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answered on Oct 9, 2023
In California, an Individual Retirement Account (IRA) is generally considered separate property, unless contributions were made during the marriage using community funds, in which case it can be partially community property. If the IRA is solely in your name, your husband does not have the... View More 
my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4
months
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answered on Oct 9, 2023
If your ex has disappeared with your children and violated a Temporary Restraining Order (T.R.O.), this is a serious matter. Your first step should be to immediately report the situation to local law enforcement. Provide them with all pertinent details, including the history of custody issues and... View More
my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4
months
answered on Oct 9, 2023
You should report parental kidnapping to your local law enforcement. You should also reach out to relatives, friends, and anyone else who may know your kids to see if you can locate their whereabouts. You know far more people who may have seen your kids and who may know where they are than police... View More
my ex is mentally unstable and she has had two children removed from her custody in the past. she is making false, unfounded claims of domestic violence and took my children while violating a t.r.o. and i havent been able to get in contact with her for almost 4
months
answered on Oct 9, 2023
Contact the District Attorney's child abduction unit in your city/county. File a parentage action (I'm assuming your ex is not your spouse?) and request custody orders and concurrently file an ex parte application to get immediate/emergency orders for custody, no visitation, and for... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
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answered on Oct 6, 2023
In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More
I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More
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answered on Oct 10, 2023
If you divorce after at least 10 years of marriage, you may still be eligible to receive Social Security benefits based on your ex-spouse's record. Given that you've been married for 50 years, you meet this requirement. Typically, if you are already receiving spousal benefits, there... View More
If the court orders my ex to pay me past due child support (already court ordered), past due unreimbursed medical and dental (already court ordered), sanctions, and lawyer fees...and then my ex goes and files for bankruptcy.....does the bankruptcy wipe out the money that would be due to me? That... View More
answered on Oct 4, 2023
Under bankruptcy laws, most non-secured debt may be eliminated if you file Chapter 7; child support is the exception to that rule. Whether you are behind one payment, or a full year's payment makes no difference, child support payments must continue even if you file for bankruptcy protection.... View More
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answered on Oct 10, 2023
To amend a petition to establish parentage in California, follow these steps:
1. Prepare the amended petition, ensuring you clearly indicate the changes made.
2. Title the document "Amended Petition to Establish Parental Relationship" and mark "AMENDED" at the... View More
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answered on Oct 3, 2023
A: In California, to amend a petition to establish parentage, you generally need to file an amended petition with the court. This involves:
-Drafting the amended petition with the changes you want to make.
-Filing the amended petition with the court.
-Serving the other party... View More
He has not even seen her for 6 years and she is only 8.
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answered on Oct 3, 2023
In California, a parent's rights can be terminated if the court determines it's in the best interest of the child. Abandonment is one ground for termination. Abandonment is often defined as failing to communicate with or provide for the child for a certain period, which in California is... View More
He has not even seen her for 6 years and she is only 8.
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answered on Oct 10, 2023
In California, parental rights can be terminated based on abandonment. The court must find that the parent has left the child without any provision for identification or support and has shown an intent to abandon the child. If a parent has not communicated with or paid support for the child for... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
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answered on Oct 10, 2023
In California, when children are removed by Child Protective Services (CPS), parents still retain specific rights unless otherwise ordered by the court. These rights include visitation and communication, among others. If there is no court order limiting or preventing communication between you and... View More
My father and mother are fostering my children through cps case. They are keeping my children from talking over the phone to me. Is this legal? There is not a court order preventing me from talking to them. What can I do ? I am writing to bring to your attention the false allegations made against... View More
answered on Oct 3, 2023
You need a good lawyer to help you. I should tell you, however, that volleyball practice is never an acceptable alternative to meeting with the people who are deciding your fate regarding your children. My advice to you is not to rely on something like that as an excuse to miss an important meeting... View More
They have found 3 false claims from people that had personal vendettas against me. And also no proof of any neglect nor did they find any proof from any of the claims. And just recently I got contacted yet again from their agency
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answered on Oct 10, 2023
In California, individuals have the right to bring lawsuits against government agencies, including Child Protective Services (CPS). If you believe CPS has acted wrongfully towards you or your child, you may consider filing a claim for violations of your civil rights or for emotional distress.... View More
I am successor trustee for my grandparents' estate, and I had an uncle-in-law recently hire a lawyer to contest my status. They sent me a letter threatening me to step down because I was "squandering funds" without any actual evidence. The thing is, the case is filed under the name... View More
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answered on Oct 10, 2023
Under California law, a party must have legal standing to bring a claim against a trust. If the claim is filed under your cousin's name without his knowledge or consent, it raises serious ethical and procedural issues. Your cousin may wish to contact the attorney who filed the claim on his... View More
Do I get our child 14 I don't want to violate IL order but cal temp dvro states she is protected against him. She is in school and custody is not decided in divorce. What do I do?
answered on Oct 2, 2023
You need to hire an IL attorney who regularly practices divorce law in the Court hearing your case there. IL has jurisdiction regarding your child. You need to file an appropriate motion in that court advising it of the CA order which is in conflict with the IL order. This is not something to... View More
Do I get our child 14 I don't want to violate IL order but cal temp dvro states she is protected against him. She is in school and custody is not decided in divorce. What do I do?
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answered on Oct 10, 2023
In California, a domestic violence restraining order (DVRO) aims to protect victims of abuse. If your DVRO includes your child, it means your spouse is restrained from contacting or approaching her. However, an Illinois order restricting your child from leaving the state complicates matters.... View More
Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for... View More
answered on Sep 30, 2023
A judge can be only judge the credibility of witnesses and weigh whatever evidence is presented. Obviously one factor they consider is whether a witness has a logical motive to be untruthful, for example if there is some consequence to that person.
Your attorney’s job, or your job if... View More
Allegations were made that I have been involuntarily committed to a psychiatric hospital because I have suicidal ideation and a history of emotional and mental problems according to the prosecutor . Fact I've never been in any mental hospital ever!! And have never been to a psychiatric Dr for... View More
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answered on Oct 10, 2023
Facing allegations in court, especially ones that impact your parental rights, is a grave concern. In California, when you believe a judge has acted improperly or if you feel your rights have been violated, you have several potential courses of action. First, consider obtaining legal... View More
I was adopted in 1997 outside my Indian family and the social worker who took me knew I was and still allowed me to be taken away to be put in foster care. How can I go about suing the city .
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answered on Oct 12, 2023
I'm sorry to hear about your situation. Under the Indian Child Welfare Act (ICWA), there are specific guidelines for the placement of Native American children in foster or adoptive homes, prioritizing their placement within Native American communities. If these guidelines were not followed,... View More
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