California Family Law Questions & Answers
Q: I was charged for possessions of sales now It iz Wut It Iz bee about a year since my last court hearing which I
1 Answer
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Criminal Law, Employment Law, Family Law and Traffic Tickets
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California
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Answered on Feb 18, 2019
Answered on Feb 18, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED
THE BEST PERSON TO ANSWER YOUR QUESTIONS ARE THE LAWYERS YOU USED IN THE UNDERLYING CASE WHICH I AM GUESSING IS THE PD.
IF YOU PLEAD OR ARE FOUND GUILTY THEN IF YOU DON'T COMPLY WITH ALL THE TERMS AND CONDITIONS OF PROBATION A BENCH WARRANT FOR YOUR ARREST IS ISSUED.
THE JUDGE CAN SENTENCE YOU ALL OVER AGAIN IN ESSENCE. YOUR PRIOR RECORD WILL BE A FACTOR.
MUCH MORE INFO NEEDED
THE BEST PERSON TO ANSWER YOUR QUESTIONS ARE THE LAWYERS YOU USED IN THE UNDERLYING CASE WHICH I AM GUESSING IS THE PD.
IF YOU PLEAD OR ARE FOUND GUILTY THEN IF YOU DON'T COMPLY WITH ALL THE TERMS AND CONDITIONS OF PROBATION A BENCH WARRANT FOR YOUR ARREST IS ISSUED.
THE JUDGE CAN SENTENCE YOU ALL OVER AGAIN IN ESSENCE. YOUR PRIOR RECORD WILL BE A FACTOR.
Q: I have been with my partner for 11yrs have 2 kids and a house we recently purchased under his name. What is the best
Jeffrey Louis Gaffney's answer
You need to have the house put in both of your names as Joint Tenants. Otherwise, you have no interest in the house at all when he dies or if you split up. If you are helping to pay the mortgage, you should be getting some equity for that.
It would also be nice if he had a Will that included taking care of you and the kids you have in common.
You need to have the house put in both of your names as Joint Tenants. Otherwise, you have no interest in the house at all when he dies or if you split up. If you are helping to pay the mortgage, you should be getting some equity for that.
It would also be nice if he had a Will that included taking care of you and the kids you have in common.
Q: Can my kids be taken if I allow a homeless criminal (felon or with a bad background) to live on my property?
1 Answer
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Criminal Law, Family Law and Real Estate Law
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California
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Answered on Feb 17, 2019
Answered on Feb 17, 2019
Q: My stepdaughter filed for conservatorship on my husband, her father . He’s been diagnosed with dementia since December
Jeffrey Louis Gaffney's answer
You have the right to ask the judge that you be appointed the petitioner instead. You are probably the more natural choice for the job.
You could try this without an attorney, but as with any event in front of the court you are much better served to have your own experienced counsel. Call your local bar association referral service and tell them what you need.
A conservator can have different powers, depending on what the judge grants. It may include power over his real...
You have the right to ask the judge that you be appointed the petitioner instead. You are probably the more natural choice for the job.
You could try this without an attorney, but as with any event in front of the court you are much better served to have your own experienced counsel. Call your local bar association referral service and tell them what you need.
A conservator can have different powers, depending on what the judge grants. It may include power over his real...
Q: Its for a Pn 273.5(a) My wife and I wanted to know?
1 Answer
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Criminal Law, Family Law, Appeals / Appellate Law and Domestic Violence
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California
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Answered on Feb 13, 2019
Answered on Feb 13, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
MUCH MORE INFO NEEDED.
THE BEST PERSON TO ADDRESS THIS IS THE LAWYER WHO HANDLED THE UNDERLYING CASE.
S/HE WOULD HAVE TO MAKE A MOTION TO ADD TO CALENDAR AND THEN PLEAD YOUR CASE.
I ASSUME YOU USED A PUBLIC DEFENDER. IF THAT IS SO CONTACT THAT LAWYER.
SEE IF THE COURT WILL WAIVE THE CLASS AND EXPLAIN WHY YOU NEED THAT TO GET HOUSING.
YOU MAY HAVE TO GO TO A LOCAL LEGAL AID OFC
Q: What do I need to do if the other parent of my child has mental, anger & verbal abusive behaviors, with no evidence.
1 Answer
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in
Child Custody, Child Support and Family Law
for
California
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Should I file something to request more statements? Or wait till first family resolution conference? (details below)
Ali Shahrestani, Esq.'s answer
You may need to file a related discovery motion to compel further discovery. Have you reached out to opposing counsel to request more thorough replies? There are procedural rules that are related to filing such a motion. You may consider limited scope representation as an option that is more budget friendly if you're pro se due to financial reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such...
You may need to file a related discovery motion to compel further discovery. Have you reached out to opposing counsel to request more thorough replies? There are procedural rules that are related to filing such a motion. You may consider limited scope representation as an option that is more budget friendly if you're pro se due to financial reasons. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such...
Q: You My wife got married to this guy in the same county we did. How is this possible, and what can I do about it?
Ali Shahrestani, Esq.'s answer
If both marriages were legal marriages with marriage certificates filed with the County, you can report the crime of bigamy to the police. You can also consider filing for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
If both marriages were legal marriages with marriage certificates filed with the County, you can report the crime of bigamy to the police. You can also consider filing for divorce. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I...
Q: Can my mother's husband's adult kids take property that's in her name from her through POA?
