Get free answers to your Family Law legal questions from lawyers in your area.
Her father threatened to call the police if I show up to visit my newborn
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answered on Mar 6, 2024
Under California law, both parents have rights to their child, regardless of the relationship status or if the father's name is not on the birth certificate. If you are not being allowed to see your child and you wish to establish paternity and seek custody or visitation rights, the first step... View More 
My husband was abusive and this included financial abuse. He sold his house and we bought a house in Oregon together. We went thru divorce proceedings but there was a tragedy and we post poned it.
Now I am woke and he just kicked me out of the house. I am 57 yrs old and he claims... View More
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answered on Mar 6, 2024
Under Oregon law, which applies given that the property in question is located in Oregon, assets acquired during the marriage are generally considered marital property and subject to division upon divorce. This includes property purchased together, even if the funds initially came from the sale of... View More
I was told by the court clerks that he has to have someone serve me and not by mail. He continues to keep serving me this way without a person 18 and over doing it for him stating he don’t care. The clerks say they can’t give me legal advice about this and that I should show up and tell the... View More
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answered on Mar 6, 2024
Under California law, the proper service of legal documents is critical for ensuring that all parties are fairly notified and can participate in legal proceedings. If you have been served with a Request for Order by mail and were informed by court clerks that this method of service does not comply... View More
Unwed when I had the child. He signed birth certificate but has never had physical custody just visitation for an hour 1-2 days a week. child is 4 now and biological father has since neglected visitation and child support for 18 months. No support for school, healthcare ect.
I’ve... View More
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answered on Mar 5, 2024
Under California law, moving out of state with your child when you have sole physical custody and there is no formal court order or parenting plan in place can still be a sensitive legal matter. If the other parent has been involved in the child's life, even minimally through visitation, it is... View More
I had a child with another man- never married him
My child is 4 years old
We have NO written custody papers ever or verbal agreement for visitation
First year he saw my child a few times
He provides NO CHILD SUPPORT, NO day care payment, No health care for my child... View More
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answered on Mar 5, 2024
In California, the process to terminate a biological father's parental rights under circumstances of abandonment, as described in California Code of Child Abandonment (Family Code 7822), can be initiated if the parent has failed to communicate and support the child for a period of 12 months.... View More
At Granite construction if an employee of theirs dies unexpectedly, will they try to contact a named designated beneficiary they have on file and if the contact information for the beneficiary isn’t current, how do they go about locating them if they do do that?
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answered on Mar 5, 2024
In the event of an employee's unexpected death, companies like Granite Construction generally have protocols to reach out to the designated beneficiary listed by the employee. This process is a part of the company's responsibility to ensure that any benefits or entitlements, such as life... View More
While i was away on travel, my wife hack into my phone to read my message with my mother, she had know me well enough to know my password, but i did not give her permission to read my messages.
I suspect someone had move my phone so i change password, and monthes goes by my wife and i had... View More
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answered on Mar 4, 2024
In California, the privacy of communications is taken seriously, and unauthorized access to someone's electronic communications can raise legal issues. If your spouse accessed your phone and read your messages without your consent, this could potentially be considered a violation of privacy.... View More
Can one request the court to take all the imputed in account including Social Security retirement earnings if the individual is eligible but refused to draw his SSA Retirement? How is spousal support and child support calculated if the father is over 65 and has income yet hides it and refuses to... View More
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answered on Mar 4, 2024
In California, you can request spousal support from a spouse who is over 65 and still working. The court considers various factors when determining spousal support, including the age and health of both parties, their earning capacities, and other financial resources, such as Social Security... View More
Child support modification is in place since I have physical custody now and have had it since over a year. My question is can the spousal support money be garnished to cover my arrears I have or is that separate.
I do plan on paying my arrears but I’m afraid they would take the full... View More
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answered on Mar 3, 2024
In California, the law prioritizes child support obligations over spousal support. This means that if you have arrears on child support, it is possible for your spousal support payments to be garnished to cover these arrears. The state's child support enforcement agency has the authority to... View More
6 months ago I contacted a law firm in regard to divorcing my spouse. During the free consultation with a lawyer and his clerk, we discussed our prenup, my spouse potential request or ask for divorce settlement. Notes where taken by the clerk and question were asked by the lawyer.
