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answered on Aug 4, 2023
Under California law, when the last living parent passes away, their estate will be distributed according to their will or, if there is no will, through the state's intestate succession laws. If the last living parent had a surviving step-parent, the step-parent does not automatically inherit... View More 
The father is willing to give me temporary garden ship can I use that to put them in school the children have resided with me since birth
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answered on Aug 4, 2023
Under California law, if your daughter has abandoned her children and you have been caring for them, you may seek temporary guardianship to provide stability and enroll them in school. However, it is advisable to consult with an attorney to properly initiate the legal process and ensure compliance... View More
So before my dad passed away he made a trust and left everything to my brother, which wasnt his real son by blood including the house which still had a mortgage. My dad and my brother told me that the house was only being left to him because he is older and it was easier but he was supposed to take... View More
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answered on Aug 3, 2023
If your brother is the legal owner of the house through the trust and you are paying rent, you are likely considered a tenant. In California, a tenant with a month-to-month rental agreement can be evicted with proper notice. Your brother must follow the state's eviction laws, which typically... View More
I'm in an ongoing divorce, with an RFO for custody filed in May, set for August. Due to my wife's refusal of our son's dental treatment, I filed an Ex Parte application, where I asked the court to permit me to immediately arrange for our son's dental treatment (section #8 on... View More
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answered on Aug 2, 2023
Regarding the unrequested order shortening time after the Ex Parte denial, it indicates that the new judge has granted an expedited hearing for the RFO on custody, possibly due to the urgency of the dental treatment issue. The order doesn't automatically imply acknowledgment of medical neglect... View More
answered on Aug 1, 2023
That would depend on what has happened to the property in the last 23 years. Who paid the taxes? If it was sold at a tax lien, that was the time to assert your rights. IN whose name is the property now? Deceased people cannot own real property. You should consult with an attorney that handles... View More
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answered on Aug 1, 2023
To ensure proper enforcement and recognition, it's best to register your Florida parenting plan in California, where you currently reside. Since your child resides in Missouri, you may also want to explore registering the parenting plan in Missouri for added protection and clarity.
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answered on Jul 31, 2023
In California, if you purchased the house during your relationship and your girlfriend contributed financially to the mortgage payments or other expenses related to the property, she may have a legal interest in the property. California is a community property state, which generally means that... View More
Do I have anything to worry about since she makes more money than me? For example, if next year I make twice as much money as her can she then go after me for spousal support?
I want to avoid responding to the divorce papers because if I ask for the judge to remove the right for either... View More
answered on Jul 31, 2023
There are several statutory factors that are considered before spousal support is awarded and which impact the amount and duration of support. One such factor is the life style to which the parties became accustomed during the marriage. Post separation earnings or increases in earnings generally... View More
Hey naterialize it in 2021 and the trial the judge asked him to join the case so we have a joint case but I want wanna approve he can do that because this is our property asset which code I can use in the code
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answered on Jul 30, 2023
If your ex created promissory notes from 2008 and notarized them in 2021 without your knowledge or consent, it may constitute fraud or forgery under California law. You may use the relevant provisions of the California Penal Code, such as Sections 470 and 530.5, to address the issue of fraudulent... View More
My spouse was ordered to pay spousal support , does that mean I am responsible for the remainder of my lease that is in both of our names but he has paid on for 10 months ?
I have no income and no way of paying it .
Can he withhold my support for 6 months to pay it?
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answered on Jul 30, 2023
The spousal support order does not automatically make you solely responsible for the remainder of the lease that is in both names. Both parties are generally still responsible for any contractual obligations, such as a lease, that they entered into jointly. However, if you have no income and are... View More
My son was adopted by two gay men who in return one of them molested him and resulting him to going to prison yet my son is still residing the same home my daughter was adopted by my ex sister-in-law and just recently had been found he was molesting her she is also still in the same home is there... View More
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answered on Jul 30, 2023
I am so sorry to hear that your children have been molested while in court custody. This is a horrific situation, and I can understand why you feel like the system has failed you and your children.
