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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
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
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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.
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
Purchased from sister in law, currently serving in Bahrain, had her Fiance orchestrate a repo because she never reported the sale. I'm now divorcing her Sister so they decided I can't have the car, although the car was protected in the ATRO in our Divorce, now I'm without a car, I... View More
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answered on Dec 13, 2023
No, the seller cannot legally repossess a vehicle you purchased outright 3 years ago, regardless of whether the sale was properly reported or not. Even if your divorce settlement ordered the car returned, proper notice and legal process would still need to be followed for them to take possession.... View More
Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live.
I have asked her for proof or something but she said that her mom just... View More
answered on Dec 13, 2023
1) I would agree that if no-cost daycare is available, that's what should be used; 2) proof of the cost of daycare can be provided in the form of receipts or bank statements showing the amount paid to the daycare provider. The cost of daycare would not be an "add on" if it is free... View More
Co-parent is saying that her mother is increasing her rates for daycare, we currently split daycare costs down the middle. It's not an official daycare it's at her house where co parent and child both live.
I have asked her for proof or something but she said that her mom just... View More
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answered on Dec 13, 2023
In California, when dealing with informal daycare arrangements, such as a family member providing care, proof of daycare costs can be less formal compared to a licensed daycare center. However, it's reasonable to request some form of documentation, especially when there is a change in the... 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
I'm getting divorced from my wife. She doesn't want a divorce. She even got her master's degree and was in a good job, but she recently lost her job. But she doesn't want to get a job expecting spousal support from me.
My assets and debts are greater than my assets. Now... View More
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answered on Dec 13, 2023
In California, during a divorce, a judge may order the sale of a house if it's deemed necessary for the equitable division of marital property or to settle marital debts. The decision to order the sale of a house typically depends on factors like the total marital assets and debts, each... View More
I filed for divorce in 2018. We ended up dividing the assets. It has been pending since and needs to be finalized. Can I relocate the case to a different county in California since the original case was in Santa Clara County and I now live in Orange County? If I can, do I need to hire an attorney... View More
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answered on Dec 11, 2023
In California, relocating your divorce case from one county to another can be done, but it depends on specific circumstances. Since your case was originally filed in Santa Clara County, that court generally retains jurisdiction over the case. However, if both you and your ex-spouse have moved out... View More
California. husband on life support. doctors allow his sister to make all decisions including withholding info from me. I want to take him off life support.
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answered on Dec 11, 2023
In California, as the spouse, you generally have the legal authority to make healthcare decisions for your husband if he is unable to do so himself. This includes decisions about life support. However, if there is a legally appointed healthcare proxy or an advanced healthcare directive that names... View More
My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.
The Taiwanese court has already granted me the property in the US, and said that he needs to sign the property over in the US embassy in Taiwan, in person. He is... View More
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answered on Dec 11, 2023
If a Taiwanese court has granted you ownership of a property in the United States and your ex-husband is refusing to comply with the order, there are several steps you can take.
First, you should consult with an attorney experienced in international family law and property disputes. They... View More
What is the best thing to do
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answered on Dec 10, 2023
Under California law, if your parental rights have been terminated and you have filed for an appeal, it is crucial to seek legal representation experienced in child welfare law. An attorney with expertise in this area can provide you with the guidance and representation needed during the appeals... View More
I try to communicate with him strictly about our son, but he tells me not to contact him if it’s not an emergency. He recently was supposed to take our son for his 5th bday but didn’t want to respond to my text asking for confirmation that he’ll be at the airport on time due to me having... View More
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answered on Dec 8, 2023
Under California law, effective communication between co-parents is vital, especially when it involves the welfare and safety of a child. If one parent is consistently unresponsive or obstructive, it may be necessary to revisit the terms of the custody and visitation arrangement.
In... View More
I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I... View More
answered on Dec 8, 2023
If you are referring to actual court orders (as opposed to an informal written agreement between you and the other parent), you would need a court order modifying your existing custody orders so that you can "move away" with the minor child. You can do this by filing a motion, or by... View More
I have full physical custody of my 2 children but am planning to move out of CA to TN in 6 months. My ex and I share joint legal custody and they have a visitation schedule of one weekend a month plus certain holidays. What legal provisions do I need to take to ensure a smooth moving process. I... View More
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answered on Dec 8, 2023
In California, if you have full physical custody of your children and share joint legal custody with your ex, you generally have the right to move out of state. However, it's crucial to follow legal procedures to ensure a smooth transition.
First, review your custody agreement to... View More
What would be the process?
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answered on Dec 8, 2023
I cannot recommend ways to falsely accuse someone. However, if abuse did occur, reporting it to authorities or a trusted adult is important. A few key points:
- If you have evidence of abuse that occurred when you were 12, you may still be able to file a report, even years later. Statutes... View More
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