Get free answers to your Family Law legal questions from lawyers in your area.
answered on Nov 29, 2023
If you're considering dismissing a non-contested divorce before it's been signed by a judge, it's important to understand the legal implications. In California, you have the option to dismiss a divorce case at any point before the final judgment is entered by the court.
To do... View More
state. Are you aware of any Pro Bono help they can get here in Santa Rosa CA??
answered on Nov 29, 2023
In a situation like this, seeking legal assistance is crucial. Since the father has taken the child to another state, it's important to understand how the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies, as it governs custody issues across state lines.
In Santa... View More
The father has taken our son to a different state and has gotten a restraining order on me. I am not sure how to enforce the original custody order here in sonoma county with the father being in Nevada.??
answered on Nov 29, 2023
To enforce a temporary custody order from California when the child is taken to Nevada, you need to take prompt legal action. First, you should contact your attorney to discuss the situation. If you don't have an attorney, consider consulting one who is experienced in family law and interstate... View More
order?? Also the father has gotten a restraining order on me.
answered on Nov 29, 2023
To enforce a California temporary custody order when the child is taken to another state, you need to take immediate legal action. First, consult with an attorney experienced in family law, particularly interstate custody issues. They can guide you through the process and represent your interests... View More
order?? Also the father has gotten a restraining order on me.
answered on Nov 29, 2023
If the father of your son has taken your son to a different state and violated the temporary custody order, you can take steps to enforce the order and regain custody of your son. Here's a step-by-step guide:
Contact the local law enforcement agency in the state where your son is... View More
I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so
answered on Nov 27, 2023
In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More
The change of my last name is to remove myself name-wise from a family that does not accept my new gender identity, so it is somewhat related if not strictly part of the gender change.
answered on Nov 27, 2023
In California, you have the option to change your name and gender marker simultaneously through a single court process. This includes changing your first, middle, and last name, if desired, as part of your gender transition. The process is designed to be accommodating for individuals undergoing a... View More
I have not seen or spoke with her in a month. She has instructed the manager not to allow me access. Not the first time. Last time I unloaded a I Hual I found my property inside the vehicle. I don't want to be in trouble I would like to get my things?
answered on Nov 27, 2023
In California, the legal rights to access a storage unit generally depend on whose name is on the rental agreement. If the storage unit is in your wife's name and she has instructed the manager not to allow you access, the storage facility is likely to follow those instructions.
Even... View More
I was evicted from my house due to loosing my job and I also had a warrant for my arrested due to not showing up to court. Me and my daughters grandmother (father's mother) had an agreement she would care for her until I get back on my feet. She demanded guardianship after two weeks and I said... View More
answered on Nov 27, 2023
In your situation, it's crucial to understand the legal standing of the grandmother's guardianship claim and the purported no-contact order. If you haven't signed any legal documents granting guardianship and have not been served with any court orders, it's possible that the... View More
answered on Nov 27, 2023
Under California law, to terminate a guardianship and regain custody of your children, you generally need to file a petition with the court that originally established the guardianship. This petition should clearly state your reasons for seeking the termination of the guardianship and demonstrate... View More
Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More
answered on Nov 26, 2023
Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More
The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?
answered on Nov 24, 2023
In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.
In the scenario you... View More
answered on Nov 24, 2023
The Fifth Amendment protects individuals from being compelled to testify against themselves in criminal cases. This means if someone pleads the Fifth during discovery, they are exercising their right to avoid self-incrimination.
However, the situation changes when it comes to using evidence... View More
discovered, do I need to file a special notice in order to have my concerns presented to the courts before the scheduled court date?
answered on Nov 24, 2023
In California, if you have concerns about past accountings in a case that's already scheduled for a biannual accounting in court, it's important to address these concerns promptly and formally. Generally, you would need to file a written notice or motion with the court before the... View More
My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More
answered on Nov 22, 2023
In California, if you are concerned for your child's safety in the custody of their other parent, you can file for an emergency ex parte order. This is a legal action where the court can make immediate decisions about child custody without the other parent being present, based on urgent... View More
My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More
answered on Nov 22, 2023
Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More
My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every... View More
answered on Nov 21, 2023
In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as... View More
My spouse and I only have minimal property between us and we are in agreement about the other keeping what's fair, which is why I am going for a default divorce. In this case, the court would not see my or my spouse's financial information. Since my spouse does not plan on giving a... View More
answered on Nov 21, 2023
In a default divorce in California, if there's no response from your spouse and no marital settlement agreement, the court typically makes decisions about the division of assets and debts based on the information available in the divorce petition. This means that if specific details about... View More
If my spouse does not respond in 30 days and I request a default, does the court just automatically grant this or is it possible to still have a hearing in a default divorce?
answered on Nov 21, 2023
In California, when you request a default divorce, it means your spouse has not responded within the 30-day period after being served with divorce papers. However, obtaining a default divorce is not automatic. After you file for a default, the court reviews your case to ensure all necessary... View More
I plan to petition for default divorce since my spouse is in agreement and we do not have any major assets or properties to settle. If we choose to not have a marital agreement, how does our tax liability settle after the divorce? Would we still be equally liable for the joint taxes on our incomes... View More
answered on Nov 21, 2023
In a default divorce in California, without a specific marital agreement addressing tax liabilities, the court does not automatically settle issues related to joint tax liability. If your divorce petition does not address tax matters, the court typically won't make specific orders about them.... View More
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