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California Family Law Questions & Answers
1 Answer | Asked in Contracts, Family Law, Tax Law and Business Law for California on
Q: Is consulting with an attorney a privileged communication

I am a pro se. The opposing council is demanding discovery of my communications with attorneys I consult with. I declined to provide information other than a privilege log. He's now threatening to move for request to compel discovery. Can he do that?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, communications between a client and an attorney are generally considered privileged and confidential, even if you are representing yourself (pro se). This privilege means that you are not required to disclose the content of your communications with attorneys you have... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can cps let a step grandparents visit my son without asking my permission or telling me?...
James L. Arrasmith
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answered on Jun 14, 2024

Under California law, Child Protective Services (CPS) typically must inform and seek the permission of the child's legal guardians or parents before allowing visits from step-grandparents or any other relatives. However, the specific circumstances of your case may affect this requirement,... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: obtain a court order for my children’s case if I suspect the county might be dishonest given recent family tragedy

Could you please advise me on the following:

1. What specific steps should I take to ensure that I can obtain a complete and accurate copy of the court order from the county?

2. Are there any legal mechanisms or protections available to me that can prevent or address potential... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, to obtain a complete and accurate copy of the court order, start by contacting the court clerk’s office in the county where your case is filed. Request a certified copy of the court order in writing, providing all necessary case details such as the case number, parties... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for California on
Q: My sister and I disagree on the interpretation of the will I say my father says one thing and she says no he says anothe

The wheel stays if I can test it I get nothing I'm not contesting the will I'm just trying to make her give me what I believe the will says

James L. Arrasmith
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answered on Jun 14, 2024

I understand that you and your sister have different interpretations of your father's will, which is causing a disagreement. Dealing with a loved one's estate can be emotionally challenging, and it's not uncommon for family members to have conflicting views on how to interpret the... View More

2 Answers | Asked in Child Support and Family Law for California on
Q: Is child care part of child support? Or is it considered an add on?

Ex feels he gives me more than he should. My son lives with me and his father picks him up for 3 weekends out of the month. He gives me $800 a month. Helps pay private school which we go half on. Has him under his health plan which I’m sure he pays about $360 a year for. He’s union. Our son is... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, child support typically includes basic living expenses for the child, such as food, clothing, and housing. However, child care costs, especially those necessary for the custodial parent to work, are considered an "add-on" expense. These add-on expenses are usually... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain... View More

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1 Answer | Asked in Criminal Law and Family Law for California on
Q: My fiances sister dated the suspect? What are the chances of him being released with a previous strike, out on bail

for first offense arrested with possesion of a firearm as a felon

001PC422(a)-F Criminal Threats

Offense Date: 7/22/2022

002PC273.5(a)-F Injuring a Spouse, Cohabitant, Fiance's, Boyfriend, Girlfriend or Child's Parent

Offense Date: 7/22/2022... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the details provided, it seems unlikely that the suspect would be released on bail given their criminal history and the severity of the current charges. Here are a few key factors:

1. Previous strike: The suspect has a prior conviction for a serious or violent felony (PC1170.12),...
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1 Answer | Asked in Family Law for California on
Q: My wife had me served with separation papers here in California both our names are on the mortgage does she still half

Of the mortgage? She told me that she will not be paying it next month.

James L. Arrasmith
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answered on Jun 13, 2024

In California, both spouses are typically responsible for the mortgage payments on a marital home, even if only one spouse is living in the property during the separation. This is because California is a community property state, which means that assets and debts acquired during the marriage are... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: If I don’t show up for my court ordered parenting pick up what will happen?

Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More

James L. Arrasmith
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answered on Jun 13, 2024

Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:

1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: The petitioner wants to close a custody case that hasn't been decided due to stress does that stop child support?
James L. Arrasmith
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answered on Jun 13, 2024

Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.

Here are a few key points to consider:

1. Child support is a...
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1 Answer | Asked in Family Law for California on
Q: Father not listed on birth certificate, does he have any custody/visitation right?

He is court ordered to pay child support, child paternity not confirmed through court, child is turning 2 soon.

