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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: In California, what will happen to a 17 year old run away? How can they escape an abusive household with no CPS.

If one is attempting to escape and emotionally abusive and manipulative household with parents who refuse to admit they are abusive, what would happen if they are 17? These parents are great liars and it seems the family is perfect from the outside but all 3 children have depression, anxiety and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry to hear about your family situation. This is not how families should work things out. There is a process called the emancipation of a minor, found in the Cal. Family Code. There is a manual you can review located at: https://www.courts.ca.gov/documents/emancipation_manual.pdf It may... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Do I have to maintain a custody agreement if my kids are at risk of exposure for COVID?

My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 26, 2020

He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves... Read more »

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1 Answer | Asked in Family Law for California on
Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... Read more »

Morgan L. Montoya
Morgan L. Montoya answered on Jun 25, 2020

Hello, I'm sorry you are having this issue. It is heartbreaking when you feel a lack of control over when you can see your child. The California courts are taking the pandemic very seriously. However, generally speaking, the courts are not viewing Covid-19 as a reason to pause visitation... Read more »

1 Answer | Asked in Criminal Law, Family Law and Small Claims for California on
Q: In CA, do I report this as stolen property with the police, it can only be resolved in small claims court, or.. both?

While I was out of town, my ipad pro (worth 1k) was stolen. Because my 13 yr old son uses it almost exclusively, his father decided to help by paying the monthly service via Verizon.

Father is refusing to file the lost claim with Verizon because he does not approve of how I parent (we are... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

I am confused by your facts. Did you buy the Ipad? Did the Ipad come with the Verizon subscripton? Do you think the father has the Ipad? (you said he is holding it hostage)

If you bought the Ipad, then it is your property, and you can file a police report. (which does you little good...
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1 Answer | Asked in Family Law for California on
Q: I was scheduled to appear in 2 different courts same day same time

I haven't been feeling well so i called both courts a day before. They both told me not to appear but to call the next morning. I did and one judge granted me a continuance and the other said too bad you didnt show up so we made judgement without you. I dont see how this is fair at all.

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

Sorry to hear you had this problem. Scheduling is a problem now and many courts are using Court Call- a service that allows you to appear on certain matters by phone, but not if your testimony is going to be taken. You might want to file a "Motion for reconsideration." with your... Read more »

2 Answers | Asked in Family Law for California on
Q: My sons father is threatening me saying that if our son happens to get COVID that he will take him from me for a long

Time and take legal action. Can he say that to me? Is that allowed

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

Both father and mother must take good care of the child, including the health of the child. However children get sick all the time for different reasons. They get colds, they get the flu, they fall and skin their knees. Does that mean the parent is a bad parent? No. So just because your son... Read more »

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3 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can I pick up my daughter?

My parents claimed to have filed a DV report against me for my daughter but I haven’t got anything It’s been 2 months they refuse to let me see the papers or anything , and they’re refusing to let me pick her up, I have full custody. They have threatened to call the cops. Can I still pick... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

You can NOT pick her up IF the court order says you can't, but the problem is you don't know until you read it. So to read it, you need to see a copy. Ask your parents to send you an email with the order attached. Ask them for the name and phone of their lawyer and call the attorney... Read more »

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1 Answer | Asked in Family Law for California on
Q: My parents claim to have filed a domestic violence report against me for my 2 year old daughter

I haven’t received paperwork from court or anything , they refuse to let me pick her up

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

Ask your parents for a copy of the papers. You are required to be served with the papers before the court order is effective. If they continue to refuse, ask them for the name of their attorney and phone. Call the attorney and go get a copy. If they don't have an attorney, or even if they... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?

Mike Darlington
Mike Darlington answered on Jun 22, 2020

That's really a question for an attorney in Idaho. However, you should contact a California attorney before you move to make sure you are doing so legally.

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3 Answers | Asked in Family Law and Immigration Law for California on
Q: I am interested in receiving information of marriage annulment for possible Immigration Marriage Fraud.

I am looking for a pro bono attorney or reduced fee attorney services.

Chris M. Bradford
Chris M. Bradford answered on Jun 22, 2020

Here is an intoduction to annulment: Click on this link:

https://www.courts.ca.gov/1244.htm?rdeLocaleAttr=en

Yes, immigration marriage fraud is one of the grounds for annulment.

When you ask a question online, like here, the answers you get are only going to be basic...
Read more »

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2 Answers | Asked in Family Law for California on
Q: Is there a way to make my children mom allow me to see my children without going to court
Mike Darlington
Mike Darlington answered on Jun 21, 2020

No. If she is refusing you time with the children you will have to get a court order for specific periods of time with the children.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I apply for a passport if joint legal says ‘ all other matters parents can act alone’

We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services

Chris M. Bradford
Chris M. Bradford answered on Jun 20, 2020

Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: What can i do legally about my husband not returning our children to me after a visit?

I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 18, 2020

The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of... Read more »

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1 Answer | Asked in Family Law and Adoption for California on
Q: What is involved in court ordered reunificatiin
Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

This is what the California Court system has to say about reunification in Juvenile Dependency Court:

You can find this at this link:

https://www.courts.ca.gov/1205.htm?rdeLocaleAttr=en

Scroll down the page.

"With certain exceptions, the court must offer you...
Read more »

1 Answer | Asked in Family Law for California on
Q: What exactly is the ptoocol of reunification process in family law?
Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

You are asking: "What is the protocol?" The word protocol means: "The official procedure or system of rules governing affairs of state or diplomatic occasions." So basically you want to know: "What are the rules?"

Try this link:...
Read more »

1 Answer | Asked in Family Law for California on
Q: When CPS. Has child in there care what exactly is the whole re unification process
Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

Child Protective Services will do an investigation and either return the child to the parent or send the case to the Juvenile Court. In the Juvenile Court each parent and the child get his or her own attorney. Usually there are several hearings. Often the judge will order one or both parents to... Read more »

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... Read more »

Juanita Guillen
Juanita Guillen answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What will most likely happen with him?

I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... Read more »

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