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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 
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answered on Jan 16, 2024
In California, child custody and support matters are guided by the best interests of the children. If your ex-husband plans to move to Spain and take only one child, this decision must be evaluated by the court, especially if it contradicts existing custody agreements. Since he has expressed this... View More
I am in a 50/50 joint custody situation & I am the primary caregiver. My child just turned six last month and I have been concerned about her education for quite some time. Her father has no interest in putting her in school or having her enter a homeschooling program. She has had no... View More
answered on Jan 16, 2024
You refer to a custody agreement, but do you have actual court orders regarding custody? If not, get them. If you do have court orders, you orders should include instructions on what happens when the parties cannot reach an agreement. You cannot keep your child out of school simply because you... View More
I am in a 50/50 joint custody situation & I am the primary caregiver. My child just turned six last month and I have been concerned about her education for quite some time. Her father has no interest in putting her in school or having her enter a homeschooling program. She has had no... View More
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answered on Jan 16, 2024
In California, under a 50/50 joint custody arrangement, both parents must agree on major decisions regarding the child, including education. However, given that your child is of school age and there's a legal requirement for education, your concern about her not being in school is valid.... View More
Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce
answered on Jan 16, 2024
In a community property state such as California inheritances are separate property. To the extent it was you who was supporting him before and after he was in jail it may be that he would be the one eligible to seek alimony from you. However, if he has a substantial inheritance he's going... View More
Husband and I got Married while he was in jail. But I supported him before and during marriage. I didn't want a divorce
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answered on Jan 16, 2024
Under California law, the duration of the marriage is a key factor in determining eligibility for alimony, also known as spousal support. In marriages of short duration, typically less than ten years, the court may grant alimony, but it is usually for a period that is half the length of the... View More
answered on Jan 16, 2024
Would need more information about the situation.... such as what does he text and say? Does he threaten you at all? Is he texting or calling you every day, early mornings, late nights? Is he an ex spouse and you are going through a divorce or is he an ex boyfriend of short duration? Long... View More
answered on Jan 16, 2024
Domestic violence comes in all shapes and sizes. Persistent harassing phone calls, text message and emails can form the basis for a request for a restraining order - depending on the circumstances unique to your case. His failure to help out financially however, is not something you can... View More
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answered on Jan 16, 2024
Under California law, obtaining a restraining order due to verbal harassment and issues related to financial support can be complex. It's important to understand that restraining orders are primarily designed to protect individuals from physical harm or credible threats of violence.... View More
I had a court hearing on December 15th. The attorney who was ordered to prepare the proposed order was dismissed on December 18th. The opposing party’s attorney promised to send the proposed order on December 20th, but it was not sent until January 15th. If the opposing party sends me a proposed... View More
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answered on Jan 15, 2024
Under California Rule of Court 5.125, there are specific timelines for the submission of a proposed order after a hearing. However, refusing a proposed order solely based on a delay in its delivery can be complicated. The court expects parties to act in good faith, and delays can sometimes be... View More
Everytime we go to court the other party gets what he wants.For example after our first mediation judge did not go with recommendation & told me,“99 percent of the time I go with mediator’s recommendation but this time I’m not going to”.He then says the other party has 3 other children... View More
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answered on Jan 15, 2024
Under California law, judges are expected to remain impartial and base their decisions on the facts and law relevant to each case. A judge's deviation from a mediator's recommendation, by itself, does not necessarily indicate bias. Judges have discretion to make decisions they believe are... View More
The baby ended up being mine I went to court and did dna test now cps is asking questions about my child who doesn't have a case with them and came to a home visit to check if I could get the newborn but were more focus on my other child ask me to remove his diaper to check him said it was... View More
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answered on Jan 14, 2024
Under California law, Child Protective Services (CPS) is authorized to investigate situations where a child's welfare might be at risk. This includes situations where there is a concern about abuse or neglect. If you have a child living in your household and another child is under... View More
My granddaughter told me her dad was molesting her. I reported it to c. P. S and my daughter did as well. See gave him call copies of the report and told him We were the ones who called in and now. He won't allow. Me to see my Granddaughter. CPS also did not follow Investigation protocols... View More
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answered on Jan 14, 2024
According to California law, Child Protective Services (CPS) is generally prohibited from disclosing the identity of individuals who report child abuse or neglect, unless given consent to do so (CA Penal Code § 11167.5). There are a few potential legal options to consider in your situation:... View More
The debt is all in my name, how do I transfer it to him?
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answered on Jan 14, 2024
Under California law, even if a divorce decree assigns debt responsibility to your ex-spouse, creditors may still hold you accountable if the debt is in your name. To transfer debt responsibility, you and your ex-spouse can negotiate with creditors to modify the debt agreements. This might involve... View More
The debt is all in my name, how do I transfer it to him?
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answered on Jan 14, 2024
You can't really transfer it to him. He needs to pay it and if he doesn't pay it according to the terms of your settlement agreement or judgment, then you have to take him back to court for contempt. You are still responsible to the creditors if he doesn't pay it. I'm primarily... View More
I have been contacted it's a copy of my criminal history who do you contact for legal action for this
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answered on Jan 14, 2024
If your mail, including a copy of your criminal history, is being withheld, it's essential to address this promptly. In California, intentionally withholding someone's mail is against the law.
Firstly, contact the United States Postal Service (USPS). They have a system for... View More
If the answer is no, then is it breaking attorney client confidentiality if the client reports to the court the reason why they have fired their attorney?
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answered on Jan 13, 2024
Under California law, a client reporting to the court that they have fired their attorney does not break attorney-client confidentiality. This action is simply a statement of the change in representation and does not disclose any confidential information protected under the attorney-client... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
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answered on Jan 13, 2024
In California, when you sell a property held in a trust, like your late father's house, the tax implications can vary based on several factors, including the type of trust. Generally, if the trust is a revocable living trust, the sale of the house is treated for tax purposes as if the owner... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
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answered on Jan 13, 2024
There is a strong likelihood that the house was included in your father‘s taxable estate and, therefore, received a step up in basis as of his date of death. If the house sold for a price that was close to date of death value, chances are there was no capital gain after taking into account... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
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answered on Jan 13, 2024
The tax implications of selling a house that was held in a trust can be complex and depend on various factors, including the type of trust, the terms of the trust, and the tax laws applicable to the trust and the beneficiaries. Generally, if the trust is a non-grantor trust, the trust itself may be... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
In California, the determination of whether an older person is incapacitated and in need of a fiduciary isn't solely based on their ability to perform daily tasks or manage finances with assistance. Incapacity typically refers to a person's inability to make decisions or manage their... View More
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