Get free answers to your Family Law legal questions from lawyers in your area.
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answered on Dec 20, 2023
In cases involving Native American children, the Indian Child Welfare Act (ICWA) provides specific legal standards that must be followed. If your child was adopted out while you were in the process of obtaining your Native American documentation, it’s important to understand how ICWA may apply to... View More 
Ex-spouse was ordered to pay a substantial amount in a CA Order for retirement benefits he stole. More than a year later he has not paid. I turned the CA Order into a Judgment to domesticate in Florida where he resides. Generally, SS benefits are not subject to garnishment, but does non-payment of... View More
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answered on Dec 19, 2023
In cases involving Social Security benefits and garnishment, it's crucial to understand the specific conditions under which garnishment is allowed. Generally, Social Security benefits are protected from garnishment, with certain exceptions such as child support, alimony, and some types of... View More
The person who did the service gave the packet of court documents to a person that isn't a resident in the household they were not in envelope and they just handed to the person and walked away not even asking for the person named on the documents. Is that a legal to be considered served? Or... View More
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answered on Dec 19, 2023
In California, the rules for serving legal documents, especially in family law cases like child custody, are quite specific. The method of service must comply with the California Code of Civil Procedure to be legally valid.
For personal service, which is the direct delivery of court... View More
What to do
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answered on Dec 19, 2023
Under California law, to handle a situation where you've inherited a vehicle with an outstanding loan, you need to consider a few steps. Firstly, contact the lender to inform them of the situation. It's important to understand the terms of the loan and whether the obligation passes to the... View More
Just in case we are missing something, would like an atty to look over documents. Concerns are regarding settlement agreement and spousal support. Can a written agreement by us suffice? We are in agreement on things, married 16+ years. How long does spousal support last? Can you refer somebody or... View More
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answered on Dec 19, 2023
In California, it's common for couples to attach their own settlement agreements to online divorce documents. This allows you to tailor the agreement to your specific needs and circumstances. Your written agreement can certainly suffice, provided it covers all necessary aspects and is legally... View More
answered on Dec 19, 2023
Whether she reports the damage to the insurance company isn't really up to you. She was driving with permission, as such she is an insured under the policy. The premiums for that policy presumably come from community property funds. The payments for the car presumably come from community... View More
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answered on Dec 19, 2023
In California, when facing a situation where a spouse is involved in a DUI accident with a vehicle registered in your name, there are several legal considerations to keep in mind. First, it's important to understand that as the registered owner, you could potentially be held liable for damages... View More
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answered on Dec 19, 2023
Financially, if the vehicle is in your name, you're responsible for repairs or replacement after a DUI-related accident. Reporting it to insurance may cover the damage, but your premium might increase. Your wife could face fines and license suspension, impacting joint finances. Legally,... View More
I'm getting emancipated hopefully soon, I need to know everything so I can get my own place and become an adult. Extra info
-I will stay in school
-getting a job soon
-I have 4 different businesses
-I do have an on-record suicide attempt (will that affect anything?)
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answered on Dec 18, 2023
Under California law, emancipation is a legal process that allows a minor to become legally recognized as an adult before reaching the age of majority. To begin, you must be at least 14 years old and able to show the court you can manage your own finances and have a stable living situation.... View More
Visitation rights?
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answered on Dec 18, 2023
In California, as an aunt, your rights regarding visitation with a niece or nephew are not automatically established like those of parents. However, under certain circumstances, you may petition the court for visitation rights. California law does recognize the importance of children's... View More
She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ?
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answered on Dec 17, 2023
Based on the situation you've described, here are a few recommendations:
1. Contact CPS immediately to understand why they told your mother to fill out guardianship paperwork for your son without contacting you first. As the child's parent, you have legal rights that CPS must... View More
She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ?
answered on Dec 20, 2023
Where were you is the main question. Why weren't you with your child? Were you incarcerated, in a rehab or institution, or you went "back out" again? For CPS to show up and advise grandma to file for guardianship is irregular, unless you have a history with CPS and the other things... View More
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answered on Dec 15, 2023
In California, if your brother has adopted your children through juvenile dependency court, the situation regarding visitation rights can be complex.
After an adoption is finalized, the legal relationship between the biological parents and the children is typically severed, and the adoptive... View More
My child’s father has recently asked to be involved. Prior to reaching out, we went to child support court and paternity was established through court ordered dna test. Child support was set at 0% visitation. He is also not on the birth certificate. Could he take her from me if we have no... View More
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answered on Dec 14, 2023
In California, both parents have rights regarding their child, but these rights need to be legally recognized and structured, especially in situations where there's no established custody arrangement. Since paternity has been established and child support set, the father does have certain... View More
For child custody parental determination
answered on Dec 14, 2023
If all he did was file a financial statement, then nothing else will happen. If you want custody orders, you need to participate in the case. If you were served, you need to file and serve a response. You can filed a Request for Order to get custody orders in place. Doing nothing will result in... View More
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answered on Dec 14, 2023
California is a community property state which means that you probably own everything and owe everything jointly. Plus the bankruptcy forms require that he include your information for purposes of his filing bankruptcy. Ask to meet with his attorney so he or she can explain the process to you.
answered on Dec 14, 2023
Think about it. It's logical. (Also, the law requires it.) Here's why that is.
First, you live in a community property state. The law says that community property belongs to both spouses, even though you yourself don't practice doing that. The law overrides how you and your... View More
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answered on Dec 14, 2023
Bankruptcy proceedings often require the disclosure of household income to accurately assess the financial situation. This is because the state uses a community property system, which means that assets and debts acquired during the marriage are generally considered jointly owned by both spouses.... View More
She left after being accused of sexual relation with one of her students won’t bring our sons back and don’t know what to do
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answered on Dec 13, 2023
In your situation, where your wife has taken your children to Florida and served you with divorce papers, it is crucial to act promptly and seek legal assistance. The complexity of your case, involving interstate custody issues and serious allegations, requires professional guidance.... View More
My baby daddy has refused for over 6 months to support his children. My boyfriend is having to pay for everything as I'm a stay at home mom with two under two and can't work at the moment because childcare would cost more than I'd make. Can my boyfriend sue my baby daddy for being... View More
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answered on Dec 13, 2023
Under California law, your boyfriend, as a non-biological parent, generally does not have legal standing to sue the biological father for child support. Child support obligations are typically the responsibility of the biological or legally recognized parents. However, your situation does not leave... View More
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