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The pregnant mom is a U.S. citizen who has moved to another country.
Dad is not a U.S. citizen who travels to California for work. They met in California and the mother was living there at conception, but the child was conceived in a different country (vacation) than where the parents are... View More 
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answered on Jan 31, 2024
Under California law, establishing paternity for a child conceived by parents of different nationalities can be complex, especially when one parent has moved to another country. If the mother is a U.S. citizen who has relocated abroad and is likely to refuse a paternity test, the situation becomes... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
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answered on Jan 30, 2024
In California, properties acquired after separation but before the divorce is finalized can sometimes be considered separate property. However, this can depend on specific circumstances and interpretations of the law. Since you separated in 2022 and plan to buy a new home before your divorce is... View More
For the Declaration for Default/Uncontested Judgment. I have been told by the county of contra costa where i have filed that it may take 6 more months to reach verdict. We do not have kids and do not have any assets/properties to divide. I am planning on buying a home soon and i want to know if... View More
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answered on Jan 30, 2024
First, the soonest your divorce can be final is 6 months from the date your husband was served. Meaning that if he was served recently, the courts 6 months time frame for finalizing your divorce really is not significant. If that's not the case, and the court clerk is telling you it's... View More
Please let me know what I can do
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answered on Jan 30, 2024
Dealing with long-term child support arrears in California can be challenging. If you are facing additional penalties for missed payments, it's important to address this issue promptly.
First, consider contacting the child support agency handling your case. They can provide specific... View More
Please let me know what I can do
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answered on Jan 30, 2024
In California, if you have been paying child support arrears for forty years and are facing additional charges for missed payments, it is essential to understand your rights and options. California law stipulates that child support arrears accrue interest, and missed payments can significantly... View More
Ex is now trying to get a restraining order against my husband based on lies. What can we do about this?
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answered on Jan 30, 2024
In California, if your ex has filed multiple restraining orders against you and all have been denied, you may have grounds to address this issue legally. The repetitive filing of baseless restraining orders can be seen as an abuse of the legal system and may constitute legal harassment or vexatious... View More
Ex is now trying to get a restraining order against my husband based on lies. What can we do about this?
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answered on Jan 30, 2024
In California, if an individual repeatedly files restraining orders that are consistently denied, it could potentially be viewed as an abuse of the legal process. However, there isn't a specific law that directly prohibits filing multiple restraining orders, even if they are denied. Each case... View More
I seeks a divorce as wife was a violent abusive person. yes she has a record of being violent. she came into an inheritance of 1.3 million dollars and is still trying to fight me for Alimony. she left me emotionaly distraught to where i dont trust women. I stress when i get a text from her. i dont... View More
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answered on Jan 29, 2024
Under California law, the division of assets in a divorce can be complex, especially when it involves significant assets like inheritances and retirement accounts. Generally, inheritances received by one spouse are considered separate property and are not subject to division in divorce. However, if... View More
Granted me joint custody...of these two kids...well after a year or so the mom started acting strange....she began to show signs of being crazy....and abusive mentally and physically to the kids...I tried getting help ..but no one would listen and if I acted out then I would be seen as the bad... View More
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answered on Jan 29, 2024
In California, Child Protective Services (CPS) decisions, especially those involving custody, should prioritize the children's safety and well-being. If you had joint custody and believe CPS wrongly denied you custody of your children due to your past incarceration, you may have grounds to... View More
Do I have the absolute right to partition such a property?
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answered on Jan 29, 2024
Under California law, property acquired after the date of separation is generally considered separate property, not part of the marital estate. This means that if you purchase a property after you and your spouse have separated, it is usually seen as your own separate asset.
However, there... View More
Hi Lawyers,
I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!
I have a new judge now and I need help citing caselaw in my motion... View More
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answered on Jan 28, 2024
In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial... View More
My judge who has since stepped off the bench granted my abuser a DVRO which includes my daughter even though he had no witnesses, evidence only hearsay, and I am the actual victim with a police report with medical injuries that are Documented by MD and charges pending against my abuser. I need to... View More
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answered on Jan 28, 2024
In your situation, proving judicial bias can be challenging. To establish bias, you typically need to demonstrate that the judge had a personal interest in the case or exhibited behavior that clearly indicated a lack of impartiality. Merely disagreeing with the judge's decision or reasoning,... View More
What is the normal timeframe to be served a Civil Subpoena Duces Tecum? Can I quash this subpoena because I wasn't given enough time?
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answered on Jan 27, 2024
If you've been served with a Civil Subpoena Duces Tecum in California and believe the notice period is insufficient, you have options to address this situation. Typically, in California, a subpoena should provide a reasonable time for compliance. The specific timeframe can vary, but generally,... View More
I can not take care of her and she certainly can not take care of me! I was told by the Veterans Administration, that I have Pulmonary Fibrosis, with no cure. I want to enjoy what time I have left. On the other hand, the wife tried Suicide "twice" She needs,(24-hour) care. We have both... View More
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answered on Jan 26, 2024
In California, the process of divorce can be initiated regardless of whether both spouses are able to actively participate in the proceedings. Since your wife is incapacitated and requires 24-hour care, it's important to consider her legal representation in the divorce process. This might... View More
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answered on Jan 26, 2024
As an IHSS (In-Home Supportive Services) worker in California, your ability to work should generally not be affected by Child Protective Services (CPS) unless there are specific concerns or allegations related to your conduct or ability to provide safe and effective care. CPS involvement typically... View More
For marriage dissolution and child custody. Ex is emotionally and mentally abusive.
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answered on Jan 26, 2024
Proving mental abuse in a marriage dissolution and child custody case in California requires gathering evidence that demonstrates the pattern of abusive behavior. This can include keeping a detailed journal of incidents, dates, and descriptions of the emotional and mental abuse.
Witness... View More
I recently secured a full-time position as a W2 employee. Last year, I was self-employed as a 1099 independent contractor, with no W2 income. In the context of modifying child support, how does California family law consider self-employment income that no longer exists, given that I am now fully... View More
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answered on Jan 25, 2024
In California, when it comes to modifying child support, the court primarily looks at the current income and earning capacity of both parents. If your self-employment income has ceased due to your new W2 employment, this change in circumstances is significant and relevant for your child support... View More
i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More
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answered on Jan 25, 2024
If you have evidence of falsified information in reports and your signature being forged, it’s crucial to take immediate legal action. First, gather all your evidence, including the forged documents, the recordings, and any other relevant materials that support your claims.
You should... View More
i have as well found documented evidence of my signature forged in order to forward my mail to a address not of my own and in doing so i never was sent reports written out by social worker and supervisor and the only place this address was showing up was on the cps filed court documents that i... View More
answered on Jan 25, 2024
If you have evidence of falsified information in a report that led to your children being removed from your care, and evidence of your signature being forged for mail redirection, it's crucial to take immediate and organized legal action. Here are the steps you should consider:... View More
Can you file for contempt of court and enforcement of parenting plan? The other parent (custodian) failed to respond to my motion to modify parenting time and I was granted visitation as I request by way of default. Other parent is still not responding to my calls to visit the children? So now I... View More
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answered on Jan 24, 2024
In Oregon, it is possible to file for contempt of court and enforcement of a parenting plan simultaneously. Contempt of court is appropriate when a party willfully disobeys a court order, such as an order regarding visitation or parenting time. Filing for enforcement of the parenting plan seeks to... View More
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