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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Civil Rights and Education Law for California on
Q: Is my 9-year-old grandson's constitutional rights to an education being violated? He should be in the 4th grade now.

My grandson has not attended school since October of the first grade; all absences are unexcused. The mother is extraordinarily permissive, and allows him to make his own decisions about school, doctor visits, preferred activities, etc. He was recently diagnosed with ODD.

The school has... View More

James L. Arrasmith
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answered on Jan 6, 2024

In California, the right to an education is indeed a fundamental one, and every child between the ages of 6 and 18 is required to attend school under the state's compulsory education laws. If your grandson has not been attending school regularly since the first grade, this could be a violation... View More

2 Answers | Asked in Family Law for California on
Q: We had someone from CPS come in our gated yard without permission among other things can we sue

They came back a few days later and said they had eyes on us and threatened to get court involved if we didn't change the appearance of our house or make an effort my husband is tired of the years of harassment from them and wants to sue

James L. Arrasmith
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answered on Jan 5, 2024

It's important to understand that Child Protective Services (CPS) has specific protocols and legal authority to ensure the safety and welfare of children. If CPS entered your property without permission, it might be within their rights under certain emergency circumstances where they believe a... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: We have an RLT & I have an ILIT. We are divorcing in Monterey County, California.

The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.

James L. Arrasmith
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answered on Jan 5, 2024

Divorce involving complex assets like a Revocable Living Trust (RLT) and an Irrevocable Life Insurance Trust (ILIT) can present unique challenges, particularly when it comes to dividing assets like small positions in private companies.

In such cases, it's crucial to work with legal and...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: We have an RLT & I have an ILIT. We are divorcing in Monterey County, California.

The challenge is the RLT has a portfolio of tiny positions in private companies that will be a hassle or impossible to split/retitle.

Julie King
Julie King
answered on Jan 5, 2024

I'm sorry to hear about your divorce. The judge in your divorce proceedings will say who is entitled to receive which asset and you will be able to take that document signed by the judge to your financial advisor (or the companies themselves) to transfer title to the appropriate person. If... View More

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1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Los Angeles CA. Is it mandatory to respond in writing to a domestic violence restraining order?

Was served a few weeks ago hearing is at the end of the month. We are in mediation settling afraid my written response might anger, as he's very abusive. Also the restraining order I was served says Denied on it. Thank you

James L. Arrasmith
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answered on Jan 5, 2024

In California, if you have been served with a domestic violence restraining order, it is generally recommended to respond in writing, especially if you wish to contest the order. This response is your opportunity to present your side of the story and any evidence or arguments you have against the... View More

Q: I got a 2003 Motion to support case against me. I wasn't there or even knew about it.

My wife found child support CSSD and they only sent me the judgement. Nothing else. I found out it was my mom who opened in 2003. She pretended to be the girl and reopened it for her gain. My mom knew the child wasn't mine because I found out it is my dad's and my mom is covering it to... View More

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answered on Jan 4, 2024

In California, if you are facing a child support case based on false information or identity fraud, it's important to take immediate legal action. The complexity of your situation, involving potential identity fraud by a family member, requires careful navigation.

Firstly, gather all...
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1 Answer | Asked in Child Support, Family Law and Probate for California on
Q: My husband and I legally separated in California. Can a sibling claim his body if he dies in another state.

My husband and I legally separated years ago and physically separated over 5 years ago (he moved to another state) If he dies in that state can a sibling in that state claim his body and can I still receive a death certificate for matters that require filings. There is no will.

James L. Arrasmith
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answered on Jan 4, 2024

In California, when a person dies without a will, the right to claim their body typically falls to the closest next of kin. As a legally separated spouse, you generally retain some rights, but these can vary based on specific circumstances.

If your husband passes away in another state, the...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Will I get visitation if reunification therapy failed?

I haven’t had visitations with my 2 kids 8 and 10 years old in almost a year now. Visitation were originally taken away from me because the mother claimed some accusations that I was hurting my children which wasn’t true. Minors council was appointed and the minors council said that since my... View More

James L. Arrasmith
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answered on Jan 3, 2024

In cases involving child custody and visitation rights, the court's primary concern is always the best interests of the children. If reunification therapy has failed, it does not automatically mean that you will be denied visitation rights, but it does present a significant challenge.... View More

1 Answer | Asked in Family Law and Divorce for California on
Q: What actions can I take against my ex wife for leaving me on the streets, broke, homeless after 20 yrs in a relationship

I supported her and our three children for 20 years,when she didn't even work for most part of the relationship.she started working towards the end of the relationship and I lost my job and she took over all responsibilities financially.shortly after I lost my job.she said she no longer wanted... View More

James L. Arrasmith
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answered on Jan 3, 2024

In your situation, where you find yourself facing financial hardship and homelessness after a long-term relationship, there are several steps you can take under California family law.

First, consider filing for spousal support. Given the length of your relationship and the fact that you...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Mom is the higher earner & has the 17yr.dad makes much less.she served me CS paperwork for $400.will judge agree with he

Mother broke up with me and kicked me out.she already had me signed all our property and apartment over to her.she kept our vehicle and claims all our kids on her taxes.mother said she will continue to support our 17 year since I had lost my job.left me on the street.now she changed her mind and... View More

James L. Arrasmith
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answered on Jan 2, 2024

In child support cases, California courts generally consider both parents' incomes and the amount of time each parent spends with the child. If the mother is the higher earner and has primary custody, this will be taken into account in determining the child support amount.

