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California Family Law Questions & Answers
1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Federal Crimes for California on
Q: A student just threatened to break my nose several times. What are my rights? Should I leave and go to HR or the police?

I am a 1-1 instructional aide for a high school boy with an IEP. He has a history of violence and aggression. Recently, He is out of control and has threatened to physically harm me more than once. His parents are aware and apologetic. They would like him moved to another school that specializes... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

this is not a legal question but rather a practical one.

i would contact administration and or police for assistance.

1 Answer | Asked in Family Law and Child Custody for California on
Q: for 4 years now my son currently lives with his dad because of work schedule and was moving from different places

I am now married and bought a house and flexible work schedule as of February 2018,i am Afraid my sons dad will not let my son live with me, he thinks I abandoned him when I see him every other weekend and provide for him too

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 13, 2019

Don’t leave it up to the Dad to decide whether you can see your child. File a request for order with the court and try to work something out with the Dad at the pre hearing mediation.

1 Answer | Asked in Family Law for California on
Q: I been served with interrogatories. I requested for production of documents do I still need to respond to the interroga
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

Yes you have to respond to the interrogatories. The request for the production of documents, yours or the other parties', has no effect on your obligation to respond to the existing interrogatories. They are independent, but complimentary discovery sets.

1 Answer | Asked in Family Law for California on
Q: Can I get a family law specialist to represent me for just one hearing at a low fee for November 15th.

My budget is less than $1k

Karen S. Socher
Karen S. Socher answered on Nov 4, 2019

You would call around to different family law attorneys in your area and ask them if they will do that. You are wanting to hire them on a "limited scope" (just for this one hearing) and you want to pay them a flat fee. Most charge by the hour but you may get lucky. If you want a certified famliy... Read more »

1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: what can i do if my estrange husband filed a DV against me falsely, with the courts
Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

IF THE POLICE CONTACT THE DA AND THE DA FILES THEN YOU HAVE TO GO TO COURT TO ADDRESS THIS ISSUE.

EITHER YOU HIRE A PRIVATE LAWYER OR A COURT APPOINTED LAWYER WILL ASSIST YOU.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Parent open car door in backseat of moving vehicle with children in backseat. How illegal is this?

I'm wondering if this is child endangerment and if I, as the 18 y/o sister of the children and step daughter of the parent, can press charges or what kinds of legal action I can take. There are other recurring problems in the household but this recent act, as well as other verbal insults and... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 14, 2019

MORE INFO NEEDED.

I DO NOT DO FAMILY LAW BUT THIS SOUNDS MORE LIKE A CRIMINAL MATTER.

CLEARLY BOTH AREAS OF LAW ADDRESS ISSUES LIKE THIS..........CHILD PROTECTIVE SERVICES MIGHT BE A START. HOWEVER, I WOULD TRY TO SET UP A FREE CONSULTATION WITH A LOCAL LAWYER SO THE S/HE CAN HEAR...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for California on
Q: Question as to my liability as named as successor trustee and named in springing durable power of attorney in 2008

In 2008, I was named in my parent’s estate planning docs mentioned above. In 2018, my parents had already had my sister caring for them. After a couple of years, she brought in other parties, all meth addicts, like her, to help her.My parent’s savings was depleted. APS was brought in and... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

No. You have no liability for events prior to you taking over.

1 Answer | Asked in Estate Planning and Family Law for California on
Q: Is it possible to obtain a conservatorship in california if you and the conservatee to be live outside the states?

It's impossible for the conservatee to go back to the states due to his physical and mental condition. How will that be handled by the court investigator?

I do have the conservatorship here in Europe, can I get this translated and approved to be valid in california?

My husband... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

In a word, no, because the California courts will not have jurisdiction over either the conservatee or the conservator. You will need to contact an attorney where the conservatee now resides. Good luck to you. This is a difficult situation.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I was a victim of a domestic violence case, how do I find out more about my case
Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2019

more info needed.

however, if police have been called you can check with the DA's office to check the status.

some offices have a victims coordination section or you can check with the filling deputy or the person who answers to check on the status.

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: 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.

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

If you are filing the declaration by itself then you can use MC030 for the first page and MC031 for each additional page. White out the "1 of 1" page number in the bottom right corners and put your own, for example "1 of 4" and then "2 of 4", and so on.

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 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 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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