Get free answers to your Family Law legal questions from lawyers in your area.
The custodian parent relocated from Oregon to California without filing with the court a change of address as prescribed by law, and I wasn't notified either. So it took me a year to locate them and got my ex served with Oregon court document to modify parenting time. She failed to respond and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 22, 2024
In this situation, your first step should be to file for the enforcement of the parenting time as outlined in the default judgment. This action is necessary to legally assert your visitation rights. The court can then order the custodian parent to adhere to the agreed upon visitation schedule.... View More
My ex & I are both from California. She was cheating on me & ended up taking off with her ex husband, to North Carolina, while she was 7 months pregnant with my son & gave birth out there. For the past 5 months I've had no way to get a hold of her or contact her, she went... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
In your situation, establishing paternity is a critical first step to address your concerns about your potential son. Under California law, as an alleged father, you have the right to petition for a paternity test to determine if you are the biological father of the child. However, since the child... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
answered on Jan 21, 2024
You do not have to be served personally when, as here, you make a personal appearance in Court which has the legal effect of succumbing to the personal jurisdiction of the Court and waiving any rights you may have had to contest the Courts personal jurisdiction over you. You could have avoided... View More
A Temporary Restraining Order (TRO) with a minor child was granted against the husband. The wife’s attorney notified him via email. To prevent a continuance, the husband requested to be served three times. Simultaneously, he obtained all TRO documents from the court. He filed and served his... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Under California law, when a Temporary Restraining Order (TRO) is granted, proper service is typically required for the order to be enforceable. However, in your case, where the husband has actively participated in the process despite not being formally served, the court may consider this as... View More
Two judges in same county seem bias and are failing to protect . Lied to my child in remote hearing to get her back there,threatened me with child abduction unit and denied child counsel, she's being punished for speaking up and doesn't trust anyone now. Can anybody do anything? No legal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
Under California law, if you believe that a judge is acting with bias or failing to protect a child, there are steps you can take. Firstly, consider filing a complaint with the California Commission on Judicial Performance. This body investigates allegations of judicial misconduct and can take... View More
She went and filed before I did as I caught her cheating. She locked me out of the house, took all my clothes and left me with no phone or money or means to fix my vehicle that recently broke down. I have yet to respond. What do I do?
answered on Jan 20, 2024
Yes. Alimony is assessed based upon primarily the requesting spouse's evidence of the need for the support and the other spouse's ability to pay the support. There may be other considerations depending on your circumstances. Whether she had the right to exclude you and remove your... View More
She went and filed before I did as I caught her cheating. She locked me out of the house, took all my clothes and left me with no phone or money or means to fix my vehicle that recently broke down. I have yet to respond. What do I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024
In California, the law regarding alimony and property division does not discriminate based on gender. As a male spouse, you have the same rights as your wife would in a similar situation. If you are not working and your wife is earning a significant income, the court may consider this disparity... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
answered on Jan 20, 2024
Without knowing any of the facts that led to the DVRO and not knowing the level of violence or what type of DVRO there could be extenuating circumstances that would make the typical general answers about DVRO inapplicable. Generally speaking, the responding party to a DVRO has the right to one... View More
I am currently restrained by a Temporary Restraining Order (TRO) that has been granted. I was not formally served, but I was notified twice that the TRO was granted. I went to the court to print out all the documents and then filed my response with the court.
1. Can I file form DV-115 to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024
Under California law, you have the option to file Form DV-115, the Request to Continue Court Hearing and to Reissue Temporary Restraining Order, to reschedule a Domestic Violence Restraining Order (DVRO) hearing. This form is typically used to request a postponement of the hearing, but it can also... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024
Under California law, if a beneficiary intentionally delays the completion of required paperwork to hinder the distribution of annuity benefits to other beneficiaries, legal action may be taken. In your case, you can consider filing a petition in probate court for the enforcement of your rights as... View More
My brother convinced my sister to send her paperwork allowing an annuity to complete the payout of the account to 3 beneficiaries. I have turned in all my paperwork back in October 2023. My brother is holding back his and my sisters paperwork, with no clear reason. The plan has contacted him... View More
answered on Jan 19, 2024
Probate Code Section 850 which allows for the court to provide relief when there has been an "abuse of a confidential or fiduciary relationship," including disputes between co-owners of property. If there is no legitimate reason for him to refuse to complete the paperwork, Section 850... View More
A man and women got married, she added his name to the title of her home. 22 years later the court grants her a divorce and awards her the home as her sole and separate property. 6 years later she died.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Based on the additional details provided, it does not appear the ex-husband would have a legal right to claim ownership of the home after his ex-wife's death. A few key points:
- When they divorced, the court specifically awarded the home as the ex-wife's sole and separate... View More
Is it free for senior citizens
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Lawyers can make house calls to assist with legal matters such as amending a will, especially for senior citizens who may have mobility issues. However, whether this service is offered and any associated costs can vary depending on the law firm and the location.
While some attorneys may... View More
I am a father with a child in the care of his mother in another county. The mother is suspected of drug abuse and grandmother habitually uses marijuana and leaves paraphernalia within child’s reach. Also prior criminal history of drugs, distribution of prescription narcotics, and domestic... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
In California, the presence of marijuana in the household is not automatically grounds for changing custody. However, the court’s primary concern in custody cases is the child’s best interest, which includes ensuring a safe and healthy environment. If you suspect drug abuse or that the child is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Here are the key steps if you want to change the deed to your house to transfer ownership to your son while your husband is still alive:
1. Consult with a divorce/family law attorney. Even if you are not getting divorced, transferring a jointly-owned house without your husband's... View More
My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
answered on Jan 17, 2024
I'm sorry for the loss of your father. There are strict ethical codes for lawyers who represent Trustees. Those lawyers are not allowed to represent or advise any beneficiaries. Lawyers have a choice of representing EITHER the Trustee (but only in his capacity as Trustee) OR represent one or... View More
My brother is the trustee and is not cooperating with details and specific amounts. I am a 1/3 beneficiary, but my brother (other 2/3) has discretion of releasing payments to me. 15 months since the death is approaching, and my understanding is that I am entitled to receive interest on my 1/3 Trust... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024
In a situation where you are a beneficiary of a trust, you have certain rights to information about the trust and your share of the estate. As a 1/3 beneficiary, you are entitled to know the details and specific amounts of the trust assets, including stocks, bonds, properties, and cash. The... View More
I am a human trafficking victim and I reported human trafficking to the police. Cps took my children away and icnored my plea for help. This was in 2016. I am now estranged from my children because of this. Every lawyer I call bounces between family law and civil law. Which jurisdiction does a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2024
Suing the state of California for your situation involves a complex intersection of legal jurisdictions. Generally, cases involving allegations against state agencies, such as Child Protective Services (CPS), fall under civil law. This is because you're potentially dealing with issues of... View More
I don't want the kids to be split up, I want them to grow up together. My eldest just turned 13 and likes the idea of living in Spain, but I don't think she fully understands what it means to go live far away from her sister and her mother, indefinitely. I don't mind if my ex moves... View More
answered on Jan 16, 2024
He can't just move to Spain with one of your children. If he wants to relocate and to take one or more of your children with him, he will need a court order allowing him to do so. He'll need to seek an order modifying existing custody orders to include a move-away request. Before such... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
