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California Family Law Questions & Answers
1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

1 Answer | Asked in Family Law for California on
Q: Personal Injuries of Emotional Distress

I am writing for a case inquiry. I am the assistant of Mr. Wu, who can't speak English.

Mr. Wu has a son George(5 years old) with his ex-wife, Linda, whose custody belongs to Linda. However, Linda prevented father and son from meeting for up to 15 months (Filed a restraining order... Read more »

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

I THINK YOU SHOULD POST THIS ON A FAMILY LAW SITE............WE DON'T HANDLE THIS KIND OF MATTER.

HOWEVER, I BELIEVE MOST LAWYERS, IF THEY TOOK THE CASE, WOULD ONLY DO SO ON AN HOURLY..........NOT A CONTINGENCY.

THUS, HE NEEDS TO SET UP AN APPOINTMENT WITH A LOCAL FAMILY LAW ATTORNEY.-

1 Answer | Asked in Divorce and Family Law for California on
Q: What are the chances if gaining permanent spousal support in California?

We were married in 9/95 and separated in 8/2019. My spouse is 71 and I am 68 we are both retired and collecting a pension from a local government pension and social security. My husband gross income is approximately $117,000 mine is $58,555. What is the liklihood of asking and receiving spousal... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 8, 2021

The simple answer is that a supported spouse may be entitled to spousal support for an indefinite period as long as the marriage lasted more than 10 years. There are however, several statutory factors that are taken into consideration when determining not only the amount of but also the duration... Read more »

2 Answers | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I lost custody of my 16-year-old grandson when he was about eight years old. He was adopted by his grandfather's sister

She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 7, 2021

You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal... Read more »

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1 Answer | Asked in Divorce, Family Law, Domestic Violence and Libel & Slander for California on
Q: What forms do I file if R didnt make paymnts to P as order on stipulation?

4/14/18 DVRO/Stipulation -ordered R' to make paymnts directly to P' every 15th of month for support. 2 month payments were received with memo "Support". 8/14/18 We reconciled, during this time R' would transfer funds to my account for household, food, etc. none of these... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 2, 2021

MORE INFO NEEDED.

ADVICE FROM AN ATTORNEY IS ONLY AS GOOD AS THE INFO REC'D.

IF YOU HAD A LAWYER, THAT IS THE PERSON TO WHOM YOU SHOULD POSE THE QUESTION.

S/HE HAS ALL THE INFO ON THE CASE AND ANY LAWYER ANSWERING HEREIN, I WOULD NOT TRUST OVER THAT OF MY INFORMED LAWYER.

3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »

Sally Bergman
Sally Bergman answered on May 30, 2021

Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder... Read more »

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1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Q: Does my family have a right to custody of my daughter if her father has abandoned her and I am unable to see her?

So here's the situation: back in January the father of my daughter and her babysitter and her daughter (also the people I was living with) refused to let me leave the house with my daughter. I attempted to leave and due to being in similar situations in the past with my daughter father I... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2021

more info needed.

for an accurate answer, you need to consult with a family law (divorce) attorney.

Domestic violence is a criminal matter and you should have hired or had a public defender appointed to represent you on the criminal proceedings.

however, criminal lawyers...
Read more »

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for California on
Q: I have a 17 year old daughter and she likes a 13 year old girl they started to cut themselves how can I stop them

My daughter said she will kill herself if I stop her from talking to this 13 year old girl I don't know what to do . Can I file a restraining order ? My daughter does have a Psychiatry list and she speaks with a counsellor already . But I think this girl is influencing her.

Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

This is a very delicate situation and there is single right answer on what you can do. I suggest maybe also reaching out to the other girls parents to help figure out a solution.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: To petition for a change of custody in Plumas County after a ruling has been made previously, what forms do you file?

A default judgement was granted due to failure to appear and other extenuating circumstances. Children are still in my custody 50% of the time with me providing monetary support for them as well. Their mother insists on creating a permanent schedule though I currently have no legal right to the... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 20, 2021

The issues you are dealing with have important consequences to you and your children. Seek experienced counsel to assist you.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I have a DV 110 which was amended by the judge but never explained and never served to the defendant/respondent.
Dale S. Gribow
Dale S. Gribow answered on May 20, 2021

i need more info and completed question

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Is it a violation of DVRO to have someone else ask me a question for them?

I have a dvro that protects me and my children from their father. It states no contact directly or indirectly. He had his mother text me to ask if he could send the kids a video of him. And that he doesn’t want to violate the order but would like to send the video if I will allow it.

Dale S. Gribow
Dale S. Gribow answered on May 18, 2021

IF IT SAYS DIRECT OR INDIRECT, THIS WOULD BE A VIOLATION.............

