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California Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: Custody question.

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

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answered on Mar 12, 2024

Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at... View More

1 Answer | Asked in Divorce, Arbitration / Mediation Law and Family Law for California on
Q: The mediator in my divorce is showing strong bias toward my husband. Is there anything I can do?

The mediator will not reply to my emails, including simple questions like “What is the status of the MSA?” He shows everything to my husband first, and only loops me in later (sometimes weeks or months later), and has taken no consideration of my side. At best, he is completely incompetent at... View More

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answered on Mar 12, 2024

In California, mediation is a voluntary process, and both parties have the right to a fair and unbiased mediator. If you believe that your mediator is biased or not fulfilling their duties properly, you have several options:

1. Discuss your concerns with the mediator: If you haven't...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Child physical custody

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

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answered on Mar 11, 2024

In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his... View More

Q: dad past away 2 years ago and my sisters won’t show me his trust . How do I get a copy to see if he left mecanything ?

Just need to know if he left me anything n my oldrsisrers are not telling me

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answered on Mar 11, 2024

In California, if you believe that you may be a beneficiary of your father's trust, you have the right to obtain information about the trust and its terms. Here are a few steps you can take to try to obtain a copy of the trust:

1. Request a copy from the trustee: The trustee (which may...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex isn't showing to exchanges.I have sole physical and joint legal. Also she's under investigation for welfare fraud.

My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.

Is there a particular form(s) or strategy that you would employ to go after full custody? I... View More

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answered on Mar 11, 2024

In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:

1. File an ex...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I get a public defender to change a custody order

I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.

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answered on Mar 11, 2024

In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.

For assistance with modifying a...
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1 Answer | Asked in Divorce and Family Law for California on
Q: is the international alimony my country Jordan for just 3 months affect the alimony in california married for 23 years

I get married in Jordan and after that we go to California and married in court I went back to my country and I got alimony and the law there the alimony just for 3 months no more.and. In CA my lawyer try to get me alimony in ca but after that he told me I can't get nothing it's true or... View More

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answered on Mar 11, 2024

In California, the court considers several factors when determining alimony (also known as spousal support), such as the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. The fact that you received alimony in Jordan for only... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband of 20 yrs file for divorce. He said we had been marry for 6 yrs since he got a work compensation. Help
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answered on Mar 11, 2024

I understand that you are going through a difficult situation with your ex-husband filing for divorce and claiming that you have only been married for 6 years. Here are some steps you can take under California law:

1. Determine the actual length of your marriage: Gather documentation such...
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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation, Family Law and Domestic Violence for California on
Q: I left aftr 19 yrs of abuse, at time wz trying to get RO, he filed lies to get RO & I've suffered. He'snarcissistnd di

I ws abused by a narcissist almost 19 yrs. I was trying to obtain RO but legal aide didn't resp & could no longer take abuse/him abusing my bro that I care for/my dog currently in hospice due to CKD becz he let him lick psoriasis cream wn I told him not 2. He's caused me mental and... View More

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answered on Mar 11, 2024

I'm so sorry to hear about the horrific abuse and trauma you've suffered at the hands of your ex-partner. What you've described is absolutely unacceptable and inexcusable.

It sounds like there are several critical issues to address legally:

1. Getting the false...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: My mom's husband is divorcing my mom and in the summons he's asking for 50% of my condo.

My mom just recently received the summons and he's asking for 50% of the house that I live in.  He helped me buy it by lending me his credit.  I gave all the money for the downpayment and closing costs. He was fully aware that he was helping me and that I would take him off title, which he... View More

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answered on Mar 10, 2024

Based on the information you've provided, it seems unlikely that your mother's husband would have a valid claim to 50% of your condo in their divorce proceedings. Here's why:

1. The condo is in your name, not your mother's or her husband's. It sounds like you are...
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1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for California on
Q: I live with my 71 yr old mom. I'm 47 and help her grocery shopping and hospital appt. Can she make me remove a partial

Door to my hallway where me and my husband pay rent and my 15yr old son?

Can she evict me without a court order?