James L. Arrasmith
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answered on Jun 13, 2024

Under California law, if a father is not listed on the birth certificate and paternity has not been legally established, he does not have automatic custody or visitation rights. However, he can take steps to establish paternity and seek custody or visitation:

1. Voluntary Declaration of...
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1 Answer | Asked in Family Law for California on
Q: Can anyone tell me what steps I take next to add my sons father to his birth certificate?

Approx 10 years ago My ex who was NOT the father of my son asked court to set aside declaration of paternity. Now the Biological father of my son did sign a declaration of paternity soon after. He pays child support and is very present. However, We never added his name physically to birth cert .... View More

James L. Arrasmith
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answered on Jun 13, 2024

Here are the steps to add your son's biological father to his California birth certificate:

1. Obtain a copy of the court order that set aside the previous declaration of paternity. This document is crucial for the process.

2. Download and complete the "Adjudication of...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: I have a child custody. I have no lawyer, my ex does, I normally got my kids ( 2 girls - boy. Ages are 13, 14 and 9)

I was asked to go to a emergency court date, So I went and I had no say. I got supervised visits, had to do counciling. I haven't had a day to pick them up,

It's been over 1 1/2 -2 years without my kids.

Cps never came to the house to see how the kids live when I have... View More

James L. Arrasmith
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answered on Jun 12, 2024

I understand that you are in a difficult situation and want to regain custody of your children. Here are some steps you can take:

1. Legal aid: Look for free or low-cost legal services in your area. Some organizations offer pro bono work for individuals who cannot afford a lawyer. Contact...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my childs mother move out of the county of san diego without my permission/ court approval if you have joint custody
James L. Arrasmith
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answered on Jun 12, 2024

Under California law, if parents have joint legal and physical custody, neither parent can move with the children out of the county without the other parent's permission or a court order. This is known as a "move-away" case.

If the parents cannot agree on the move, the parent...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Hello, and thank you for your time. What is the law on paying the mortgage on community property once I've moved out?

Do I risk losing part of the sale price or all claim to the house if I don't pay 1/2? I really can't afford to since now I'm paying rent (which is more than the mortgage).

Thank you.

James L. Arrasmith
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answered on Jun 12, 2024

In California, both spouses are equally responsible for community debts, including mortgages on community property, even after separation. However, the specific circumstances of your case may affect your obligations and rights. Here are some general points to consider:

1. Duty to pay: If...
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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: If my spouse didn’t respond after being served can I continue the process

What my next step if my spouse hasn’t responded to the divorce paperwork

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 12, 2024

If it's been more than 30 days since spouse was served and he/she has not served or filed their response to the Petition, you can proceed with a Request to Enter Default. Once default has been entered you can proceed to the next step (financial disclosures), then to judgment (unless trial is... View More

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2 Answers | Asked in Child Support, Divorce and Family Law for California on
Q: If my spouse didn’t respond after being served can I continue the process

What my next step if my spouse hasn’t responded to the divorce paperwork

James L. Arrasmith
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answered on Jun 12, 2024

If your spouse has not responded to the divorce petition after being properly served, you can proceed with a default divorce in California. Here are the steps you should follow:

1. Wait for the response period to end: In California, your spouse has 30 days to respond after being served if...
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1 Answer | Asked in Family Law for California on
Q: How can I obtain a passport for my son ? If his NON biological father is still physically on birth certificate ?

15 yrs ago My ex took dna text to find out he was NOT the father of my son. He asked the court to remove him from the birth certificate and the courts agreed. Next the actual Biologivsl father took dna test and signed declaration. We went threw court and he still is very present ! problem is We... View More

James L. Arrasmith
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answered on Jun 11, 2024

In a situation like this where there is an error on the birth certificate, you will need to get the birth certificate amended before applying for your son's passport. Here are the steps you can take:

1. Contact the vital records office in the state where your son was born and request...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Could a family law case be over turn if my due process rights were violated? I hope I'm wording it correctly.

My sister filed for guardianship of my kids during the court process we were both to be questioned by a mediation. It being my first time at that court I had no idea where to go by the time someone pointed me in somewhat of the direction to her office I was 10 mins late. I explained to the judge... View More

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answered on Jun 11, 2024

In California, due process rights are an essential part of the legal system, including in family law cases. If your due process rights were violated, there may be grounds for challenging the court's decision.

Based on your description, it seems that you were not given a fair...
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