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California Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: After Settlement conference what forms do I need to fill out to finish divorce? custody and financials are done.

I have been working on this for two years other party nonresponsive but showed up and signed Stipulation Order(Mandatory settlement Conference that was signed by judge. I am trying to get the final judgement so I can be divorced. What forms do I need to fill out and do I need to ask for a court... View More

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answered on Mar 1, 2024

In California, once you've reached an agreement through a settlement conference and have a stipulation order signed by the judge, the next steps involve finalizing your divorce. You'll need to complete and file a few specific forms to obtain your final judgment of divorce. These forms... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Stepdaughters father sent me a written statement stating he would pay his daughters student loans. He is not. Can I Sue?

Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.

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answered on Mar 1, 2024

Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: So about a month ago my wife took my keys to our condo and also took our car from me what should i do

I've been leaving on the streets for about a month now her son has physically assaulted me I've had to call the cops just to retrieve some clothes one time and she refuses to change anything she's harassing all my friends

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answered on Feb 29, 2024

In California, if you find yourself in a situation where your spouse has taken possession of your shared property and you are experiencing harassment and assault, it's important to understand your rights and the steps you can take to address this situation. Firstly, regarding your home and... View More

1 Answer | Asked in Family Law for California on
Q: Spousal support order

I was just recently granted spousal support with the order having petitioner start paying on March 1st and March 15th. I did file an ex-parte to have earnings reassignment but is there a way to find out if my request is pending or denied??

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answered on Feb 29, 2024

After being granted spousal support, it's crucial to ensure the order is enforced so you receive the payments as determined by the court. Filing an ex parte application for an earnings assignment (wage garnishment) is a step towards securing this enforcement. If you're looking to check... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: husband got served a summons for divorce, and he agrees to waive disclosre of financial info, what do I need to submit?

He was served by Sheriff dept, do I need to fill out FL 115 and he wants to waive financial disclosure as well. What paperwork do I need to submit? What other paperwork do I need to file besides the proof that he got served and the fl 144 form ?

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answered on Feb 29, 2024

In California, when your husband has been served with divorce summons and agrees to waive the financial disclosure requirements, specific forms must be completed to reflect this agreement properly. It's important to note that while parties can waive the final declaration of disclosure,... View More

1 Answer | Asked in Business Law, Civil Litigation and Family Law for California on
Q: In family law, what do I file to compel a production of business records when the consumer has objected?

I subpoenaed business records from LegalZoom for my mother-in-law's account containing LLC documents showing my wife was a member (secretly) of several LLCs with her parents incorporated during our marriage (and into which my wife put some of my money). My mother-in-law lawyered up and... View More

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answered on Feb 29, 2024

In California family law, if you face objections to a subpoena for the production of business records, such as the situation you're describing, the appropriate action is to file a motion to compel production of documents with the court. This motion asks the court to order the party or entity... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardi

hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardianship of. my 14 yr old niece does not have any custody ordered. My sister has lost custody of her last 2 ch I Loren at birth. She recently had another and the same cp as we... View More

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answered on Feb 29, 2024

Under California law, when Child Protective Services (CPS) intervenes in a family situation, it is typically because there are concerns for the welfare of the child or children involved. In cases where a parent has lost custody of previous children, CPS may have grounds to remove any new children... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for California on
Q: Married man filed "unmarried" in property quitclaim deed, is there anything we can do? (Married 2000, deed filed 2006)

Recently father (married since 2000) has been talking about selling my familys current home and is using a quitclaim deed he has as leverage, claiming he owns home. He doesn't live in America and doesn't live in this house, so he won't be affected by this. His reasoning for this is... View More

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answered on Feb 29, 2024

In California, property acquired during marriage is generally considered community property, meaning both spouses have an equal interest in it, regardless of how the property title is held. If your father falsely claimed he was unmarried on a quitclaim deed after marrying your mother, this could be... View More

1 Answer | Asked in Small Claims and Family Law for California on
Q: I was recently given a protection order by my girlfriend but it is imperative that I get my belongings back.

How do I go about getting my stuff from this person if the police won't do a civil standby?

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answered on Feb 28, 2024

Under California law, if you have been served with a protection order, it's crucial to follow it strictly to avoid legal consequences. However, you still have the right to retrieve your belongings. If the police are unable to provide a civil standby, there are alternative steps you can take to... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Public Benefits for California on
Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

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answered on Feb 28, 2024

In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I am the petitioner in a divorce in california. Can i postpone the divorce summon to my spouse?

My spouse have been served with divorce summon and has about a week left on the response time and is asking me to postpone the deadline by agreeing to it on an email. I have not agree to anything, but am curious to if this have any legal standing?

