Get free answers to your Family Law legal questions from lawyers in your area.
22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More
I'm in California
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023
Under California law, all property acquired during the marriage is presumed to be community property unless it can be traced to a separate property source. If a friend buys you a car while your divorce is pending, the car may be considered community property if it's not clear that the gift was... View More
A Spanish speaking mother from Tijuana, Mexico who's one year old son was taken from her by CPS at the hospital during an emergency room visit following an injury suffered by the child. Was not provided a translator at the time of this event.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
To find pro bono bilingual Spanish/English-speaking family law legal professionals, you can contact local legal aid organizations like the Legal Aid Society or the San Diego County Bar Association, which may have resources or referrals for such cases. Additionally, you can reach out to the Mexican... View More
In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More
answered on Sep 20, 2023
Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More
I did not know I was divorced until many years later when I found out he was cheating on me and I went to an attorney to get legal advice. I was told he got all the assets and full custody, my two younger kids were 15 and 13, he never gave me a penny for alimony and used my kids against me esp my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
If your husband divorced you without your knowledge and consent, it may be possible to challenge the validity of the divorce proceedings in California. You should consult with an attorney to review the specific details of your case and explore potential legal actions, such as seeking to nullify the... View More
I am listed as other parent on VDOP. Mother of child and I broke up, she refused for me to have any contact or knowledge about our child (3y) until I took her to court and fought for custody time. During the 6 months that child was kept from me, the mother contacted the biological father. /child... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, you can request a modification to your visitation order within the existing court case that pertains to custody and visitation. You would typically file a motion to modify the visitation order in the same case, rather than initiating a separate case. Consult with an attorney to... View More
My money was being held in their account and they spent it all without my consent or knowledge. Their divorce is almost done they sold their home and have the money in a trust until case settles.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In your daughter's divorce case in California, it is not appropriate to write a demand letter to the judge. Instead, you should consult with an attorney to explore legal options for recovering the money that was spent without your consent or knowledge. Your attorney can advise you on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, it's typically better to consult with your attorney and follow their guidance regarding whether to attend a child custody hearing in person or via video call. The decision may depend on factors such as the nature of the case, health and safety considerations, and the... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, spousal support is typically calculated based on various factors, including the length of the marriage, each spouse's income, earning capacity, and standard of living during the marriage. While the parties can agree on spousal support terms, a judge may modify them if they find... View More
My wife petitioned for divorce and we want an agreement for our divorce. I am the breadwinner, and my wife receives disability. How to calculate spousal support? Does the judge modify it even if the parties agree?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, calculating spousal support considers factors like the length of the marriage, the earning capacity of each party, contributions to the household, the established standard of living, health, age, total assets and debts, tax implications, instances of domestic violence, and the goal... View More
My daughters mom is threatening me to take me to court for that, she has sent my daughter with bruises and scratches before and I’ve never said anything but when I told her about the bite my son gave my daughter she said she was taking me back to court for that.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023
In California, a child custody dispute typically considers the best interests of the child. Isolated incidents, such as a toddler biting a sibling, are unlikely to result in a significant change in custody arrangements. However, it's essential to consult with an attorney who specializes in... View More
Prove he is on drugs so I can get my children back in my care
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2023
Proving that a family member with custody of your children is using drugs and ensuring the safety of the children requires a careful approach. Document any evidence of drug use, consult with a family law attorney for guidance, consider involving Child Protective Services (CPS) if there are... View More
I want to leave and the same day u leave I want to leave to Texas that is we’re I have my mom and family for help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
To start the divorce process in Los Angeles, California, you can:
1. Consult with an attorney or a self-help center to understand your legal rights and options.
2. File a Petition for Dissolution of Marriage with the local family court.
3. Serve the divorce papers to your... View More
My wife just doesn't like the school or kindergartner goes to. She really has been looking for a reason to pull our kid. Well one day after work 3 days ago. She tells me shes never going back cuz a kid is mean to her, she claims its abuse. And shes pulling her that day. After a yelling match... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023
Under California law, both parents typically have equal rights and responsibilities regarding decisions related to their child's education. If your wife has unilaterally withdrawn your child from school without a legitimate reason and without an alternative school in place, you may consider... View More
My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a... View More
The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More
Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More
I have not once been heard by the judge. I have followed every order, proved my stability, and proved the slander against my character wrong. However, she only listens and considers text messages between my ex and my mother. My mother who is vindictive and will do anything to see me fail. I only... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In situations where you feel that the judge is being unfair or dismissive, it is often beneficial to make sure all of your statements and evidence are well-organized and clearly presented. You might consider being represented by an attorney who can help to effectively present your case, including... View More
My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent... View More
My father married my stepmom in 2008 exactly a year later he created this Will. I know he has created other Will's but Stepmom states this is the only one she has. With this 2009 Will, am I still able to get items from their house? This would include my families home videos from when me and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023
I'm sorry for your loss. In California, the distribution of assets and personal belongings following a person's death is generally governed by the most recent valid will that the person created before their passing. If you believe that a more recent will exists, you may consider speaking... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
