California Family Law Questions & Answers
Q: My ex was arrested for thr dv case involving myself I was subpoenaed and didnt go to court today so they dismissed
Dale S. Gribow's answer
more info needed.
i am surprised that they didn't pick you up or contact you ordering you to appear.
the facts that they didn't take any action is a good sign for you.
more info needed.
i am surprised that they didn't pick you up or contact you ordering you to appear.
the facts that they didn't take any action is a good sign for you.
Q: What form do I fill out to change my last name on all my court documents for my Family Law case in CA?
Nazanin Ghazi's answer
The option to change your last name and to go back to using your maiden name was given to you when the divorce proceeding had started. You might want to take a look at your final judgment documents to see if this was already ordered by the court. If it was, then there is nothing for you to do. If it wasn't ordered in the previous case, then you have to file a petition to do so and you can find the necessary information at https://www.courts.ca.gov/22489.htm
Good luck!
The option to change your last name and to go back to using your maiden name was given to you when the divorce proceeding had started. You might want to take a look at your final judgment documents to see if this was already ordered by the court. If it was, then there is nothing for you to do. If it wasn't ordered in the previous case, then you have to file a petition to do so and you can find the necessary information at https://www.courts.ca.gov/22489.htm
Good luck!
Q: Can I request a postponement, by one day on an ex parte order for a restraining order?
Andy Cook's answer
It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the...
It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the...
Q: I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.
1 Answer
| Asked
in
Family Law, Child Support and Social Security
for
California
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Andy Cook's answer
A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving, such as retirement, social security, etc.
A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving, such as retirement, social security, etc.
Q: If my friend gives me power of attorney or If I am appointed his payee ..I should be able to have co trole over his mone
1 Answer
| Asked
in
Estate Planning, Family Law and Probate
for
California
on
Answered on Apr 1, 2019
Answered on Apr 1, 2019
Jeffrey Louis Gaffney's answer
If your friend executes a Power of Attorney it will list specific authorities that he gives you over his property. He may have made a very limited one, or a very broad one. If he gave you a broad Power of Attorney then he gave you the authority to handle his taxes, buy and sell real estate, pay his bills and do his banking. Most Powers of Attorney have a laundry list of powers that can be given or withheld -- you will have to look and see what this particular Power of Attorney grants.
If your friend executes a Power of Attorney it will list specific authorities that he gives you over his property. He may have made a very limited one, or a very broad one. If he gave you a broad Power of Attorney then he gave you the authority to handle his taxes, buy and sell real estate, pay his bills and do his banking. Most Powers of Attorney have a laundry list of powers that can be given or withheld -- you will have to look and see what this particular Power of Attorney grants.
Q: What’s the best way to handle situation
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
California
on
Answered on Mar 31, 2019
Answered on Mar 31, 2019
Tobie Brina Waxman's answer
If you retain an attorney, the attorney can respond to the petition on your behalf.
If you retain an attorney, the attorney can respond to the petition on your behalf.
Q: My sons father never served me back w/ a response to me wanting full custody. What does that mean for me? What do I do?
Andy Cook's answer
The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.
It sounds like, however, that your hearing is for temporary custody orders only, pending final resolution of the case. If the father has not filed and served a response within the requisite 30 days, you can get a default judgment,...
The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.
It sounds like, however, that your hearing is for temporary custody orders only, pending final resolution of the case. If the father has not filed and served a response within the requisite 30 days, you can get a default judgment,...
Q: Wife's attorney is stonewalling requests for documents, though the judge asked us to reconcile -if not he will decide.
Tobie Brina Waxman's answer
Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.
Your remedy for failure to respond to discovery or failure to provide further responses after a meet and confer is to file a motion to compel, assuming you have missed the deadline to do so.
Q: In the case of child abuse...
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
California
on
Answered on Mar 30, 2019
Answered on Mar 30, 2019
Marc David Pelta's answer
The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the sort answer to your question. Often times CPS/HSA/social services cannot decide who caused the injury to the child.
More information is needed.
If you would like to consider hiring...
The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the sort answer to your question. Often times CPS/HSA/social services cannot decide who caused the injury to the child.
More information is needed.
If you would like to consider hiring...
Q: In the case of child abuse...
1 Answer
| Asked
in
Child Custody, Child Support, Domestic Violence and Family Law
for
California
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
Q: My name is SONYA and my husband DANTE WE ARE LOOKING FOR SOMEONE TO HELP US ON OUR CASE FOR OUR SON..
Andy Cook's answer
Give me a call at 619-515-9900. If no answer, leave a message with your phone number and when a good time to call back would be.
Give me a call at 619-515-9900. If no answer, leave a message with your phone number and when a good time to call back would be.
