Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Parenting time

My ex wants our son every weekend but refuses to have a set schedule of when he will pick up or drop off. His schedule is all over the place. I’ve asked him multiple times that I need a set schedule and even reached out to his lawyer with no luck. I’m PROPER and don’t know what to do. Any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear you're struggling with this challenging co-parenting situation. Here are a few suggestions based on the information you provided:

1. Document your attempts to establish a consistent schedule. Keep records of your communications with your ex and their lawyer...
View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: My ex-husband has custody of our children. I recently purchased our daughter a phone. He took it away. Biological

I am the biological mother. I have visits but he does not follow the order. He sends our children when he is ready. Never when I want to take them to church with my parents. Her Grandparents

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about the difficulties you're facing with your ex-husband regarding custody and visitation of your children. Child custody issues can be complex and emotionally challenging. Here's some general information based on California law, but please note that I'm not a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Is joint legal and physical a big ask for the father?

Petitioned for custody in March of 2023

Could not locate respondent so asked judge for service by posting April of 2024

Service by posting currently in place (waiting on posting period to be over)

Would like joint custody (mother as custodial parent)

Mother claims to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: How do you enforce a verbal / signed custody agreement with both parents - if you never added it to the divorce ?

both parents verbally agreed to a custody agreement, signed a contract that was never notarized.

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 30, 2024

Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it... View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: How do you enforce a verbal / signed custody agreement with both parents - if you never added it to the divorce ?

both parents verbally agreed to a custody agreement, signed a contract that was never notarized.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:

1....
View More

View More Answers

1 Answer | Asked in Criminal Law, Family Law and Civil Rights for California on
Q: Sister is trying to sue me for hiring people to stalk her and for slander and harassment. False claims .what should I do

I have not harassed or stalked anybody . She has sent several emails accusing me of all sorts of things and I have not answered to any . She has recorded me without my knowledge while I was visiting my mom . She has me on video telling my mom that my friend saw my sister at the casino while she was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Based on the information you've provided, it sounds like your sister is making false accusations against you. Here are some steps you can take to protect yourself:

1. Document everything: Keep records of all emails, texts, and any other communication from your sister that contain these...
View More

1 Answer | Asked in Family Law and Landlord - Tenant for California on
Q: Adult child living at home and want her out what to do, very disrespectful and has anger issues , verbally abusive, drug

I’ve had enough of this what do I have to do to remove my kid from my house, disrespectful, drug use, different people in and out of my house all hours after being told the rules, don’t work, don’t do anything to help verbally abusive, anger issues, breaks stuff, I have grand kids that come... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

I understand that you are in a very difficult and stressful situation with your adult daughter living in your home. Her behavior sounds extremely disruptectful and unsafe, especially with your grandchildren present and your wife's health issues. You have every right to want her out of your... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for California on
Q: Does my spouse have legal basis to sue me for money even when they have signed an affidavit of support for me?

My spouse is threatening to file a lawsuit against me for all the expenses they covered to get my green card because I now want to separate from them. I've only had a part-time job ever since being in the US so I have been dependent on them financially. Can they actually sue me to pay all the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

In the United States, when a U.S. citizen or permanent resident sponsors their foreign spouse for a green card, they are required to sign an Affidavit of Support (Form I-864). This document is a legally enforceable contract between the sponsor and the U.S. government, in which the sponsor agrees to... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Do I file divorce under maiden or married name if I changed it on the marriage cert but never changed DL or SS?

When I got married I requested my last name be changed to my husband’s but I never changed it through the DMV or Social security. Do I file with my name that matches my DL or the name on the marriage certificate

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

In California, when filing for a divorce, it's important to use the name that is legally recognized. If your marriage certificate shows that you adopted your husband's last name, but you have not updated this change with the Department of Motor Vehicles (DMV) or Social Security... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: What is my first step for child custody mediation to receive visitation for my child?

The child mother and I will not be able to come to an agreement for visitation.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

In California, your initial step in navigating child custody mediation when you anticipate a disagreement over visitation is to file a request for a custody and visitation order. You can start this process by completing and submitting the required forms, which include the Request for Order form and... View More

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can my husband block me from going to my house in Oregon while he shaking up in CA with a woman across town?

My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

It sounds like you're in a very difficult situation, and it's important to address your concerns about access to your property in Oregon. Under California law, if the Oregon property is jointly owned by you and your husband, he generally does not have the right to exclude you from the... View More

View More Answers

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: Can my husband block me from going to my house in Oregon while he shaking up in CA with a woman across town?

My husband witll go to Oregon so I wont go there. He has to ex cons watching the property and had one of them put a stalking order on me. He put one as well to keep me from my house All my property is there my parents ashes and my animals. Meanwhile as I suspected he is shaking up across town in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

I'm so sorry to hear about the difficult situation you're in with your husband. It sounds very stressful and upsetting, especially being blocked from accessing your own home and property in Oregon.

To answer your main question - in most cases, if the house in Oregon is marital...
View More

View More Answers

1 Answer | Asked in Immigration Law, Divorce and Family Law for California on
Q: What happens if I am sued but I give up my green card and leave the US?

I am a gc holder about to separate from my US citizen spouse and go back to my home country. However, they are threatening to file a lawsuit against me (unsure on what grounds as I have not committed any crime but I am scared on what story they can twist against me). We have not yet filed for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024

I'm sorry you're going through such a difficult situation. Here are a few key things to keep in mind:

1. Giving up your green card and leaving the U.S. does not automatically shield you from liability in a civil lawsuit. If a case is filed against you in U.S. court, it can still...
View More

1 Answer | Asked in Child Support and Family Law for California on
Q: where can i find access to the guidelines / policy regarding child support

i want our child to get braces dental insurance only pays for medical necessity… i can’t afford even on payment plan he says he can’t afford either but i don’t believe him what can i do

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024

In California, child support guidelines and policies can be found through the California Department of Child Support Services (DCSS). Their website, https://www.childsupport.ca.gov/, provides a wealth of information, including a guideline calculator, forms, and resources for parents.... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: my daughters residence is CA and is now in NC because of a custody order that was filed there, what steps do I take.

My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024

In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Would my daughter have been able to be removed fro her home state if a child custody order was filed in another state?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024

In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:

1....
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.