Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 10, 2022

I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I have to tell the noncustodial parent that I’m moving

Do I have to tell the Noncustodial parent that I am moving I’m still staying in the state of California and all he has is visitation of our son everything was finalized in court in 2019

Ryan  Beiser
Ryan Beiser answered on Jan 10, 2022

If the place you are moving is far enough away to interfere with your current custody orders, you have to get the court to change the order. You can't just tell him you are moving if the move will interfere with your custody orders.

2 Answers | Asked in Divorce, Family Law, Personal Injury and Tax Law for California on
Q: Im paying all the bills and husband hiding his money in an investment in x name. What can I do. I found bank letter

The letter was sent to my home re: Request to change address to x address. We have been married for a year.

Dale S. Gribow
Dale S. Gribow answered on Jan 7, 2022

YOU PROBABLY WANT TO ASK THIS QUESTION TO A FAMILY LAW ATTORNEY IN YOUR AREA.

CALL FOR A FREE CONSULTATION ASAP.

View More Answers

1 Answer | Asked in Family Law and Probate for California on
Q: My uncle died in ca no will no spouse no children parents dead. He has 3 siblings but only 1 is alive. R niece an hier

child of deceased sibling

Howard E. Kane
Howard E. Kane answered on Jan 5, 2022

Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Rights for California on
Q: Hi, I am being harassed every single day, by a neighbor. The management is not doing anything. What should I do?

Hi, I am being harassed every single day, multiple times a day by a neighbor. She keeps calling and using security as a way to harass me and bully me every single day. (Anytime she hears me on the phone or when she hears something). She just won’t leave me alone. The management knows. I have... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 27, 2021

You can file your own harassment claim against this neighbor. all the necessary forms are available on the Court’s website (https://www.courts.ca.gov/forms.htm?query=civil%20harassment). See form CH-100-Info on the instructions whether or not you have an appropriate case for civil harassment... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Tax Law for California on
Q: My Ex exercised half the shares of community assets before splitting our stocks and did not communicate causing loss

My Ex is supposed to give 50 % of his pre-ipo stocks over to me and keep me informed what he is doing with them. But he kept me in dark exercised 50% of them and never gave me an option to exercise as it was community property in his name and now claims all exercised shares are his. Now if i agree... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

more info needed.

it sounds like a family law matter and I do not accept divorce matters.

present this to your divorce attorney and if you don't have one request a courtesy consultation with one

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How to get domestic/civil restraining order dropped by two mandated reporters waited months to report the alleged abuse

Oct 15 2021 my sister and mother were in a physical confrontation where my mom suffered injury. This has occurred before(have pics) sister had none. She was asked to leave so they could calm down..instead she moved in next door with a neighbor/friend of 20 years.she had not been allowed to see... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

More info needed.

I suggest you type up a complete summary and consult with a local lawyer. This question deserves more attention than a quick answer.

You should have a lawyer put the matter on calendar if he thinks the facts warrant it.

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: My boyfriend and I are separating and we bought a house together. He won’t sign so we can sell the house
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

Hire an attorney to file an action for a Sale For Partition

1 Answer | Asked in Consumer Law, Family Law and Health Care Law for California on
Q: Clinic called me later saying they messed up billing and now I owe them more money

I received treatment from a planned parenthood and paid my bill in full at the end of my appointment. Later that night, I received a call from them saying they made a mistake and didn’t charge me properly and now I owe them another 125$. Do I need to pay this even though they’re the ones who... Read more »

Leon Bayer
Leon Bayer answered on Dec 4, 2021

How did they "mess up"? You owe what the treatment cost, plain and simple. If they gave you the correct bill at the time of your treatment, you would have paid, wouldn't you? So what is different about giving you a corrected bill later on the same day?

Don't you ever...
Read more »

2 Answers | Asked in Estate Planning, Family Law, Civil Rights and Patents (Intellectual Property) for California on
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

View More Answers

2 Answers | Asked in Criminal Law and Family Law for California on
Q: What does penal code 157 mean?
Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2021

Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of that child, substitutes or produces to that parent or guardian another child in the place of the one so confided, is punishable by imprisonment... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

1 Answer | Asked in Family Law, Criminal Law and Elder Law for California on
Q: My ex-husband is 64 with advanced dementia. His girlfriend married him 6 weeks ago My daughter needs help to annul it.

His girlfriend cashed out his 401K and used his credit. She refused to let anyone talk to him over the past 2 yrs. She refused to take him to the doctors. He was wandering around daily in his Camptonville neighborhood. He has gone missing several times. My daughters and I flew out to check on him... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 19, 2021

more info is needed.

this is not a criminal case unless you are referring to someone to represent his new wife.

make an appointment with a local lawyer in your area.......maybe one who does conservatorship etc???

1 Answer | Asked in Family Law for California on
Q: Do I have to serve a Motion To Quash hearing to the other party or his attorney? That portion was crossed out!

I efiled and got my docs back with the service portion crossed out.

Maurice Mandel II
Maurice Mandel II answered on Nov 17, 2021

All motions are required to have a proof of service on the other parties, even Ex-Parte Applications, which mean "without notice" have to have a declaration of Ex-Parte notice. There are also requirements in the CCP for how many day's notice you have to give for the motion (21 plus... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 16, 2021

Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »

1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: My ex made disgusting lies about me in court documents. Not only did he tell egregious lies about me he lied about never

Hitting me. I have police reports that show otherwise. He lied to obtain a restraining order so I can't contact my daughters. It's bad. Can someone please get back to me.

Dale S. Gribow
Dale S. Gribow answered on Nov 15, 2021

you are posting a family law question on a criminal site.

repost on the family law site.

didn't you have a lawyer?

more info is necessary to understand why the judge ruled the way s/he did.

1 Answer | Asked in Family Law for California on
Q: If emergency guardianship was granted on false abandonment charges and I can prove that will they get dropped kids home

My brothers and sisters took my 3 kids and hit them I called the police to find them and we made a deal to take 3 days to let everything settle during that time my brother filed for guardianship is that legal is that legal considering it was a deal Between him me and an officer

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

It sounds like this case is currently pending a decision from a Court. I would advise you to retain an attorney that handles Guardianship matters to represent you.

2 Answers | Asked in Employment Discrimination, Employment Law and Family Law for California on
Q: Can my employer deny my domestic partner healthcare coverage? We live in California; fam. code section 297 suggests no.

Employer (FedEx), who provides fully paid coverage is saying they aren’t covering domestic partners at the start of the nee year. All California bills/acts I’m reading suggest that is not something they can do. HR has been twisting themselves into pretzels to try to make a case that they are... Read more »

Brad S Kane
Brad S Kane answered on Nov 14, 2021

While I am not aware of any California law requiring employers to provide health insurance, I believe that employers that offer health insurance to spouses, must also offer them to domestic partners. I believe that you should contact the California Department of Insurance for assistance and/or... Read more »

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.