Q: How do I register an out of hospital birth in California for my 19 month old?
Richard Samuel Price's answer
You would file a petition to establish birth with the local probate court. After a court hearing, you should get an order establishing the birth. Then you must file the order with the Department of Health Services. You may have to get an attorney to draft it for you. Contact a local attorney to help you.
You would file a petition to establish birth with the local probate court. After a court hearing, you should get an order establishing the birth. Then you must file the order with the Department of Health Services. You may have to get an attorney to draft it for you. Contact a local attorney to help you.
Q: can i go to jail for not having the ability of paying for domestic violence class?
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
Q: Does grandparents have right in Cailfornia
Kymeshia Morris' answer
Grandparents have child custody and visitation rights in California.
California allows grandparents to petition the courts for visitation rights in some situations. If the child’s parents die, the grandparents can petition for visitation rights. Grandparents can also ask for visitation if there is a pending family law case where child custody is at issue. California also allows for grandparents to request visitation rights if the parents are not married or the parents are not...
Grandparents have child custody and visitation rights in California.
California allows grandparents to petition the courts for visitation rights in some situations. If the child’s parents die, the grandparents can petition for visitation rights. Grandparents can also ask for visitation if there is a pending family law case where child custody is at issue. California also allows for grandparents to request visitation rights if the parents are not married or the parents are not...
Q: My grandfather put his wife on the deed to his house. Both passed away and neither had a will.
1 Answer
| Asked
in
Real Estate Law, Estate Planning and Family Law
for
California
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Jeffrey Louis Gaffney's answer
It depends ...
Unless he adopted the step children, they have no rights to his property.
When you die without a Will, called dying intestate, the law steps in a divides your property based on what family you left and step children get nothing.
However, if your grandfather put his wife on the deed, then it can be assumed that was a gift to the community, making the house a community property asset (half belongs to each). If they held it as joint tenants, then the...
It depends ...
Unless he adopted the step children, they have no rights to his property.
When you die without a Will, called dying intestate, the law steps in a divides your property based on what family you left and step children get nothing.
However, if your grandfather put his wife on the deed, then it can be assumed that was a gift to the community, making the house a community property asset (half belongs to each). If they held it as joint tenants, then the...
Q: my soon to be ex is now engaged to a women who had her kid taken away by CPS. Can I say she can't be around my kid?
Christina Marie Shaffer's answer
You would need to see why CPS took her children away. Depending on the details, you might want to bring it to your Judge's attention
You would need to see why CPS took her children away. Depending on the details, you might want to bring it to your Judge's attention
Q: Non-custodial parent owes back pay in child support. Children are now living with non-custodial parent. Can I be-
Christina Marie Shaffer's answer
Child Support is based largely upon custodial timeshare and respective incomes. If the other parent has more custody, then child support would have to be calculated.
Child Support is based largely upon custodial timeshare and respective incomes. If the other parent has more custody, then child support would have to be calculated.
Q: This question is about Paternity.
Andy Cook's answer
For purposes of establishing Louisiana's right to make child custody and visitation orders, the general rule is six months leading up to the filing of paperwork to file a custody case in that state. At least that's how it's done in California. But there is no mention of the father and where he lives or what view he takes on a possible move.
For purposes of establishing Louisiana's right to make child custody and visitation orders, the general rule is six months leading up to the filing of paperwork to file a custody case in that state. At least that's how it's done in California. But there is no mention of the father and where he lives or what view he takes on a possible move.
Q: I have been married 40 years. In approximately 1986 my father-in-law passed and my mother-in-law put some stock in she
Tobie Brina Waxman's answer
This isn't really a community property issue. This property was a gift and title to the stock was held in joint tenancy. Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a joint tenancy can't sell the ownership interests of the other owners holding title in the property. More simply stated, legally, he cannot transfer the entire property to himself without your consent.
This isn't really a community property issue. This property was a gift and title to the stock was held in joint tenancy. Generally, owners in joint tenancies and tenancies in common can sell their interests in the properties they own with others. However, an owner in a tenancy in common or a joint tenancy can't sell the ownership interests of the other owners holding title in the property. More simply stated, legally, he cannot transfer the entire property to himself without your consent.
Q: At the end of lease can I sign without the co tenant i originally signed with?
1 Answer
| Asked
in
Landlord - Tenant, Family Law, Child Support and Domestic Violence
for
California
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case. It is really up to the Landlord if s/he will accept you as a responsible person to make the rent timely.
However, it is always a good idea to contact a local attorney for assistance if you are denied rental.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
Call a...
More info is needed to properly evaluate your case. It is really up to the Landlord if s/he will accept you as a responsible person to make the rent timely.
However, it is always a good idea to contact a local attorney for assistance if you are denied rental.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
Call a...
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