1 Answer
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in
Estate Planning, Family Law, Elder Law and Probate
for
California
on
Answered on Feb 3, 2019
Answered on Feb 3, 2019
Richard Samuel Price's answer
A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
Q: supervised visits have been revoked due to cancellations. Can parent with physical custody alienate child. 50/50 legal
2 Answers
| Asked
in
Divorce, Family Law and Child Support
for
California
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
Ali Shahrestani, Esq.'s answer
If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
If a court order requires equal custody and the other parent is violating that order, you may have a basis to file a motion for contempt of court order and a motion to modify the custody as well. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website,...
Q: Does CCP SECTION 583.210-583.250 apply to service of Summons in Federal District Courts (Civil case) in California?
Ali Shahrestani, Esq.'s answer
For all local rules questions, consult the court's website: https://www.cacd.uscourts.gov/court-procedures/local-rules. It's best to file a proof of service immediately. Was there an issue with doing so?
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
For all local rules questions, consult the court's website: https://www.cacd.uscourts.gov/court-procedures/local-rules. It's best to file a proof of service immediately. Was there an issue with doing so?
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
Q: Is it possible to have my 10 year old divorce set aside if my ex threatened to kill me if i attended divorce trial?
Ali Shahrestani, Esq.'s answer
I see no way to appeal a 10 year old family law decision, but if there are current matters being litigated in family court you might want to hire an attorney via limited scope representation as that might be more affordable for you. Otherwise you may seek self help resources via the CA Courts website and your local law library. If he is filing frivolous motions in court or being unreasonable and vexatiously litigious, you might want to pursue filing motions for sanctions against him for such...
I see no way to appeal a 10 year old family law decision, but if there are current matters being litigated in family court you might want to hire an attorney via limited scope representation as that might be more affordable for you. Otherwise you may seek self help resources via the CA Courts website and your local law library. If he is filing frivolous motions in court or being unreasonable and vexatiously litigious, you might want to pursue filing motions for sanctions against him for such...
Q: State is asking for my wife to return inheritance
Ali Shahrestani, Esq.'s answer
Did she spend any of the money after she was notified of objections to the inheritance, including any court filed documents informing her that there was pending litigation re: the inheritance? If so, she might have violated court orders by spending the money. It really depends on the facts and related court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney who handles Probate Litigation. You...
Did she spend any of the money after she was notified of objections to the inheritance, including any court filed documents informing her that there was pending litigation re: the inheritance? If so, she might have violated court orders by spending the money. It really depends on the facts and related court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney who handles Probate Litigation. You...
Q: Is there a statue of limitations in calif. To report underage sex w/ a minor ? my son was 17, gf was 20
Ali Shahrestani, Esq.'s answer
You can report the alleged underage sex to the police, but the fact that 2 years has elapsed may make investigations more challenging for them. As for child support, he can file in court his reply re: any child support documents she has filed, and he can also request child custody and visitation via his own filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about...
You can report the alleged underage sex to the police, but the fact that 2 years has elapsed may make investigations more challenging for them. As for child support, he can file in court his reply re: any child support documents she has filed, and he can also request child custody and visitation via his own filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about...
Q: File for child support after 10years
Ali Shahrestani, Esq.'s answer
It's necessary to reply to the child support papers within the time limit, and if he wants more time with the child he can request child custody and visitation via filings along with his reply. Money he has paid in the past typically has no relevance to current and future child support payments. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
It's necessary to reply to the child support papers within the time limit, and if he wants more time with the child he can request child custody and visitation via filings along with his reply. Money he has paid in the past typically has no relevance to current and future child support payments. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...
Q: Mother who can't speak English was coerced to divorcing and waiving her right to prop division. Can this be challenged?
Ali Shahrestani, Esq.'s answer
She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of...
She might be able to rescind the document if she can prove that she doesn't read, write, or speak English, that it was written in English, that she didn't understand the document, and that she had no reasonable opportunity to consult with an attorney to review it and advise her. Who presented her with the document and what were the circumstances in which she was asked to sign it? Why did she did so? What did the documents state? More details are necessary to provide a professional analysis of...
Q: Can a custodial parent, living in Hawaii, request child support in the state of Hawaii if her children reside in Florida
Angelina Bradley's answer
If you’re saying the custodial parent is not actually on physical custody of the children, you may have grounds to request a modification of support. But that facts aren’t entirely clear here. You’ll want to consult with an attorney in the state that issued the support order.
Good luck.
If you’re saying the custodial parent is not actually on physical custody of the children, you may have grounds to request a modification of support. But that facts aren’t entirely clear here. You’ll want to consult with an attorney in the state that issued the support order.
Good luck.
Q: How do I transfer a bankruptcy case to family court? I am creditor, going through divorce.
Ronald Holland's answer
If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.
The Automatic Stay will stop most of the action in the family law court and the assets/liabilities will be dealt with by the bankruptcy court. issues related to children and/or support are not stayed and can continue in the family law court.
Hopefully you already have a...
If assets were not yet divided by the family law court in a dissolution case, you may have a claim for some fo the value of the assets in the bankruptcy court, but that doesn't move the case to family law court.
The Automatic Stay will stop most of the action in the family law court and the assets/liabilities will be dealt with by the bankruptcy court. issues related to children and/or support are not stayed and can continue in the family law court.
Hopefully you already have a...
Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents
Andy Cook's answer
It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an agreement, the mediator, now more commonly referred to as a counselor, just lets the court know that no agreement was reached. But if the counselor is supposed to make a written recommendation, you would...
It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an agreement, the mediator, now more commonly referred to as a counselor, just lets the court know that no agreement was reached. But if the counselor is supposed to make a written recommendation, you would...
Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation
Andy Cook's answer
This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.
This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.
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