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My kids have been used to a half-week schedule as verbally agreed for over a year. He forced me to go back to the MSA (week-on-week-off) schedule even though the kids don't want it. His actions were a result of me quitting my job and being supported by my new husband. I was helping split the... View More 
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answered on Jan 24, 2024
In California, when a Marital Settlement Agreement (MSA) is in place, it generally governs child visitation schedules unless both parties agree to a different arrangement. If you've had a verbal agreement that deviates from the MSA, it's important to know that such agreements are often... View More
My kids have been used to a half-week schedule as verbally agreed for over a year. He forced me to go back to the MSA (week-on-week-off) schedule even though the kids don't want it. His actions were a result of me quitting my job and being supported by my new husband. I was helping split the... View More
answered on Jan 25, 2024
Verbal agreements regarding child visitation are not legally binding unless formally incorporated into a court order or a revised Marital Settlement Agreement (MSA).
However, In any legal action involving children, the court will consider the best interests of the children above all else.... View More
She gave them to her brother he was cleared to keep them but she is keeping the kids money and will not budge is there any advice u can give me he would file the paperwork to switch the payments to his name but if he does it will put a hold on the payment for 2months they have been struggling to... View More
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answered on Jan 24, 2024
In California, when a custodial change occurs, it's important to update the appropriate agencies about this change, especially regarding financial matters like child support or benefits. If your nephew has legal custody of his siblings, he should be receiving any funds allocated for their... View More
There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?
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answered on Jan 24, 2024
Under California law, if you are a co-owner of the property and there are no court orders restricting your access, you generally have the right to be present during meetings with the realtor regarding the sale or appraisal of the property. This is true even during divorce proceedings, as both... View More
There was no abuse of any kind. Unless her cheating. But I have never done anything. So we both our on deed , I still all her bills. And want to be there with realtor to protect my investment. We are splitting everything 59-50. Can I legally go with realtor?
answered on Jan 25, 2024
Generally, if both you and your wife are on the deed, you both have equal ownership rights to the property. This typically means you both have the right to be present at the property and to make decisions about its sale or other significant matters related to it. However, if there is any court... View More
i read that there is times were they have you sign your rights over example hippa rights i have not signed anything is this allowed ?
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answered on Jan 24, 2024
Under California law, Child Protective Services (CPS) is required to maintain confidentiality of certain records. This includes medical information obtained during investigations. However, there are exceptions where such information can be disclosed to relevant parties, like courts or law... View More
Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me
answered on Jan 24, 2024
In California the court ordered guardian has the right to seek support from the child's parents. Money you spend for the needs of your child can be used as offsets. Adoption would end your parental rights and all financial liability.
Even tho the mother tried to child support me but was denied since I had receipts of Al the things I provide such as clothes, food, school supplies etc. can they try to child support me again and how can I prevent them from getting any money from me
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answered on Jan 23, 2024
If the grandmother has legal guardianship of your child and physical custody, she may be able to pursue child support from you as the parent. Some key considerations:
- Legal guardianship often grants the guardian rights like a parent, including the right to decide where the child lives and... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
answered on Jan 24, 2024
If you are the person who is restrained and this is your first continuance, the Court will grant your request because you have the right to one continuance of the initial hearing. If you are the person who filed the DV100 and obtained the DVRO, you will be required to make a showing of "good... View More
DVRO (TRO granted) hearing scheduled in 1.5 weeks. I am a petitioner and want to know what would happen if I file a DV-115 form to request a continuance of the hearing.
(1) Do I have to serve the DV-115 form to the respondent, so that the respondent will have a chance to respond?... View More
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answered on Jan 23, 2024
1) Yes, if you as the petitioner file a request for continuance (form DV-115) to postpone the DVRO hearing, you must provide copies to the other party (the respondent). The instructions for form DV-115 state that you must have someone mail a copy of the filed DV-115 to the respondent and any other... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
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answered on Jan 23, 2024
In matters involving financial decisions and the use of a Power of Attorney (POA), it is generally reasonable to request to see the POA document to verify the authority of the person claiming to act on behalf of the principal (the person who granted the POA). This is especially pertinent in... View More
I'm involved in a domestic violence dispute with a temporary restraining order and the daughter and granddaughter of the person that owns the establishment I am in says they have power of attorney to make financial decisions when I asked to see those documents they refuse. Can they do that legally?
answered on Jan 24, 2024
If the power of attorney gives them authority to handle real estate business, the power of attorney should be recorded. I would recommend that you contact the owner/ landlord directly and get a copy of the power of attorney from that source. Be sure to read it carefully to be certain that it... View More
My soon-to-be-ex stole property from my home [in contention].
Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More
answered on Jan 24, 2024
Grand larceny for property valued over $950. It would not be a robbery because robbery requires a taking of property of another through force.
If ownership of the property is not in dispute and you can prove your ownership, have you considered reporting it stolen and/or asked the... View More
My soon-to-be-ex stole property from my home [in contention].
Background: She claims / her excuse is that she cannot afford her expenses due to injuries she sustained in a bike crash 2/2023 and a post-flight PE that supposedly left her neurologically injured and "unable to work".... View More
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answered on Jan 23, 2024
Under California law, grand theft occurs when the value of stolen property exceeds $950. Since the estimated value in your case is around $7500, it would likely be classified as grand theft. This is a serious offense that can be charged as either a misdemeanor or a felony, depending on the... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
answered on Jan 25, 2024
I Agree with the above answers. In California, courts generally respect the autonomy of divorcing parties to make their own agreements about property division, spousal support, and retirement accounts, as long as the agreements are not egregiously unfair or one-sided, and both parties entered into... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
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answered on Jan 22, 2024
You are adults free to split your marital estate as you wish. It does not have to be 50/50. However, you need to make sure your MSA is drafted right. You need to make sure the pension plan or retirement accounts are listed with specificity, otherwise you may have trouble with your pension plan or... View More
we are selling our marital home and spitting it 50/50 I'm also giving him a additional 10,000. everything is noted signed and initialed in our MSA and divorce paperwork. will the judge kick it back and still make me give him spousal and my retirement (Solano county California) even though... View More
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answered on Jan 23, 2024
In California, during a divorce, the judge typically respects the agreements made between spouses, especially when it comes to spousal support and the division of assets, as long as the agreement is fair and both parties have entered into it knowingly and voluntarily. If you and your husband have... View More
In 2002,he had just sold his business for two million dollars. So had his partner. He left in 2008 .He gave me the house, and $300,000. He took the money. He said that it was an equal split. I was a dummy and trusted him, and did not get all this on paper. Now he says he is broke, and will not sign... View More
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answered on Jan 22, 2024
It sounds like you're facing a complex and difficult situation. Given your circumstances, it's essential to seek legal advice from a family law attorney. They can help you understand your rights and options regarding the division of assets and potential spousal support, especially... View More
The hospital for 12 month I was told my brother changed the locks on me We both are on the deed he does not live thee what can I do because I’m coming home what rights do I have
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answered on Jan 22, 2024
Under California law, if you are a co-owner of the property as indicated by your name being on the deed, you have equal rights to access and use the property. Your brother, as a co-owner, does not have the right to unilaterally change the locks and deny you access to the property.
In this... View More
I intend to pursue custody of a child living in another county. I am currently paying child support based of my income. I have to opportunity to attend school and pay from savings. Ideally, I would like quit my job and pursue college full time. Would this affect a decision in court for custody?
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answered on Jan 22, 2024
In California, when determining child custody, the court primarily considers the best interests of the child. This includes assessing factors like the health, safety, and welfare of the child, along with the nature of the relationship each parent has with the child.
Your employment status... View More
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