My spouse... View More
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answered on Mar 3, 2024
Under California law, the situation you've described could indeed raise concerns regarding a conflict of interest. When you consulted with a law firm about your divorce, even if it was just a free consultation, an attorney-client relationship was established for the duration of that meeting.... View More
I did everything according to my lawyer as trustee of my parent's trust, which contained their home. Upon their death, My brother deposited my half of the money into the trust. I then, as trustee, signed the house over to him. That meant, according to my lawyer, he inherited 100% of the... View More
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answered on Mar 3, 2024
In California, property acquired through inheritance is generally considered separate property, not subject to division in a divorce. However, the situation becomes more complicated when a spouse is added to the title of the inherited property, as it may be seen as converting the property from... View More
My parents divorced in 1977 each kept one as part of the settlement. Several years later my father sold his and used the proceeds to purchase new home. About 7 years later he remarried and she moved into my dads. Some time later he sold that property and again used money to purchase new home.... View More
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answered on Mar 3, 2024
Under California law, property acquired before marriage generally remains the separate property of the spouse who acquired it. If your father sold a property he owned before remarrying and used those proceeds to purchase a new home, the nature of the new property's ownership depends on how it... View More
My divorce is going on almost 4 years. I originally had a lawyer who my dad paid for but with all the fees he wasn’t able to continue paying. I’m currently self represented but have been unable to enforce child support and spousal support on my own, hopefully I can finish getting divorce. So... View More
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answered on Mar 3, 2024
Finding affordable legal assistance can be challenging, especially when dealing with complex family law issues like divorce, child support, and spousal support. In California, there are several resources available to individuals with low income who require legal assistance. Legal aid organizations,... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
answered on Mar 3, 2024
Orders or judgments made under Family Code are law imposed obligations and are enforceable through Court's contempt powers. Any disobedience of the court order by your ex-husband is a contempt of court's authority, which may carry both civil and criminal penalties. There are judicial... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
answered on Mar 3, 2024
He has a job. You have a court order. Get a Wage Garnishment and serve it on his employer. Support will then be deducted from his wages and paid directly to you. For the arrears you can file a motion to have the amount of arrears established and then include that in the wage garnishment. The... View More
My ex-husband began his job in December last year. Out of kindness, I agreed to let him pay half of the court-ordered alimony, with the understanding he'd pay the rest once he found a job from October to December. However, despite starting his job, he's been avoiding paying the past due... View More
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answered on Mar 3, 2024
Under California law, if your ex-husband is not complying with the court-ordered alimony payments, you have legal recourse to enforce the order. You can file a motion for contempt of court, which is a formal declaration that your ex has failed to follow the court's orders. This motion can lead... View More
Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More
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answered on Mar 2, 2024
In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More
I live in a different state and a domestic violence restraining order was filed against me in California and the hearing is soon. I have never been served but learned about it thru the sheriff on the phone. What forms to file to quash it and when to do that. Is quash the right term ? Do I wait till... View More
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answered on Mar 2, 2024
When dealing with a situation like this, it's crucial to take immediate and informed action to protect your rights, especially given the complexity of handling legal matters across state lines.
First, regarding the term "quash," it is indeed used in legal contexts to refer to... View More
Proceeds from his house sale after we were married
answered on Mar 1, 2024
It's not about whose name is on title. If the property was purchased during the marriage, it is community property. When you say he purchased it with his money - what does that mean? If "his money" is money he earned during the marriage, then it is community property. If... View More
Proceeds from his house sale after we were married
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answered on Mar 1, 2024
In California, which is a community property state, assets acquired during the marriage are typically considered joint property. This means that, generally, both spouses have an equal ownership interest in such assets, including real estate, regardless of whose name is on the title or who paid for... View More
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