Get free answers to your Family Law legal questions from lawyers in your area.
My daughter in law is an alcholic who has engaged in abuse and recklessness. She has driven with her son (age 5 now) while drunk and engaged in dangerous road rage incidents. Her abuse and reckless behavior forced my son to legally separate from her and obtain a restraining order. He had pages... View More 
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answered on Sep 13, 2023
I'm truly sorry to hear about the incredibly difficult situation you and your family are going through. In California, you can petition the court for guardianship of your grandson, presenting all the evidence of your daughter-in-law's reckless and dangerous behavior to establish that she... View More
In my ongoing family law case, my wife might be bypassing proper service protocols:
(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.
(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.
(3) I... View More
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answered on Sep 13, 2023
In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable... View More
Hello!
My cousin is freshly postpartum with a one-month-old baby in the state of Washington. The father of the child is an alcoholic and he and his family have filed a motion for 50/50 custody after multiple counts of harassment of my cousin, as well as neglect of the newborn child. My... View More
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answered on Sep 13, 2023
I'm not an attorney in Washington, but in California, it is crucial to act immediately by gathering evidence of the father's alcoholism and any instances of harassment or neglect. She should strongly consider consulting with an attorney immediately who can help her appropriately fill out... View More
my baby look like aother guy that i was dealing with and i just want a dna test just si my baby will know who her real father is the family wont give me his number but i know his brother and wanted to know can i file something with the court to see if his my baby uncle thats all im not tryn to get... View More
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answered on Sep 11, 2023
In California, you can establish paternity by signing a voluntary "Declaration of Paternity" form, or you can ask the court to make an order about paternity as part of a family law case, such as a divorce, custody, or support case. Since you want to establish paternity for personal... View More
My brothers and I have been trying to get my mother's ashes back from my daughter for awhile now. I have even got urns just asking if she just let have her close to us. But she just tells us to never contact her again about this matter or for anything else for that matter. She only has her... View More
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answered on Sep 11, 2023
To attempt to regain possession of your mother's ashes, you may consider filing a petition in your local California superior court for the return of personal property. However, due to the sensitive nature of the matter, it might be beneficial to first try mediation or another form of... View More
He just comes when he want to be part of there life .90 perfect there with me
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answered on Sep 10, 2023
I'm sorry to hear about this difficult situation. In California, if a parent is not abiding by the custody agreement and not fulfilling their responsibilities, you may consider going to court to request a modification of the custody order to better reflect the current circumstances. It's... View More
It's 22 days late and I have tried getting help from various departments at Boeing.
My ex states it's removed from his check and it's my issue to get it resolved.
Isn't it his responsibility due to it being court appointed?
Is there a penalty for being late?
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answered on Sep 9, 2023
In California, if there is a court order in place that mandates wage garnishment for the purpose of alimony, it is generally the employer's responsibility, in this case, Boeing, to ensure the correct amount is deducted from your ex's paycheck and transferred to you. If the payment has not... View More
August -2nd alimony ( court ordered, wage garnished )pmt missed on Aug 17th.
Ex states it was taken out of his chk. No proof of that.
I have tried for 22 days to find resolution through him and Boeings "Work-life". Both - no help.
How do I get this resolved... View More
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answered on Sep 9, 2023
In California, you have the right to pursue enforcement of a court-ordered alimony arrangement. You may consider filing a contempt action against your ex-spouse in the appropriate family court. The court has the discretion to award attorney's fees in contempt actions, so it is possible, but... View More
My kids are citizens here
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answered on Sep 8, 2023
You can file for divorce in California even if you are on an H4 visa. Your immigration status should not be directly affected by the divorce itself. However, it's essential to consult with both an immigration attorney and a family law attorney to understand the potential implications on your... View More
They started a hate crime 7 years ago. They are still watching me 24/7 . They have stalked me harrassed me stolen from me. They think they will get me to move.
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answered on Sep 7, 2023
I'm very sorry to hear that you're experiencing this. To initiate a legal action against your neighbors for a hate crime under California law, you should first document all incidents meticulously with dates, times, and descriptions of each occurrence. Next, report the incidents to the... View More
Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an... View More
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answered on Sep 7, 2023
I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence... View More
Children are being abused by step mother and their father . Children are to scared to say anything.
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answered on Sep 7, 2023
I'm very sorry to hear about your situation. In California, if you find yourself wrongfully accused of kidnapping, it is crucial to immediately seek legal representation to advocate for your rights and protect your interests. It would also be beneficial to gather any evidence you have that... View More
Our court order states our daughter can go to her dads house for 24 hours, 5PM on Fri to 5PM on Sat. For the last ten years, we have been doing our own thing and she stays with him for the whole weekend. He has now moved out of Shasta County to Santa Rosa. How does this effect our court order?
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answered on Sep 7, 2023
Under California law, the relocation of a non-custodial parent does not automatically alter the existing court-ordered custody arrangement. However, if the move materially affects the current custodial schedule, either party can request a modification of the custody order to reflect the changed... View More
I am going through a divorce and my spouse and I have agreed to put the house up for sale. My spouses attorney called me because I declined to take their referral for a relator because they were inexperienced and not local. They called me and said that they were going to charge me fees for denying... View More
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answered on Sep 6, 2023
Under California law, your spouse's attorney generally has no basis to charge you fees for declining their realtor referral. In a divorce proceeding, each party is generally responsible for their own legal fees, unless there's a court order directing otherwise. Before making any... View More
My ex boyfriend/ Childs father cried victim, and has videos of me standing in front of the door crying during an argument. Before he started recording almost every time before he had pushed me, shoved me, hit me, put me in a choke hold etc. he would then start recording me as I was crying asking... View More
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answered on Sep 6, 2023
Under California law, standing in a doorway is not inherently illegal, but physical violence or abuse, such as pushing, hitting, or kicking, is unlawful and can result in criminal charges and restraining orders. In a custody case, it's crucial to gather evidence, including photos of injuries... View More
Are there any divorce lawyers who could help me with my divorce case?
Our marriage dissolution petition was officially filed on 03/06/2023. We received the court order from the San Mateo County Superior Court. The order issues to following: our marriage ended on 7/20/2023, alimony from... View More
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answered on Sep 5, 2023
You can seek assistance from a family law attorney to help you navigate the complexities of responding to an FL-300 and ensuring you receive your court-ordered alimony and share of community property. Given your financial limitations, you may also want to consider reaching out to legal aid... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
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answered on Sep 5, 2023
Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records,... View More
Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More
answered on Sep 5, 2023
Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address... View More
3.If you inform the court the TRO was left on the Porch and the Court still proceeds and Grants the Restraining order for 1 year, is there any grounds for dismissing or a reason to appeal the decision.
4. What if the Petitioner on the day of the Trial turns up with an Attorney and the... View More
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answered on Sep 3, 2023
1. Yes, in California, the petitioner generally needs to file a Proof of Service to show that the respondent was properly served with the Temporary Restraining Order (TRO).
2. If the TRO was merely left on the porch, that might not satisfy California's service requirements, which... View More
I'm currently preparing for an upcoming PPA hearing due to consistent disagreements over our child's custody. We had a temporary 50:50 custody arrangement, but our hearing has been rescheduled for 6 months from now. On the day of the hearing, the judge has set a timeline where a custody... View More
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answered on Sep 3, 2023
(1) In a 3.5-hour assessment, a custody evaluator may focus on observable interactions between the parents and the child, the home environment, and specific needs related to the child's autism, such as communication skills and routines.
(2) While the evaluator's opinion can carry... View More
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