 6, 2020

First you need to define what you mean by partial custody. In California there is legal custody which means that you share in major decisions concerning the health, education and welfare of the minor children. The court can grant you joint legal custody no matter where the children live. The... Read more »

1 Answer | Asked in Family Law and Immigration Law for California on
Q: Question about I 864 affidavit of support

I have a quick question that I’m having trouble with. I petitioned for my husband and our I 130 got approved now I have to file an I 864 but my concern is that I was also previously married to my ex husband and petitioned for him back in 2015 and also filed an I 864 for him back then with a joint... Read more »

Ian M. Seruelo
Ian M. Seruelo answered on May 5, 2020

If any of the following is true, then you do not need to include him:

If he...

a. Became a US citizen, or

b. Has worked, or can be credited with, 40 qualifying quarters of Social security earnings, or

c. No longer has lawful permanent resident status and has...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Am I likely to receive sole custody when the father homeless but I have a jail record? I'm the primary caregiver.

I'm the unmarried mother of a 6 year old son. His father and I haven't lived together for over 2 years. I've been the primary caregiver for that time, arguably longer as he has never held a job and I have always been the primary breadwinner and responsible for his education and... Read more »

Mike Darlington
Mike Darlington answered on May 4, 2020

Reading between the lines there is way to much information that has been left unsaid to make an attempt to give you advice on how to proceed. You best bet is to get a consultation with a local family law attorney that can spend the time with you to get all of the information needed to make an... Read more »

1 Answer | Asked in Family Law and Immigration Law for California on
Q: Question about I 864 Affidavit of Support

I am currently physically addressed in Mexico to be with my husband. That’s the physical address that I put on the approved I 130 as well. I am domiciled in US though . I have a mailing address, and US cellular carrier plan that I pay for every month . USA is where I intend to live. But for the... Read more »

Robert Roy Klein
Robert Roy Klein answered on May 4, 2020

The 864 requires the sponsor to be domiciled in the US, meaning the address in the country where you treat and intend to be your permanent home. Thus, put your US address.

2 Answers | Asked in Family Law for California on
Q: How would a grandparent, with the parents cooperation, go about getting guardianship?

There was an incident and the child is currently in their care. The goal being not to separate parent and child entirely but to give the grandparent some sort of legal claim to the child. As their parent for various reasons cannot care for them properly and need not be the sole decision maker.

Tobie Brina Waxman
Tobie Brina Waxman answered on May 4, 2020

https://www.courts.ca.gov/1212.htm

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1 Answer | Asked in Family Law for California on
Q: I live in North Carolina now but have two of my children in Lake Elsinore .i need to file for new visitation rights

can i file that online and when are the courts supposed to open back up?

Mike Darlington
Mike Darlington answered on May 4, 2020

You would need to file an FL-300 to request modification of the visitation terms of the current orders. Each individual court has their own local rules as to electronic filing so you would need to check with the court where the case is located. Likewise, each court is fashioning their own set of... Read more »

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