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California Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: Private party car purchase, can the seller repo the car I bought 3 years ago without notifying me? What is legal?

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

James L. Arrasmith
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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

2 Answers | Asked in Family Law and Child Support for California on
Q: What qualifies as proof of daycare?

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

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2 Answers | Asked in Family Law and Child Support for California on
Q: What qualifies as proof of daycare?

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

Tobie B. Waxman
Tobie B. Waxman
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

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2 Answers | Asked in Family Law and Child Support for California on
Q: If my current boyfriend is paying for my children's costs because their biological dad refuses - can my boyfriend sue?!

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

James L. Arrasmith
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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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1 Answer | Asked in Divorce and Family Law for California on
Q: When does a judge order the house to be sold in a divorce?

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce and Family Law for California on
Q: Can i relocate my divorce finalization case from Santa Clara county to Orange County (in CA) where I'm currently living

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law for California on
Q: How do I enforce my right as spouse to make end of life decisions for my husband?

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.

James L. Arrasmith
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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

2 Answers | Asked in Divorce, Real Estate Law, International Law and Family Law for California on
Q: My ex-husband and I are Taiwanese citizens with a property in the United States. He is refusing to sign over the house.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Adoption for California on
Q: I need an experienced lawyer for cps they terminated my parental rights but I put in for an appeal I need help

What is the best thing to do

James L. Arrasmith
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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

1 Answer | Asked in Family Law and Child Custody for California on
Q: Any advice I can get about my child’s father not wanting me to communicate when it comes down to coparenting?

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

James L. Arrasmith
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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...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody)

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

James L. Arrasmith
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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...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I move out of state with my children if I have a custody agreement in that state (I have full physical custody)

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

Tobie B. Waxman
Tobie B. Waxman
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

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1 Answer | Asked in Family Law for California on
Q: I accused my dad in 2019 when I was 12 that he abused me. Now that I am 16 I want to cause him again. what is the proces

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...
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2 Answers | Asked in Family Law and Child Support for California on
Q: Minute order for CS was drafted on 4/23. Minute order was review & amended. Can I get retro CS since it was a court erro

Petitioner was order to pay child support but minute order was worded incorrectly by the courts clerk on 4/23. I recently request it to be reviewed and amended. They finally sent the new correct minute order, I’m self represented so I didn’t know I could do this even though I repeatedly talked... View More

James L. Arrasmith
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answered on Dec 8, 2023

Good morning,

If a minute order for child support was initially drafted incorrectly and later corrected, it's possible to enforce child support retroactively. Generally, child support is enforceable from the date it was originally ordered by the court, even if the written order was...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: I filed a response to nulity asking for visitation and my ex filed for a restraining order

My ex filed for nulity 7/2022. I was told if I did not respond, she could file for default. I did not respond, she did not file for default. In 6/2023, I filed my response. In 11/2023 I filed a request for order including asking for visitation with our children. As soon as she heard that I had... View More

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answered on Dec 7, 2023

In your situation, it's important to respond diligently to the restraining order allegations. Under California law, even if a request for a domestic violence restraining order is initially denied, a hearing will be set to determine the validity of the claims. During this hearing, both sides... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Is husband entitled to half of my retirement earned during the marriage or can the parentage be reduced due to my

financial circumstances

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answered on Dec 7, 2023

Under California law, retirement benefits earned during a marriage are generally considered community property. This means that your spouse may be entitled to a share of the retirement benefits you accrued during the marriage. However, the division is not automatically a 50/50 split; it can be... View More

2 Answers | Asked in Family Law and Juvenile Law for California on
Q: Is it wrong that my boyfriend's mom falsely accused him of doing drugs just to send him to juevenile detention?

His mom accused him that he was a gang member and he did drugs just to send him to juevenile, Hes not like that and he told me he will never do those things. They can even drug test him and it will come out negative. Please help

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answered on Dec 7, 2023

In California, as in many places, falsely accusing someone of criminal activity, such as drug use or gang involvement, is a serious matter, especially when it leads to juvenile detention. If your boyfriend's mother made these accusations without any basis in fact, it could be considered... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Can a petitioner request a continuous

The petitioner for restraining order is trying to file a continuous

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answered on Dec 5, 2023

In California, a petitioner seeking a restraining order can indeed request a continuance of the hearing. This request is typically made if more time is needed to prepare the case or if unforeseen circumstances arise. To request a continuance, you should file a motion with the court, explaining the... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I wish to divorce my husband but he's not willing. Where or how do I start?

I need a low cost lawyer that can help me.

Tobie B. Waxman
Tobie B. Waxman
answered on Dec 5, 2023

You do not need his permission or consent to proceed with a divorce. You can file the petition and have him served. If he does not respond, you can proceed by default. In terms of finding a "low cost lawyer" - "low" is in the eye of the beholder. You'll need to make... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I wish to divorce my husband but he's not willing. Where or how do I start?

I need a low cost lawyer that can help me.

James L. Arrasmith
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answered on Dec 5, 2023

In California, you have the right to file for divorce even if your husband is not willing. The process begins by filing a petition for divorce in the Superior Court in the county where you live. You don't need your husband's consent to start this process.

To find a low-cost...
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