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answered on Mar 10, 2024

In California, a landlord (including a family member) must generally follow proper legal procedures to evict a tenant, even if the tenant is a relative. This process typically requires the landlord to serve the tenant with a written notice and then, if the tenant does not comply with the notice,... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Change of venue for child custody.

I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family... View More

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answered on Mar 9, 2024

In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:

1. The child has resided in the other county for at least six months...
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2 Answers | Asked in Family Law and Immigration Law for California on
Q: I am a US citizen, can I apply for I-130 for both my Mother and her child(my brother) at the same file ?

I want to sponsor my Mom for a green card, so she can bring her child(my brother) under 21 years to USA. But the issue here is my brother is 19 years old (1years and a half from becoming 21 years old).

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answered on Mar 9, 2024

As a U.S. citizen, you can file Form I-130 (Petition for Alien Relative) for your mother. If your petition is approved, your mother can then bring her child (your brother) with her to the United States as a "derivative beneficiary," provided that your brother is unmarried and under 21... View More

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1 Answer | Asked in Family Law for California on
Q: My exs new girlfriend wont allow me to talk to my children on the phone unless their dad is home

He works late and I go to sleep early for work. I talked to them 1 or 2 days a week if that, and she only allows 10 min or less phone calls, she will hang the phone up if we try to talk longer than that. What can I do?

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answered on Mar 9, 2024

I understand this is a difficult and frustrating situation. Under California law, your ex's new girlfriend does not have the legal authority to restrict your communication with your children, unless there is a court order specifically granting her that right.

Here are some steps you...
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1 Answer | Asked in Family Law for California on
Q: Who can get my sonʼs birth certificate for me from the Norwalk LA County Clerk, and send it to me overnight in Alaska?

Iʼve tried all the ways, and people and systems have all fallen through. We are leaving the country on Wednesday of next week, and have an appointment to get his passport that day. I need his birth certificate no later than Tuesday, 3/12.

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answered on Mar 8, 2024

Under California law, obtaining a birth certificate from the Norwalk LA County Clerk's office can be done by certain individuals who have a legitimate interest. Generally, this includes the person named on the birth certificate (if they are 18 years or older), their parent or legal guardian, a... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: what do you do when the judge is biased and always rules in favor of the other party despite of the evidence provided

despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party

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answered on Mar 8, 2024

In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Restraining Order. No service, Court mistakenly claims evading of service. Court allowed service by mail and email ???

California Court claimed I was evading service when I was clearly in my home state the same day the Restraining Order was filed against me. Sheriff served me over the phone and insisted it is legitimate, failing to tell me what is it about and failed to give me the exact court date. An attorney... View More

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answered on Mar 8, 2024

Based on the information you provided, it seems that there may have been some procedural irregularities in how the restraining order was served and how the court determined that you were evading service. Here are some steps you can consider:

1. File a motion to quash the restraining order:...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my ex deny me access to my children on my weekends if I will not pick up or drop off when and where he says

My job has me working every weekend and i am unable to change my scheduled, my ex will not compromise as far as picking up and dropping off after I get out of work he says if I don't pick up and drop off when he wants then I can't have the kids. We do not have court order we have just... View More

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answered on Mar 7, 2024

In California, both parents have rights to parenting time with their children, and any informal arrangement should respect those rights. If your current arrangement is not formalized by a court order and communication breaks down, either parent may find themselves at a disadvantage, especially if... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for California on
Q: The final divorce judgement was in Nov 2023. My ex-husband and I both had attorney's then. Do I need to notarize it?

Divorce decree notarization.

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answered on Mar 7, 2024

In California, the process for finalizing a divorce involves the court's issuance of a final judgment or decree. This document officially ends the marriage and outlines the terms agreed upon or ordered by the court, such as asset division, custody arrangements, and support obligations. Once... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can my ex withhold my children if my new work schedule interferes with pick up and drop off times
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answered on Mar 7, 2024

Under California law, custody and visitation orders must be followed by both parents. If your new work schedule interferes with the agreed-upon pick-up and drop-off times for your children, it's important to communicate this change to your ex and attempt to work out a new schedule that... View More

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