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California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Hello so my ex has kept my daughter from me she has recently served the wrong person which is my father and now has

Full custody . Because those paperwork’s were never served to me what can I do . She has kept my daughter from me lied saying I never reached out or bothered showing up on my pick up dates . What can I do to get my visitation back ?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Hire a family rights and child custody attorney to assist you. This cannot be solved on a public forum.

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1 Answer | Asked in Family Law for California on
Q: How/where to move to vacate a restraining order issued 2 years ago out of my knowledge when case is not active anymore?

I just learned of the existence of a restraining order issued against me by the family court 2 years ago. Needless to say it was obtained out of my knowledge and by fraud on the court. I intend to move asap to vacate and to seek sanctions against the fraudulent petitioner, but the case is not... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same... Read more »

1 Answer | Asked in Family Law for California on
Q: If the biological father of my daughter hasn’t been in her life at all and has only reached out once through email

.

Martha Bronson
Martha Bronson answered on Nov 29, 2020

A lot more information is needed to be able to adequately answer your question. I would recommend that you consult with an experienced attorney who can guide you in this most delicate situation. Best of Luck.

1 Answer | Asked in Divorce and Family Law for California on
Q: My estranged husband moved back just as i was moving away, and says i can't move now.

My daughter and I live in California, but can no longer afford it. I haven't been able to pay rent, and need a place to live now. My husband left over a year ago to New York, sending pennies for child support, telling me not to file for divorce so he could still get his citizenship. Now... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Found daughter birth certificate 23yrs later.I'm not on it.

Found daughter birth certificate 23 yrs later. I'm not on it. Separated from mother 23 yrs ago unsure she was mine. Why was I ordered to pay support

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Is anyone named as the father on the birth certificate? The fact that you are not named as the father on the birth certificate does not mean that you are not the biological father. I would suggest that you go to the county where the support order issued and have the court filed pulled and... Read more »

1 Answer | Asked in Family Law for California on
Q: can I email my reply declaration today then file it Monday. My mediation & trial conference Dec 7

Just yesterday I received opposite reply declaration can I email my reply first then file it on Monday as my custody trial conference is on Dec 7

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You should e-file or file in person, but not both.

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex-husband change his work . And he is not paying spousal support payments . How I can find out where he is working?

I am temporarily disable. And my spousal support for life terms .

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... Read more »

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3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: How can I get my daughter back?

I have joint custody and during COVID (my job and family were being exposed) we agreed it would be safe for our daughter to stay with her mom. Now that my job and family has been better, I wanted to go back to normal schedule but the mom does not want to give her back and said that she kept her... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2020

If a reasonable phone call and letter does not do the trick then you have to hire a lawyer to submit a contempt order, if you have previously been granted joint custody. best of luck.

1 Answer | Asked in Family Law for California on
Q: My sister in law started verbally abusing my wife and daughter.I stood up and defended them. Is that illegal?

The sister 9m law was cleaning our stove. She then turned around and verbally and started attacking my daughter and wife about the cleanliness of the house. She then proceeded to start calling them lazy xxx getting louder and louder. I had heard enough. I stood up and defended them. She kept going.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

So you got the local police to act as pest control and remove the shrew from your house, good, that is probably the best thing you could do. Even though you give someone permission to be at your house, you can revoke that permission and they become a trespasser, if you have good cause, and it... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: Had a DV Restraining Order against me for 3 years, it ended about a year ago. Now that it's over. Can I buy guns again?

During this time I had a domestic violence RO against me I knew I couldn't buy or have any guns, my question is, now that my RO is over, will I be able to buy weapons or will it affect me still in any way?

Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2020

MORE INFO NEEDED.

THE BEST PERSON TO ASK THAT QUESTION OF IS THE LAWYER WHO REPRESENTED YOU ON THE MATTER.

S/HE WILL KNOW THE JUDGES ORDERS.

1 Answer | Asked in Family Law for California on
Q: I would like help filing something for grandparent visitation . They live in Monterey county.
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 9, 2020

https://www.courts.ca.gov/17976.htm

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for California on
Q: Are social media posts about missing my son and my experiences a violation of a Restraining Order?

No names were said. Truthfully, I am not sure I even made the posts. I believe someone related to the victim got ahold of my phone at a gathering, but that's hard to prove. Are posts about my son (on the RO) with pictures before the RO illegal? Is saying that the situation isn't right... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 6, 2020

more info needed.

what did order say?

is this a case out of Florida or calif? if calif what courthouse?

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »

Shawna Murray
Shawna Murray answered on Nov 6, 2020

You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Brad, I am looking for some at the Sonoma Superior Courthouse Santa Rosa Ca. Please any name you can give me!

Sonoma County Courthouse Santa Rosa Ca

I need a few names or i am going to get rolled over by a bulldozer. Please help!

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

If you are trying to contact an attorney directly through this website, you are not. This is a public forum to ask questions. You need to phone the attorney at the number listed on their profile. Good luck.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law for California on
Q: My dad tested positive for covid his Dr says he is no longer contagious my daughter s mom won't let her come over.

I have tested negative my mom also we have been in contact with my dad still negative my daughter s mom doesn't want her over.

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

I don't see a question here. In these difficult times we have to make accommodations and adjustments to compensate for people's fears, whether justified or not. If mom does not want her visiting grandfather during this time, perhaps you should honor that rather than create more stress... Read more »

1 Answer | Asked in Family Law for California on
Q: I have agreed upon visitation with my daughters mom. Now she is saying I can't see her this week. I'm in Ca
Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 5, 2020

Informal agreements between parents are not legally enforceable. It's certainly admirable to work with the other parent regarding custody and support issues, but if either parent fails to comply with any such informal agreement, there's not much you can do about it when there is no court... Read more »

1 Answer | Asked in Family Law for California on
Q: My husband & I are filing for divorce. He is keeping the house and buying my half. There is equity. What am entitled to?
Maurice Mandel II
Maurice Mandel II answered on Nov 2, 2020

You are entitled to retain your own family law attorney to advise you and assist you to calculate exactly what the law says you are entitled to. It is not possible to provide a more specific answer to your question because there are not enough facts. You can retain an attorney to provide you... Read more »

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