California Family Law Questions & Answers
Q: Can I be legally reimbursed (from my mother's bank account) for expenses incurred doing home repairs on her house?
My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »
It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.
Q: how to petition court to determine ownership of decedents joint bank accounts
California rules right of survivorship in jointly held bank accounts unless clear and convincing evidence shows other intent by decedent. What forms do I need to file to ask the court to make a ruling on my mothers jointly held bank account when I have a will that says she leaves nothing to her... Read more »
You have already asked this question, and at least two lawyers have already responded. If you do not agree with the opinions of the two experienced lawyers then you should hire a probate lawyer to help you.
Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?
Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?
A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date... Read more »
Q: My neighbor kept throwing trash, debris, heavy objects (ie paving bricks, rocks...) into my backyard.
I've talked to them twice, called the police once. No collaboration & things just got worse, am afraid it'd escalated & someone might get hurt.
Take pix to gather evidence and sue in small claims for up to $10k.
before you sue consider sending a letter setting forth all that has happened and give them 10 days to remedy the situation and sue in superior court with a lawyer or small claims.
Q: My mother is a immigrant And we are scared about her getting arrested by ice.
My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »
The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.
It can help to review your situation and hers, but it is unclear... Read more »
Q: Can a police officer take me to jail For calling them for to come help me?
My x spouse was out of state without my knowledge. My 15 wouldn’t answer my calls or texts, I went to my home to check on her, I found hard liquor empty bottles and passed out teens through out my home, she was locked in the master I opened to find her in underwear and a guy...she was cursing me... Read more »
More info needed.
i doubt if they will file against you and if they do your lawyer will probably get it dismissed.
either hire a lawyer now or ask for a public defender if you have to go to court.
maybe consider writing out a summary now while everything is fresh in your... Read more »
Q: My stepdaughter informed us that her uncle told her he has feelings for her, she has a great body
asked to see her private Area told her he would pay her to see them and asked her if she has feeling for him as well. Can i file charges? Even tho he hasn't touched her?
more info needed.
how old is she?
i would keep an eye on her but what he says is probably not enough to be a criminal offense...especially if she is over 18.
Q: My ex-husband has not seen or had visitation with his child since 12/02/2012
He emailed me stating that I do not have his permission for our child to leave the state. We do have child support and he stated that it was 0 custody and 0 visitation. My child is in competitive cheer and travels out of state for competitions. Am I allowed to take her to her competitions or do I... Read more »
What do your court orders say? Who has physical custody? Who has legal custody?
Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.
What can I do to get them back right now ?
I have legal custody over them ..
This is kidnapping right ?
Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.
Q: My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?
He wants to live with me because his step father is emotionally and physically abusive.
File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference, but given his... Read more »
Q: Does visitation order start after serving the other party with the court order?
It depends whether the judge said at the hearing that the order is "effective forthwith". If so, it doesn't matter when the written order is filed or served. If the judge was silent on this issue, the order is effective upon service of the Order.
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.
Tim Akpinar
Q: The findings and order after hearing was filed incorrectly. I was served 7 days after it was filed plus other errors
I was served 7 days after it was filed plus other errors including the petitioner being called respondent and vice versa. which by doing that that gives the respondent custody in the situation. I filed my opposing FAOAH and was in my time frame since being served but the court rejected them. Did... Read more »
I would need more information, but I would want to know whether there was a court reporter present so that there is a transcript available to purchase that shows what the judge actually decided; who :they" are, who said you needed to file an RFO to correct what seems like an obvious mistake; were... Read more »
Q: Long term marriage divorced in 2005. Paying spousal since separation. No QDRO in place.
No stipulations in final decree regarding retirement. Retiring soon. Will I have to pay spousal after retirement?
You pay support in accordance with your court orders or judgment until those orders are modified by a new or subsequent order.
Q: what can i do to cease and desist harassment from a sibling?
I have a sibling whos been harassing me 10+ yrs she is making false police reports death threats aginst me to my kids, malice slandering (defamation of character). threats to my kids saying shes gonna have me in jail for life kill me etc Cant hold a job im so stressed I need a attorney but im a... Read more »
MORE INFO NEEDED
I DON'T DO THIS KIND OF WORK BUT MAYBE YOU SHOULD CONTACT LEGAL AID.
Q: I was served with divorce papers twice at work, is that improper service? She's trying to make me lose time.
She filed in Riverside CA but just moved there. Can I ask for an RFO TO QUASH PROCEEDINGS FOR LCK OF JURISDICTION
The question is whether you also live in Riverside County. If not, where do you live? But I agree that there is no jurisdiction for a court to hear a divorce case, if, at the time of the filing, neither party had lived in the county at issue for at least three months. The way to get around this,... Read more »
Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?
We have been to court regarding custody several times recently 1.5 years ago.
Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »
Q: My mother passed away and the executer / same sex partner took away what was supposed to go to me and my sister, (a
Quarter of a miillion in stocks and a nice mobile home that after executer/ domestic partner passes away gets sold split between her two sons and me and my sister (which executer sold and gave us none of us nothing) we Trusted her ,(my mom will said if anyone trys to change my will gets nothing,... Read more »
Unfortunately, your facts doen't lend themselves to an easy answer in this format.
You'll have to call a local attorney for an appointment and bring your documents for a full consultation.
Q: 17 and less than a month to be 18 runaway subpoenaed.
My friend is 17 and a runaway from a foster Home. They are a little under a month away from being 17 and he was subpoenaed to his uncle court date for sexual acts done to him which is why he was in foster home.. What will happen because he is a runaway and did not go to the court date?? Will he go... Read more »
much more info needed
he needs to have a consult with a lawyer in his area.
many lawyers will offer a free consult.
i would recommend he writes down a complete summary before seeing the lawyer
Q: Is it Illegal to print up a fake DNA results paper that says a made-up person is the father
I think it is fair to assume that whenever a fake anything is presented to represent something that is otherwise false, there might be both civil and criminal consequences. Of course additional information would be helpful to better answer.
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