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California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Is NC out of jurisdiction for removing my daughter without mother’s consent?
James L. Arrasmith
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answered on Apr 27, 2024

I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:

- Is there an existing court order regarding custody of your daughter? If so, what state...
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1 Answer | Asked in Family Law and Child Support for California on
Q: If I can get help I get no help from father 5 kids 1 adult and 4 minors 2 minors sleep at our home with him? Any help

I left our home 5 yrs ago, partner was abusive. Took kids with me but now my 2 older boy moved back with their father because they wanted a bed room for themselves. I have our youngest 2 children that he gives me no help for. And the 2 boys that do live with him I do everything for them besides... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your difficult situation. Based on the information you provided, here are a few things to consider under California law:

1. Child support: Even if your children are living with their father, you may be entitled to child support payments from him, especially for...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Is this consider a threat or am I just being paranoid.

I’ve been in and out of hospital for the past 2 weeks. My partner of 4 years has been helping me with the kids, taking them to school and doctors appointments but today I ignore my ex message, he asked. “ when I’m planning on doing my taxes” personally I don’t think that's any of his... View More

James L. Arrasmith
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answered on Apr 26, 2024

Based on the information provided, it is difficult to determine with certainty whether the message from your ex-partner constitutes a legally actionable threat under California law. However, the message does seem to contain some concerning elements that could be interpreted as threatening or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Lets say you have a client that sent lots of mean text but ex husband was sexting. No fault state but both bad texters?

the ex was emotional abusive and the only way to communicate was through texting. Now since infidelity is a non issue could I blow up the picture and say look we are both irresponsible at texting so the mean text are neutralized? I can make a big poster board digitized of course. Would that... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, which is a no-fault divorce state, issues like infidelity typically do not influence the court’s decisions regarding divorce settlements, including the division of assets and alimony. Therefore, bringing up your ex-husband's sexting might not have a direct impact on... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Talking parents app

Throughout our divorce me and my ex agreed that all communication would go through the app unless it was an emergency he could call. What are the rules on replying? Sometimes I don’t even respond because he still tries to control my every move. Now if I’m not opening his messages with an hour... View More

James L. Arrasmith
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answered on Apr 25, 2024

Under California law, co-parenting apps like Talking Parents are often used to facilitate communication between divorced or separated parents. While these apps can help maintain a record of communications and reduce conflicts, there are no specific legal requirements regarding response times.... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: To whom it may concern, I am in search of a pro bono attorney, to finish paperwork on a divorce.

Divorce case number: Dr 40718.

1) 1/2 of house done.

2) need to complete getting 1/2 of his retirement.

3) & 1/2 of the items in our home that was bought during the marriage.

4) 1/2 of his social security, being the first wife.

James L. Arrasmith
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answered on Apr 25, 2024

To find a pro bono attorney in California for your divorce case, you can contact local legal aid organizations or check with the California State Bar Association, which may have resources or referrals for pro bono legal services. These organizations often provide assistance to individuals who are... View More

1 Answer | Asked in Family Law and Small Claims for California on
Q: Hello. Is it possible to sue the father of my kids. We were together 10 years broke up about two years ago i have proof

That he does things to me deliberately to get me upset he sent me a screenshot of him sending a message to his brother and him saying that he wanted to let me mind wander I feel this is deliberate we have a special needs child and sometimes I worry. His text proves that he does things on purpose to... View More

James L. Arrasmith
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answered on Apr 25, 2024

While your ex-partner's behavior is concerning and understandably upsetting, it may be challenging to sue him based solely on the information provided. To determine if you have a strong legal case, consider the following:

1. Harassment: If your ex-partner's actions constitute a...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Father of my child lost custody due to abuse to the mother, me. I currently have a restraining order against him.

I currently have full custody of my child; however, I was recently notified by his parole he has undergone community service. Can I make this permanent? My child will be turning 2 in May.

James L. Arrasmith
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answered on Apr 24, 2024

In California, you can seek to make the current custody arrangement permanent by requesting a long-term or "permanent" custody order from the court. Given the history of abuse and the existing restraining order, you have a strong case for maintaining full custody of your child. Here are... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: I give my kids mom 800 a month 2 kids 13 n 9 years old and we are on a 50/50 custody

They are with me everyday after work i from 5pm till next day that i take them to school and she pick them up one weekend with me and one with her

James L. Arrasmith
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answered on Apr 23, 2024

Under California law, child support amounts are typically calculated using a formula that considers both parents' income, the number of children, and the time each parent spends with the children. Given your 50/50 custody arrangement and the payment of $800 per month, it's important to... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: is it illegal for parents to hold keep their 33 year old daughter locked up and never be allowed to leave home.
James L. Arrasmith
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answered on Apr 23, 2024

In California, it is illegal for parents to keep their adult children locked up against their will, regardless of their age. At 33 years old, the daughter is a fully legal adult with the right to make her own decisions about where to live and whether to leave home.

