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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Elder Law, Health Care Law and Juvenile Law for California on
Q: I just went to a IEP for 13 old developmentally delayed told to find out on conservitership. Need help & answers.

Do I need to do conservitership, at what time and for what reason since we are her natural parents?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 18, 2019

You do not need a conservatorship until the child turns 18. The conservatorship then will allow you to still continue to make all of their decisions for them as you care for them. The process takes 3 or 4 months so start early. Many places can provide you with help at that time; here in San... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Ex ordered to pay half our son’s unreimbursed medical expenses. He took off; no idea whereabouts. Next step?

He pays monthly child support; deducted from paycheck. I found him on Facebook and sent him copy of son’s hospital bill; been 35 days and zero response. Is he in Contempt of Court? What are my next steps? Thank you!

Johnathan Tracy Ball Esq.
Johnathan Tracy Ball Esq. answered on Sep 14, 2019

If the insurance is State funded, you can contact the Attorney General to enforce the Court Order. Otherwise, you need to hire a lawyer to file a Motion to Enforce the Child Support Order. He can be served out of State with the Motion to Enforce. Eventually, the Court could hold him in contempt.... Read more »

1 Answer | Asked in Family Law for California on
Q: Did California change the law about suspended a person's license for non payment of child support?

They aren't allowed to suspend a license anymore correct?

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Sep 13, 2019

NO. Did not California change the law about suspended a person's license for non payment of child support but proposed to change by people .

1 Answer | Asked in Family Law for California on
Q: What can I do if my ex husband got custody of children while i was incarcerated and took both children to Alaska.

He won't let me speak to them and he monitors conversations between my parents and the children. He had them enrolled in school and everything. I had no idea until a few days before he took them and he never had my consent or even spoke a word of it to me, even after several attempts on my part to... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 10, 2019

You can file a request for orders modifying the order.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: what would be the first step to get a family case recalled and dissmissed

A case was started on my 4 month old and orders were granted over 24 hrs on false info and withholding information the mother didnt have no chance to show are give evidence and a chance to speak and the judge made orders with out verify that my child is on two open cases through the family courts... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 9, 2019

Probably an Ex Parte Request for Orders Modifying the Custody Order and in the alternative an order shortening time to hear your request on shortened notice.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for California on
Q: What paperwork do I need to serve a deputy with a subpeona to appear in court?

I know how to just haven’t been able to find someone that can tell me exactly what paperwork I need.....also I have contacted the officer and I know how much it’s gonna cost

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Sep 9, 2019

If you're involved in a legal proceeding, you may need to subpoena documents to support your case. The first step is to hire an attorney to help you navigate the laws in your state and county. A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document... Read more »

2 Answers | Asked in Family Law for California on
Q: In california family law, what are the appropriate forms to use to submit a multiple page declaration? Mc030 and mc031?

This will be for a review of temporary orders and dvro hearing combined into one.

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Sep 9, 2019

When you say, "long response" - how long do you mean? The forms you mention are not mandatory, you are allowed to use pleading paper, but I would caution you to be concise. Most judges will not read anything over 5 pages. While your local rules may allow for a longer declaration, you want to keep... Read more »

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1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for California on
Q: I want to know if i go get my kids from my x sister iñ law she has temporary custody of them. Due 2 the fact they were

Removed from him. His house was raided 4 drugs & drugs were found with both my girls being there my 15 yr old & my 12 yr old who has down sydrome. The NTF notified cps they came did a emergency removal never notified me about it. My girls were taken 2 get druged tested cps didnt all9w me 2 go... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 3, 2019

Often CPS and the courts ask the parents to do things like drug test and attend classes to make sure the parent is committed to ensuring the children's safety and well being. Often success requires cooperating with CPS and showing them that you are all about the kids.

1 Answer | Asked in Family Law for California on
Q: Move Away Order

My wife and I have been married for a year I currently reside in Sacramento California and she lives down in Los Angeles she has a 3 year old son. Her and the kids father have a joint custody agreement where the mother has the son the majority of the time.

We have attempted to come to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 17, 2019

What's your question? If Mom and the other parent cannot reach an agreement, then mom needs to apply to the court for a move-away order.

1 Answer | Asked in Divorce and Family Law for California on
Q: Enforce alimony, get attorney, attend court. How do that since I moved to other side of state (Calif)?

My ex (employed executive) paid alimony for some years then stopped. So, had enforced through court, yet he's still not paying. Due to this, I'm seeking to (again) enforce spousal support agreement. Kids all adults, so no child support applies.

Was married and divorced in same county in... Read more »

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Aug 13, 2019

When your former spouse is not paying alimony, returning to divorce or family court should be your first action. Seek the help of an experienced divorce or family law attorney to represent you. Show the court evidence that your former spouse has not made payments, has not made full payments, or has... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Information on property and child support.Been married for over 10yrs.

Spouse had kids w someone else while still being married.

Sanjoy Kumar Guha
Sanjoy Kumar Guha answered on Aug 11, 2019

California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.

All parents...
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1 Answer | Asked in Family Law, Business Law and Identity Theft for California on
Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?
William Jaksa
William Jaksa answered on Aug 9, 2019

There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with... Read more »

1 Answer | Asked in Family Law for California on
Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?
Andy Cook
Andy Cook answered on Jul 30, 2019

No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from the... Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on
Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene
Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case ask them... Read more »

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1 Answer | Asked in Family Law and Elder Law for California on
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 »

James Edward Berge
James Edward Berge answered on Jul 22, 2019

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.

1 Answer | Asked in Banking, Estate Planning, Family Law and Probate for California on
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 »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

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.

1 Answer | Asked in Family Law for California on
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?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 7, 2019

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 »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on
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.

Dale S. Gribow
Dale S. Gribow answered on Jul 4, 2019

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.

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on
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 »

Kevin L Dixler
Kevin L Dixler answered on Jul 4, 2019

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 »

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for California on
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 »

Dale S. Gribow
Dale S. Gribow answered on Jun 28, 2019

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 »

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