I do not know why she want to postpone

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answered on Feb 28, 2024

In California, once your spouse has been served with divorce summons, the deadline for their response is set by law. However, parties can mutually agree to extend this deadline. If you consent to postponing the response time, it's essential to document this agreement clearly and preferably in... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What are some reasons to file a motion of content if a court order is violated in California family law

Can a judge reverse a court order it finds the one of the parties did not fulfill the court order and what happens after that

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answered on Feb 27, 2024

In California family law, filing a motion for contempt may be necessary when a party willfully disobeys a court order. Common reasons include failure to pay child or spousal support, not adhering to custody or visitation schedules, or not completing court-ordered programs or actions. This legal... View More

1 Answer | Asked in Domestic Violence, Family Law and Civil Rights for California on
Q: What do you do if a restraining order filed against you in California but you were served over the phone ?

Other parent filed a restraining, temporary order preventing (domestic violence) all active. I live in another state and I was served over the phone by sheriff, not in person. Do I appear for the court date (March), or file some document to dismiss it or what to do ? I am thinking the other parent... View More

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answered on Feb 27, 2024

If a restraining order was filed against you in California and you were served over the phone while residing in another state, it is crucial to take this matter seriously and understand your options under California law. First, it's important to note that service of legal documents, including... View More

1 Answer | Asked in Family Law for California on
Q: How to remove a person from a power of attorney document.

We have a durable Power of Attorney for my mother, one for finances and one for health, where the first person listed is no longer participating in my mother's life. The second person listed, myself, has taken care of all aspects of my mother's life for the past two years. I would like to... View More

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answered on Feb 27, 2024

In California, updating a Power of Attorney (POA) document to remove a person is a straightforward process, but it must be done correctly to ensure the changes are legally binding. If the principal, in this case, your mother, is mentally competent, she can revoke the existing POA and create a new... View More

1 Answer | Asked in Personal Injury, Family Law and Civil Rights for California on
Q: I want to know what lawyer to call for a botched investigation and CPS and cops both lying in court and on papers.

We were wrongly accused by a neighbor that we didn't want to hang out with anymore and this person told our neighbors that she was going to ruin our lives by tell the police that my wife and I traveled the United States going from hotel to hotel molesting children and even though All the... View More

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answered on Feb 27, 2024

In California, if you're facing a situation where you believe an investigation was mishandled and there were falsehoods presented in court by Child Protective Services (CPS) and police, seeking legal advice from an attorney experienced in civil rights or family law is advisable. These... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a Pro Per Petitioner Prepare and File a FOAH After a Custody Modification Hearing?

I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.

During previous three hearings... View More

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answered on Feb 27, 2024

Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can your children be taken if you go to jail wrongfully?

If you are arrested and taken to jail for a crime that you didn't commit and due to that your children are taken from your custody but you are released and all charges dismissed however your kids that were taken but you are told would be returned once proof of case being dismissed is provided... View More

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answered on Feb 25, 2024

In California, if you were wrongfully arrested and your children were taken into custody by child protective services, the process for reunification is generally clear and aimed at protecting the children's welfare. Once charges against you are dismissed, and it's proven that you are not... View More

1 Answer | Asked in Family Law, Nursing Home Abuse and Elder Law for California on
Q: My sister is power of attorney over my mother, who is in an elderly, assisted facility, can she deny me visitation

It’s a long-term ongoing family feud that she is brought into the situation. Has nothing to do with my mother and it has nothing to do with anything. My mother enjoys our company and she looks forward to our visits. We are suddenly cut off. I’m not allowed to see her and we are very concerned... View More

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answered on Feb 25, 2024

In California, the role of a Power of Attorney (POA) includes making decisions on behalf of someone regarding financial or health matters, depending on the type of POA granted. However, this authority does not inherently include the power to deny family members the right to visit their loved ones... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: What state keeps mother's with children?

Father of child tried to make me abort baby and I refused so he has threatened court to take the baby away from me as much as possible. I am afraid and only want to keep full custody of my child. He has been verbally emotionally abusive throughout pregnancy, even threatened to sock me in the... View More

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answered on Feb 25, 2024

In California, the court's primary concern in custody cases is the best interest of the child, which includes considerations of safety, health, and emotional well-being. While there is a preference for shared custody to ensure that the child maintains a strong relationship with both parents,... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Juvenile Law, Child Custody and Family Law for California on
Q: What are my children and I’s chances of being reunified immediately w/adhering to case plan & all 3 entering Fam mh prg

Cps didn’t make me aware of the juvenile detention petition report until 11 days after that hearing took place, cps has had separate hearings without my knowledge with personal/professional misconducts. Intentional negligence and emotional distress for the well being of my children’s medical... View More

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answered on Feb 25, 2024

Under California law, the chances of reunification with your children upon adhering to a case plan and entering a family mental health program can be significantly improved, as the system prioritizes the well-being and safety of children, aiming for family preservation whenever possible. Compliance... View More

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