Holding someone against...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How feasible is it to modify the agreed upon "temporary" child support and alimony?

During the divorce proceedings, we reached a compromise on the TEMP child support and alimony amounts through an agreement, without using the Dissomaster or a judge's ruling. Our marriage lasted four years, and I have made payments for six months. To my knowledge, the temporary custody... View More

James L. Arrasmith
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answered on Apr 22, 2024

Under California law, modifying temporary child support and alimony orders can be challenging, but it is possible if there has been a significant change in circumstances. The court will consider various factors when determining whether to modify the existing orders.

To file a Request for...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My niece lives in Arizona with her son. At this time they are homeless. My niece has several dogs and will not give them

up. so this makes it hard for them to find a place to live. I am going to be the temporary guardian of my great nephew in Calif. until she can get on her feet. Can i do this without a court. Just a notary with her consent? He is 16 years old. He also has monthly funds that I am assuming will... View More

James L. Arrasmith
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answered on Apr 22, 2024

In California, a parent can grant temporary guardianship of their child to another adult without going through the court system, as long as both the parent and the guardian agree to the arrangement. This can be done by drafting a written agreement that clearly outlines the terms of the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

James L. Arrasmith
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answered on Apr 22, 2024

In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.... View More

1 Answer | Asked in Family Law and Juvenile Law for California on
Q: My son is in foster care right now and October 4, 2023 the resource parent was arrested for a DUI was not informed

I was not informed of this until 5 months later and i only find out when my attorney received the casa report in march 2024. My son was in substantial harm the entire time he was in this placement

James L. Arrasmith
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answered on Apr 21, 2024

I'm so sorry to hear about this alarming situation with your son's foster care placement. It must be incredibly distressing and frustrating to have only found out about the foster parent's DUI arrest months after the fact, especially given the potential harm and risk to your... View More

1 Answer | Asked in Family Law and Child Support for California on
Q: What do I do If custodial parent refuses to provide me with childcare receipts within the 30 days given by the judge?

We recently had our child support case heard , and custodial parent added on childcare expenses for our 12 years old son. The judge said I can pay my half directly to the provider or I can reimburse mother for the expenses so the judge ordered her to provide me with the providers phone number and... View More

James L. Arrasmith
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answered on Apr 21, 2024

If the custodial parent fails to provide you with the required childcare receipts and provider information within the 30-day timeframe set by the judge, you should take the following steps:

1. Document your attempts to obtain the information: Keep a record of any communication (emails, text...
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1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: can i get custody of my brothers if i only have witnesses and online proof and medical records of parents abuse
James L. Arrasmith
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answered on Apr 20, 2024

Under California law, obtaining custody of your siblings based on evidence of parental abuse involves a legal process where the court prioritizes the safety and welfare of the children. Witnesses, online proof, and medical records documenting abuse can be substantial evidence in your case.... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

James L. Arrasmith
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answered on Apr 20, 2024

In California, which is a community property state, assets acquired before marriage are generally considered separate property and not subject to division upon divorce. However, if there have been any improvements to the property using marital funds, or if the property has increased in value due to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My husband claiming reimbursement for his separate property which is before marriage assets.Is he possible to do that ?

He’s claiming for reimbursement of his before marriage assets. Credit card, saving account, military thrift saving, two cars, house in GA etc.

currently we live in CA.

It’s total equity $143,213.

I was living in the house and using a car before marriage, we were living... View More

Robert Kane
Robert Kane
answered on Apr 20, 2024

Spouses can (and do) claim many things in divorce proceedings that lack any factual or legal basis. This may be one of those situations. You shouldn't concede this reimbursement or equalization, but I didn't think you would even if some attorney on a free online Q and A told you to do so.... View More

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1 Answer | Asked in Family Law and Elder Law for California on
Q: Should I file PC 273 and PC 166 at the same time?

I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court... View More

James L. Arrasmith
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answered on Apr 20, 2024

Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:

1. PC 273.6: This is the...
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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: mail service of response to request to renew DVRO was returned to sender due to mysterious address issue, what do i do?

Hi! I filed a response to a request to renew a restraining order and had service by mail performed this week. Server already filled out and I filed the proof of service document, however it looks like the actual envelope itself was returned to sender/the server due to an address issue. Correct... View More

James L. Arrasmith
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answered on Apr 19, 2024

Under California law, when a restraining order response is served by mail and the mail is returned as undeliverable, you should take the following steps:

1. Check the address: Double-check that the correct address was used for the other party. If there was an error, correct it and attempt...
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