Get free answers to your Family Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
Under California law, custody decisions are made based on the best interests of the children. Several factors are considered when determining custody arrangements:
1. The age and health of the children
2. The emotional ties between the children and each parent
3. The ability... View More 
we have been amrried 40 years and if we divorce i want he to be assured i won't cut her off financially
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
In California, when considering divorce after a long marriage such as yours, it's commendable that you're thinking about ensuring financial stability for your spouse. You can indeed prepare a letter expressing your intention to support her indefinitely, sharing income post-divorce. This... View More
Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More
If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
Under California law, the process of eviction is a legal one that requires the landlord to follow a series of steps before forcibly removing a tenant from their property. Initially, the landlord must provide the tenant with a notice of eviction, specifying the reason for eviction, such as... View More
One party already has an attorney yet I prefer mediation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
In Alameda County, California, the costs of divorce can vary widely depending on the complexity of the case, whether there are contested issues, and the choice of legal representation or mediation. Filing fees in California are generally consistent across counties, with the initial filing fee for a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
In California, even if your partner already has an attorney, mediation is still an option for you. Mediation can offer a more collaborative environment to resolve disputes and may lead to a more amicable settlement. It's designed to help both parties communicate their needs and reach an... View More
It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are... View More
They were just under a year old we missed their first Xmas and new years. Right before a big case hearing they told us “we got lucky”” nobody could find the results, not the police that drove my baby away, not the hospital that starved my other baby and fed him Adavan a drug not approved for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024
Under California law, Child Protective Services (CPS) has the authority to remove children from their homes if there is a reasonable suspicion of neglect or abuse, including exposure to drugs. However, they are required to follow due process, which includes providing evidence to support their... View More
I have full custody of my child and he went to court made up lies about me and got granted emergency custody of my daughter
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
Under California law, even if a father is not listed on the birth certificate, he can still seek custody rights through the court system. The process typically involves establishing paternity first, which can be done through a court order or by signing a voluntary declaration of paternity. Once... View More
If I didn't have all of the requirements complete of my unification plan that there would be no reason to even file it. Because it would get denied. She didn't include my sponsorship letter and my name meetings attendance sheets. So my jv180 is denied and my parental rights have been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
Under California law, when your JV-180 request to change a court order in juvenile dependency proceedings is denied, and your parental rights are subsequently terminated, it's essential to understand your next steps. The JV-180 form, or Request to Change Court Order, is a crucial document in... View More
Can we change his last name to mine given that his current last name is his moms maiden name and the bio Dad does not have any custody?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024
In California, changing your stepson's last name to yours is a process governed by legal procedures, even if his biological father is not present or does not have custody rights. The primary consideration is the best interest of the child, which includes ensuring the child's emotional and... View More
answered on Mar 27, 2024
Yes, you can file for divorce without your husband. You need to be properly prepared to proceed. You will need to prove you did everything you possibly could to find him. If the judge isn't convinced you did enough, you will need to start all over. Please have someone help you, preferably an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
In California, it is possible to file for divorce even if you cannot locate your spouse to serve them with the divorce papers. The law requires you to make a diligent effort to find your spouse. This includes looking in phone books, asking relatives and friends, checking with the post office for... View More
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
answered on Mar 27, 2024
Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.
Separated for 8 years, filed for divorce, financials will take time and petitioner would like bifurcation to move forward with current relationship. Can the respondent refuse or contest bifurcation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do... View More
Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More
A family member contacted CPS and filed a report alleging general neglect. The allegations are false, I have been cleared by CPS. Can I have a restraining order filed against the family member to keep them from having contact with my child?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024
Under California law, obtaining a restraining order against someone who has made false allegations to Child Protective Services (CPS) can be complex. Typically, restraining orders are issued in situations involving domestic violence, harassment, stalking, or threats. If the false allegations were... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
answered on Mar 26, 2024
If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).
Child support is... View More
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024
Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... 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.