HOWEVER, DO YOU NOT WANT HIM TO STAY IN TOUCH WITH YOUR KIDS?

I AM SURE YOU WANT TO DO WHAT IS IN THE BEST INTERESTS OF THE KIDS WHILE FOLLOWING THE LAW......

1 Answer | Asked in Family Law and Probate for California on
Q: I was granted guardianship in New Mexico, but have lived in California the entire time. Do I petition in NM or CA to end

I have always resided in California, does the case automatically transfer? I want to end guardianship and am not sure if I petition in New Mexico or California? Guardianship was not supposed to be this long (13 years thus far), but birth mother keeps having time added to her sentence in prison.

Jackie Marie Howard
Jackie Marie Howard answered on May 18, 2021

Jurisdiction over the case does not automatically transfer, so the court that has been overseeing the case is where you would file.

2 Answers | Asked in Family Law, Personal Injury and Juvenile Law for California on
Q: I have a 17 year old daughter and she likes a 13 year old girl they started to cut themselves how can I stop them

My daughter said she will kill herself if I stop her from talking to this 13 year old girl I don't know what to do . Can I file a restraining order ?

Dale S. Gribow
Dale S. Gribow answered on May 13, 2021

she needs a psychiatrist and medical treatment more than a lawyer.

a mother and father should sit down with her and try to get through to her.

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1 Answer | Asked in Criminal Law and Family Law for California on
Q: The father of our only son died under orange county sheriff's. I need a lawyer to get police and autospy report
Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MAKE AN APPOINTMENT WITH A LAWYER CLOSEST TO WHERE THE CASE IS PENDING TO SEE WHAT S/HE WOULD CHARGE.

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I have a family law lawyer who isn't doing his job I'm looking for a new one. How do I go bout that

My case is all over the place. The son I thought was mine isn't but I've been trying to get full custody of him because his mom is in prison ive had him since a baby she's never really been in his life and his biological father signed his rights over while incarcerated now his out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MORE INFO NEEDED.

THE FIRST QUESTION IS WHETHER YOU CAN AFFORD A FAMILY LAW ATTORNEY.

IF SO GOOGLE FAMILY LAW ATTORNEY IN YOUR AREA AND MAKE AN APPOINTMENT.

THE LAWYER MAY BE DOING THINGS RIGHTS BUT YOU DON'T UNDERSTAND.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I fight for physical custody of my children while there’s a guardian in place and a termination trial ?

How do I win termination I was never served with this guardianship they pushed back the evidentiary hearing three months which makes one year and she can adopt my kids

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 27, 2021

This is a very serious and legally complicated issue. This Q&A forum is not the proper avenue for you to get this type of legal advice. You need to consult with an attorney directly.

1 Answer | Asked in Divorce, Family Law, Collections and Domestic Violence for California on
Q: I need a divorce/family law attorney to file a few papers and come tell the courts that my ex-husband is in contempt.

My ex-husband is well off & has stopped paying support against court orders. I believe this is called contempt, and need a divorce/family law attorney to let the courts know & enforce collection. Any help finding one is much appreciated! Thank you. ~

Dale S. Gribow
Dale S. Gribow answered on Apr 23, 2021

what court are you dealing with?.............

if Riverside County I will give you some names................

Dale Gribow Attorney at Law 760 837 7500

1 Answer | Asked in Divorce, Family Law and Business Law for California on
Q: We divorced but haven't settled our community property business. She has "locked me out" & i can't afford attorney. help

Help. I have hit a wall. My wife & i recently divorced, but left the issue of community property unresolved because it was going to be super expensive to value our community property business (forensic accountant, etc). She has locked me out and receives a sizable income from the business,... Read more »

Julie King
Julie King answered on Apr 23, 2021

I'm sorry about your situation. I am not a family attorney, but I do know there are self-help departments of most courthouses that can give you the documents you need to start a dissolution (divorce) case in family court. Some law schools, such as the Monterey College of Law, hold clinics to... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: How can I see if someone has PFA against me in California?
Dale S. Gribow
Dale S. Gribow answered on Apr 17, 2021

IF YOU ARE TALKING ABOUT PROTECTION FROM ABUSE, YOU MAY WANT TO RETAIN A PRIVATE INVESTIGATOR TO RESEARCH SAME.

1 Answer | Asked in Family Law for California on
Q: How can you protect sensitive information on settlement agreements?
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 12, 2021

Depends on what you are talking about. If you don't the "sensitive information" in the settlement agreement, then don't include it. For example, when I draft judgments, if a bank account is being divided or turned over to the other party, I only include the last 4 digits of... Read more »

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