Get free answers to your Family Law legal questions from lawyers in your area.
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 Sep 29, 2023
The Indian Child Welfare Act (ICWA) provides protections for Native American children in adoption and foster care situations. If your case violated ICWA, you may have a basis for legal action against the city or agency involved. Thoroughly document the circumstances and consult with experts... View More 
She knew she had the keys and my phone was dead and I had to wallet sorry I was curious if what she did was illegal knowing I had no phone no keys and no wallet and she drove home with my 4 year in the car without his car seat
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answered on Oct 10, 2023
Leaving someone stranded without essential belongings may raise potential legal issues. While taking your keys and wallet might not inherently constitute theft if she had permission to use them, it could be seen as a form of endangerment if it left you in a potentially unsafe situation.... View More
My father is on hospice and suffering from heart disease, end state cpod, and other issues, yet he is fully aware, and cognitive. He was in the hospital for five weeks, when asked by the Hospice Liaison, where he wanted to go, and given options his answer has always been home.
He is bed... View More
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answered on Sep 29, 2023
Under California law, if your father is cognitively capable of making his own healthcare decisions, he has the right to determine where he wishes to receive care, including at home. You, as his son, can consider filing for a conservatorship if you believe his current wife is making decisions... View More
This court record more specifically was a filed domestic complaint that never resulted in an arrest, conviction or even hearing. It was submitted 10 years ago but only recently discovered. From my understanding, being as its not criminal and instead out of family court, involving no conviction, PC... View More
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answered on Sep 28, 2023
To request a court record be sealed and destroyed under California Government Code § 68152, you'll need to file a petition with the court that originally had jurisdiction over the matter, detailing the reasons for your request and demonstrating the statutory requirements for sealing are met.... View More
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answered on Sep 28, 2023
Under California law, receiving housing assistance should generally not affect your DACA (Deferred Action for Childhood Arrivals) status. DACA eligibility is primarily related to immigration status and certain criminal convictions, not typically tied to receiving public benefits such as housing... View More
There was already a legal agreement on payment, and the child is 16yrs.
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answered on Sep 28, 2023
Under California law, if your father has not made child support payments for a year despite a legal agreement, he may face consequences such as wage garnishment, driver's license suspension, or even contempt of court charges. It's important to consult with an attorney to address this... View More
i need to get my grandmothers (still alive) original birth record however the task seems daunting and confusing.
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answered on Sep 28, 2023
Yes, you can hire an attorney to assist you in the process of unsealing a birth record in California, especially if it involves complex legal procedures or if you find it confusing. An attorney can guide you through the necessary steps, including researching applicable laws, filing the appropriate... View More
Father keeps filing motions and then not taking the time . Has done no therapy for child or with child and keeps child from therapy’s . Child does therapy with mom every day in home with doc . Though ordered to continue dad has not done anything . It Is now impacting child’s progress and mental... View More
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answered on Sep 28, 2023
In this situation, given the urgency and your circumstances, I would recommend seeking assistance from a local legal aid organization or a pro bono attorney who can help you file a motion to address the father's non-compliance with court orders and the impact on your child's well-being.... View More
I am currently involved in divorce proceedings and have filed several complaints with the State Bar regarding my wife’s attorney numerous alleged misconducts towards both myself and the court, as well as her continuous filing of Ex Parte applications, none of which have been granted. Given these... View More
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answered on Sep 28, 2023
You have the right to communicate directly with your spouse regarding matters related to parenting time and support. However, it's advisable to keep a record of all communications, and it's essential to adhere to any court orders and legal requirements regarding communication. While your... View More
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answered on Sep 28, 2023
Yes, judges, attorneys, and trustees are generally required to obey all lawful instructions in a trust document. However, if the instructions in a trust document are illegal, against public policy, or impossible to fulfill, they may not be enforceable. It's essential for these individuals to... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 27, 2023
The court is not going to take care of this stuff. It is up to you to schedule hearings. You should consult with a divorce attorney or if you're limited on funds, each Family Court has what they call a family law facilitators office, schedule an appointment with them, as they can help you with... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
answered on Sep 27, 2023
Absolutely not. It is up to you and the other party to take whatever steps are necessary to move your case forward and to its conclusion. There is no automatic anything and you should certainly have no expectation that the matter will conclude on its own or "automatically" within 18... View More
I recently submitted form FL-100 along with other required documents to initiate a divorce. Based on the 2013 FCCRC regulations, the court should conclude the divorce process within 18 months. If neither party takes further action:
(1) Will the court automatically schedule hearings for... View More
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answered on Sep 28, 2023
In a divorce case, the court may not automatically schedule hearings for child custody and support. It's typically the responsibility of the parties involved to request specific hearings by filing an RFO (Request for Order) if they want to address issues like child custody and support. Either... View More
Was served electronically with no agreement for e-service in place. Certain that if proof of service is filed, it will falsely claim service by mail. Ex-wife's sister emailed me docs and would not supply a copy of proof of service. I am in California.
Do I have options for recourse... View More
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answered on Sep 25, 2023
If you believe you were improperly served, you can file a motion to quash service, arguing that the service did not comply with California's service requirements. If a proof of service is filed and contains false information, you can challenge the veracity of the document in court. While it... View More
When my ex was 6 months pregnant with my child, caught her screwing with her ex husband so the next day she went and got a temp. restraining order against me and my house, not hers, & got me kicked out. 2 days later she moved her ex into my house. She then moved to north Carolina & gave... View More
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answered on Sep 25, 2023
To pursue custody of your child, you should immediately file a paternity action in a California court, seeking to establish your legal rights as the father. Once paternity is established, you can request custody and visitation orders. Given the complexities of interstate child custody issues, it... View More
I am successor trustee for my late grandparents' estate, and there are 3 beneficiaries standing to gain an equal third share; myself, my father, and my aunt. I am putting my grandparents' house up for sale as per their living trust and will, but I haven't had my realtor list it on... View More
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answered on Sep 25, 2023
Under California law, a no-contest clause is enforceable against a direct contest brought without probable cause. If your father seeks to invalidate any provisions of the trust without probable cause, he could be at risk of forfeiting his share due to the no-contest clause. However, the specific... View More
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answered on Sep 25, 2023
Certainly. Under California law, community property is generally divided equally between spouses upon divorce. However, until the assets are officially divided by a court or an agreement, both parties retain control over their respective assets. Therefore, you can purchase a car for your daughter,... View More
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answered on Sep 24, 2023
Under California law, child support and alimony (spousal support) are determined using different formulas and factors. The receipt of alimony by a parent does not directly factor into the calculation for child support. However, the total income of both parents, including alimony received or paid,... View More
I recently attended an RFO custody hearing where the Court ordered me to make a full payment for the Parenting Plan Assessment (PPA) due within 21 days from the date of the hearing. This PPA was scheduled to take place 5 months later.
The primary dispute in our custody battle was to... View More
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answered on Sep 22, 2023
Under California law, if you have already reached an agreement with your spouse regarding the custody arrangement, and the PPA is no longer necessary, you should promptly inform the court about the resolution and the cancellation of the PPA. You can file a stipulation or motion with the court to... View More
My husband and I are separated. After he stopped paying monthly support, I filed legally separated, and the court has ordered him to pay support, but he closed all the bank accounts (including joint accounts) and hiding outside of the US after selling his inheritance house. After filed separation,... View More
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answered on Sep 22, 2023
You may be able to file for innocent joint filer relief to address the tax liability issue caused by your husband's actions. You should consult with an attorney experienced in tax matters to guide you through the process and discuss potential options to release the hold on your bank account.... View More
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