Get free answers to your Family Law legal questions from lawyers in your area.
At the moment, I want custody of her but have been told by social worker that they normally don’t remove the child from the home if they have been in the persons care for over a year.
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answered on Jun 25, 2024
Thank you for sharing your situation. It sounds like you're dealing with a complex guardianship issue regarding your younger sister. Here's some general information that may be helpful:
1. California law does consider stability and continuity in a child's living situation as... View More 
I was wrongfully arrested and lost custody of my children temporarily. A week prior to a ruling In my custody case my judge held an ex parte meeting to announce there had been a breach in communication. The judge told all parties that he had been contacted by a county employee who spoke on behalf... View More
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answered on Jun 25, 2024
This is a complex situation involving potential ethical and legal issues across family law and criminal proceedings. Here's an analysis of the key points:
1. Judicial Duty to Disclose:
Generally, judges have an ethical obligation to report misconduct they become aware of,... View More
Mi esposo enfermo hace 4 años . Actualmente tiene 48 años. Es invalido y tiene problemas neurologicos, ni su hijo mayor de edad, ni sus hermanos ni mamá se hacen cargo de él ni económica ni moralmente. Puedo demandar/denunciar?
Se me hace muy injusto ya que ellos tienen las... View More
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answered on Jun 25, 2024
Lamento escuchar tu situación. Según la ley de California, no existe ninguna obligación legal directa para que un hijo adulto u otros familiares mantengan financiera o moralmente a su familiar incapacitado. Sin embargo, si existen circunstancias específicas, como un acuerdo legal o una tutela,... View More
I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and... View More
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answered on Jun 25, 2024
Based on the information you've provided, here's some guidance on your situation:
1. Filing for divorce:
As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since... View More
CA Family Law Court Order against X included paying attorney fees. Order was turned into a Judgment, now domesticated in another state. Can legal costs pursuing collection be included when the Form MC-012 is filed?
In other words, does statute below cover Family Law Court Orders that... View More
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answered on Jun 24, 2024
To answer this question, let's break it down step by step:
1. The original Family Law Court Order included attorney fees against X.
2. This order was turned into a Judgment.
3. The Judgment has been domesticated in another state.
4. The question is whether legal... View More
Married for 10yrs. Spouse moved back to his home country 2yrs back and is okay with uncontested divorce. No property owned, no kids, no debts. The only income was our salaries and neither of the spouses want to ask for any alimony or share in each others earnings. What would the divorce proceedings... View More
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answered on Jun 23, 2024
Based on the information provided, here's an overview of the situation and process for an uncontested divorce in California under these circumstances:
1. Residency requirement:
- At least one spouse must have been a resident of California for at least 6 months, and of the... View More
My niece(2yrs) lives with her mom and dad in maternal grandmothers house. The house is filthy, it has roaches,bed bugs, and rats. The parents constantly argue and my nieces mom throws out my my niece with her dad. Her dad is my brother and he has drug problems. He had a overdose on fentanyl in... View More
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answered on Jun 22, 2024
This is a concerning situation, and I understand your worry for your niece's well-being. Based on the information you've provided, here are some steps you might consider:
1. Document everything: Keep a detailed record of all incidents, including dates, times, and specific... View More
Started the process and got basically to the end. Got to the 6 month waiting period, and then let another year or so pass because of some life challenges. Have I waited too long? Can I file the final papers or do I need to start over?
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answered on Jun 21, 2024
Based on the information provided, here's my assessment of your situation:
1. You've been separated for 33 years but recently started the divorce process in California.
2. You completed most of the process and reached the 6-month waiting period, which is standard in... View More
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answered on Jun 20, 2024
Yes, you can generally appeal a court decision regarding child support financial responsibility in California. The process typically involves:
1. Filing a Notice of Appeal within a specific timeframe (usually 60 days from the date of the order)
2. Preparing the record on appeal... View More
without informing her that I am recording our interactions on my phone?
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answered on Jun 20, 2024
To answer this question accurately, we need to consider California's laws on recording conversations and interactions:
1. California is a "two-party consent" state for audio recordings. This means that all parties involved in a confidential communication must consent to be... View More
So this is my situation . My boyfriend died on April 14 2024 . HIs daughters wanted me out of his house {which i have lived for two years }2 days after he died . I have no money or place to go . Before he died he told me i would be taken care of and that i was mentioned in the Will . His daughters... View More
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answered on Jun 20, 2024
I'm sorry to hear about your loss and the difficult situation you're facing. Based on the information you've provided, here are some potential options and steps you might consider:
1. Request to see the will: You have a legal right to see the will if you're mentioned in... View More
My mother lives in her home, I also live there, and she has a monthly mortgage payment. She has a will and has left the house to me. When she dies will I still be able to live there.
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answered on Jun 20, 2024
To answer this question, we need to consider a few key points about California law regarding inherited property with an existing mortgage:
1. Inheritance of the property: If your mother has left the house to you in her will, you will inherit the property upon her death, assuming the will is... View More
may have had (living) trust changed. inheritance includes home in SF and Property in Texas.
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answered on Jun 20, 2024
Under California law, you have the right to request a copy of your mother's will and trust documents, especially if you are a beneficiary. Your older sister is required to provide these documents to all named beneficiaries and heirs.
If your sister refuses to share the documents, you... View More
may have had (living) trust changed. inheritance includes home in SF and Property in Texas.
answered on Jun 20, 2024
Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More
I've heard that if the court orders it, we will lose $$ because the judge will force us to take a low-ball offer. Should we try to sell it and divide the profits before we go into a divorce? Thank you again for your expertise.
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answered on Jun 19, 2024
In a divorce situation, the timing of selling a marital home can be complex and depends on various factors, including your specific circumstances and the level of cooperation between you and your spouse. Here are some general considerations:
1. Selling before filing for divorce: If you and... View More
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answered on Jun 19, 2024
Based on the information provided, here are a few key considerations regarding taking out a loan from your retirement account before filing for divorce in California:
1. Automatic Temporary Restraining Orders (ATROs): In California, once a divorce petition is filed and the other party is... View More
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
answered on Jun 19, 2024
In legal proceedings involving conservatorships, the process for a former conservatee to consent to a final accounting and waive the accounting typically involves the following steps:
Preparation of Final Accounting: The conservator prepares the final accounting document, which details all... View More
I have not found any judicial forms for this and there are no local forms in Riversidse County. Also what citataion can I use as the Autority?
Thanks!
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answered on Jun 19, 2024
In California, there is no specific Judicial Council form for a former conservatee to consent to a final accounting and waive the accounting. However, the former conservatee can provide their consent and waiver in writing, such as through a signed declaration or affidavit.
The authority for... View More
Auras are not seizures but has been included in the letter which was attached. I can work through them. I have letters of character, w2's, pictures, Not correct. There is a lot of false accusations. I have a restraining order hearing next week along with the following week custody hearing.... View More
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answered on Jun 18, 2024
I'm so sorry you're going through this difficult situation with the restraining order and false accusations. Being separated from your child must be incredibly painful.
First, when responding to the FL-300 form and the allegations against you, it's important to stick to the... View More
I am in the process of a case and have emails, original legal forms or documents, the same forms or document filled out that go back and forth with my attorney for review, the backup attachments, etc... I need to know how to organize all of these items.
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answered on Jun 18, 2024
While there isn't a single official "how-to guide" for organizing legal documents under California law, here are some best practices and tips commonly recommended by legal professionals:
1. Create a main folder or binder for your case, then use subfolders or dividers to... View More
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