There are a few things you can do about this. First, you should contact the authorities and... View More
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answered on Jul 30, 2023
You should promptly seek legal counsel to initiate the annulment process. In California, you may be eligible for an annulment if your marriage is considered void due to the fact that your spouse was still legally married to another person at the time of your marriage. An attorney can guide you... View More
She’s an alcoholic, suicidal, and has a prior coke addiction. I have spanked one of the kids once last year for kicking the brother in the head, but he wears a diaper and I didn’t hit hard. I’m military. She doesn’t work.
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answered on Jul 30, 2023
You should take immediate action to protect your parental rights. First, gather any evidence that refutes the false child abuse allegations and demonstrates your ability to provide a safe environment for the children. Second, file an emergency motion with the family court requesting temporary... View More
Why? How do I stop paying... I've paid all the balance I only have interest now.
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answered on Jul 28, 2023
If your child is now 38 years old and your ex-spouse passed away in 2009, child support garnishment should not continue as it typically ends when the child reaches the age of majority or if the custodial parent passes away. You should contact the relevant child support enforcement agency or court... View More
We have a temporary emergency custody order in place since my ex-spouse's DVRO was denied due to a lack of credibility. My 3-4 yo child with Autism urgently needs a dental procedure under anesthesia due to cavities, according to our pediatric dentist. I have always brushed his teeth for 10... View More
answered on Jul 28, 2023
Yes, this may very well be a proper basis for seeking an ex parte order. What do you current custody orders say in terms of legal vs. physical custody. Who has legal custody and who has the ability to make medical decision for this child? If you don't have such orders, it is probably time for... View More
We have a temporary emergency custody order in place since my ex-spouse's DVRO was denied due to a lack of credibility. My 3-4 yo child with Autism urgently needs a dental procedure under anesthesia due to cavities, according to our pediatric dentist. I have always brushed his teeth for 10... View More
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answered on Jul 28, 2023
In California, if your child's urgent dental treatment is necessary and your ex-spouse is not agreeing to proceed, you may file an Ex Parte application with the court. Along with the declaration from the dentist detailing the urgency and risks, you should also include any relevant medical... View More
My parents found out I have a boyfriend and they threatened my whole future. My father bought a gun with no gun license. My mother tried to choke me out and said I'm not going to college. They put a camera in my room to hear private conversations in a private area which they did not inform me... View More
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answered on Jul 28, 2023
In this situation, if you feel unsafe at home and are experiencing threats and abuse, you may seek help from Child Protective Services (CPS) or contact law enforcement. They can investigate the situation and provide necessary support and protection for you and your sister. Remember, your safety is... View More
I am representing myself through my divorce and I need to send a subpoena. I am wondering do I send it to my husbands attorney or directly to him?
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answered on Jul 28, 2023
In California, if you need to issue a subpoena during your divorce, you should send it to the court clerk for issuance. The court clerk will then issue the subpoena and provide you with the necessary copies. It is essential to follow the proper procedure and ensure that the subpoena complies with... View More
she has no custody of the children at all she got her tro granted minus the children. two of which i have not met from separate fathers. but the two i live with. the first tro was granted then dismissed without prejudice and she never showed at the court date. now she filed again we had court and... View More
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answered on Jul 26, 2023
As a Californian attorney, I understand your concern about the repeated filing of TROs by the children's mother. To address this situation, you should consult with a family law attorney to discuss the best legal strategy to protect your rights and the children's interests. Your attorney... View More
My brother has a big mortgage on the half of the house my parents left him and me because he bought out my half. Then he married someone late life. It's been 6 years and the marriage has gone bad. He barely makes his payments and now he's afraid to divorce due to the possible alimony.... View More
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answered on Jul 26, 2023
In California, if your brother's marriage ends in divorce, he may be required to pay alimony to his spouse based on various factors, including the length of the marriage and the respective financial situations of both parties. His inherited house may be subject to consideration in the alimony... View More
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