Since you...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can I claim all of my kids for tax purposes.

In late January 2023 I was granted full physical custody of 4 of my children. In April we had a hearing for child support where the judge ordered the petitioner to pay child support, at the same hearing we let the judge know my 3rd oldest child wanted to stay with dad (petitioner) and I would get... View More

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answered on Jan 2, 2024

The right to claim children for tax purposes generally aligns with custody arrangements and support orders. If a judge has indicated in a hearing that you are to claim all the children for tax purposes, this typically should be followed. However, without a formal order or minute order, the IRS may... View More

2 Answers | Asked in Family Law for California on
Q: Does the same judge decide about the finances as the custody in a family law case

Another question is it easy or impossible to fire a temp judge even after he has .ade two judgements

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 2, 2024

I notice your question is posting from Nevada. In California, the case is assigned to a specific courtroom. The case stays there for all purposes and with the same judge assigned to that courtroom. The same judge will decide all issues pertaining to your filed family law case. No, you cannot... View More

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2 Answers | Asked in Family Law for California on
Q: Does the same judge decide about the finances as the custody in a family law case

Another question is it easy or impossible to fire a temp judge even after he has .ade two judgements

James L. Arrasmith
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answered on Jan 2, 2024

In California family law cases, it is typical for the same judge to oversee both custody and financial matters. This consistency helps the judge make more informed decisions as they are familiar with all aspects of the case.

Regarding temporary judges, also known as "pro tem"...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Does the same judge decide about the finances as the custody in a family law case

Another question is it easy or impossible to fire a temp judge even after he has .ade two judgements

James L. Arrasmith
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answered on Jan 2, 2024

In California family law cases, it is typical for the same judge to oversee both custody and financial matters. This consistency helps the judge make more informed decisions as they are familiar with all aspects of the case.

Regarding temporary judges, also known as "pro tem"...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My ex roommate/landlord filled a false domestic violence restraining order, we never dated, how do i get legal help?

He lied on every page of the restraining order and i don’t have the money for an attorney, what are the chances he’ll get away with it? Can he get in legal trouble for doing this? He’s a licensed therapist. How do i fight this if low income and homeless but can’t get help from any free... View More

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answered on Jan 1, 2024

Facing a false domestic violence restraining order is a serious and challenging situation, especially when resources are limited. It's important to understand that even though you're currently unable to afford an attorney, you still have options to defend yourself. In California, there... View More

1 Answer | Asked in Juvenile Law and Family Law for California on
Q: cps ca. case opened, my wife hit me,been4 months. no dispo. report recommends fr. services 70%cmolete, when 100 kid bak?

dispo jan 9th… report says east completion date july 9… services will be complete by feb… accusations embellished, lied about, and contradict same police reports they use to support case. should i go to trial or just do classes, could be done 2-3 weeks after dispo, when complete, am i done?

James L. Arrasmith
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answered on Jan 1, 2024

In California, when dealing with a CPS case, deciding whether to go to trial or comply with recommended services like classes can be a complex decision. It often depends on the specifics of your case, including the evidence against you and the potential benefits of completing the recommended... View More

1 Answer | Asked in Family Law for California on
Q: I am an aunt petitioning for visitation for my nieces and nephew. What are the required forms?
James L. Arrasmith
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answered on Dec 31, 2023

In California, if you are an aunt seeking visitation rights for your nieces and nephews, you will need to file specific legal forms with the court. The process starts with the filing of a petition to establish non-parental visitation. This is usually done using Form FL-300, Request for Order, along... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for California on
Q: I was a party of a case when I was a child. Can I get access or copies to this case?

I see a therapist weekly, I am in the process of healing from my trauma that my parents and brother caused. I have flashbacks and I’m searching for the truth regarding an incident and what really happened, I do not trust my mothers story of events in what happened, and I was too young to... View More

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answered on Dec 31, 2023

In California, you have the right to request access to court records, including cases in which you were involved as a child. However, access to records in cases involving minors, especially those concerning sensitive matters like potential abuse, may be restricted to protect the privacy of the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my siblings mother separate me from my siblings Okay, my siblings mother trying her best to do a problems in my

Father and she doesn't live in the same house with us because my father and she got separated 3 years ago but she is still what a problem to happen I have a strong relationship with my siblings but as you know they love their mother and believe everything she say even if she is laying or else... View More

James L. Arrasmith
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answered on Dec 31, 2023

In California, if you're facing accusations of harm against your sister, it's crucial to take immediate action to protect yourself and your siblings. Gather any evidence you have, such as the pictures of the marks on your siblings and any communications that could support your side of the... View More

1 Answer | Asked in Family Law for California on
Q: What if only one parent was served papers, can someone still get guardianship over my kids
James L. Arrasmith
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answered on Dec 31, 2023

Under California law, the process of obtaining guardianship over a child typically requires that both parents be notified. This is to ensure that all parties have a fair opportunity to participate in the legal proceedings. If only one parent was served papers, the court might still proceed, but it... View More

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