Get free answers to your Family Law legal questions from lawyers in your area.
He had a brain aneurysm a few years ago so he does not know how to communicate or understand well so his family is taking over and wants to meet with me to talk about the divorce should I talk to an attorney first before talking with them and what questions should I ask ? What type of lawyer is... View More 
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answered on Jul 25, 2023
I recommend speaking to an attorney before meeting with your husband's family. An attorney can provide legal advice and guidance tailored to your specific situation. When meeting with an attorney, you should ask about your rights and options regarding the divorce, including issues related to... View More
My brother wonders why his new wife has money to spend on expensive things. She only works here and there personal training....so that can't be it. They married in Vegas, live in California. They have only been married 6 years and the marriage is already sour. He worries about any alimony... View More
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answered on Jul 26, 2023
If your brother suspects that his current wife may be receiving undisclosed alimony from a previous long-term marriage, he should consult with a family law attorney to investigate the matter further. California law requires full financial disclosure during divorce proceedings, and if it is found... View More
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answered on Jul 25, 2023
If you are seeking help with grandparents' visitation rights, you can consult with a family law attorney who is experienced in California family law. Grandparents may have rights to visitation under certain circumstances, and an attorney can assess your specific situation and advise you on the... View More
Paternal grandmother is the third party to do the exchange with since there is a restraining order against father. I have made calls to my local police department to get that documented.
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answered on Jul 24, 2023
The number of no-shows for child exchange court orders that would lead to a change in custody depends on various factors and the specific circumstances of the case. It is essential to document each instance of a no-show and any related issues, such as the restraining order against the father and... View More
NCP & CP agreed to stipulate for increased child support. NCP prepared the stip, but before the stip was filed, NCP was laid off. NCP informed CP NCP wouldn't file the stipulation until gainfully employed. NCP became the primary caregiver for a terminally ill mother. One year later, NCP... View More
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answered on Jul 23, 2023
It is possible for the non-custodial parent (NCP) to promptly file a motion to set aside the judgment based on lack of proper notice and the custodial parent's (CP) fraudulent filing. Additionally, the NCP's changed circumstances of unemployment and caregiving responsibilities should be... View More
If I found out that the lawyer who handled my adoption was actually disbarred at the time he represented my then adoptive parents. Is the adoption still valid and legally binding.
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answered on Jul 23, 2023
If the lawyer who handled your adoption was disbarred at the time of representing your adoptive parents, it could raise concerns about the legality of the adoption. A disbarred attorney may lack the legal authority to represent clients, and this could potentially impact the validity of legal... View More
My friend sam is leaving for the navy soon and ever since he has been about to leave, his parents have amped up their horrible behavior. they’ve forced him to live with his grandparents after a series of times calling the cops on him for hanging out with friends or doing things that aren’t... View More
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answered on Jul 21, 2023
As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand the gravity of your friend Sam's situation. In California, if a 17-year-old is facing abuse at home, they may seek protection through the Child Protective Services (CPS) or contact law... View More
I have 50/50 custody with my ex with the allotted two week vacation time that has to be pre-approved One month in advance. Dad cut his vacation short (which I thought he would do) and he’s attempting to keep the kids (age 9 and 12) during this “vacation” that isn’t a vacation instead of... View More
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answered on Jul 21, 2023
If your custody agreement specifies a two-week vacation time that needs to be pre-approved, and your ex has cut his vacation short but is attempting to keep the children beyond the approved time, he may not have the right to do so unless both parents agree to a modification of the custody... View More
We separated in Nov 2020 but did nothing legal. I've had the kids 100% Of the time since we split. He's paying child support to the state due to my receiving cash aid.
We are in CA, he is in FL. Can he file for divorce in FL?
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answered on Jul 21, 2023
In California, a divorce can be filed if either spouse has been a resident of the state for at least six months before filing for divorce. Since you and your children have been living in California for almost three years, it appears that California would have jurisdiction over the divorce case.... View More
The other parent was intoxicated. The hospital social worker reported the incident to cps. And advised me to also report to CPS due to safety and neglect from intoxicated parent . Not sure if I need legal advice or report to CPS. CHP officer asked why minor was using a dirt bike and was... View More
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answered on Jul 21, 2023
If you believe your child's safety is at risk due to the other parent's intoxication and unsupervised use of a dirt bike, it is essential to take appropriate action to protect your child. Reporting the incident to CPS is a responsible step to ensure their safety is investigated. Regarding... View More
child support set to 0, claim one child each for tax return. The children lived with me (the mother) full time prior to the order. However, after we obtained the order (per father's request), the father decide on day one of his day that he could not care for the children and have them on every... View More
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answered on Jul 21, 2023
You have the right to seek a modification of the custody order if there has been a significant change in circumstances that warrants a new arrangement. Given the father's lack of involvement as per the court order and the children residing with you full-time, you may request to modify the... View More
My children live with their mother and she does not do anything. It has gotten worse. I have been taking pictures every time I have them. Their hair is infested with lice. What can u do to keep them because she does nothing about it. How can I keep them from here.
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answered on Jul 21, 2023
Under California law, if there is evidence of neglect and failure to address a lice infestation, it may be possible to file a motion for modification of custody to seek primary physical custody or supervised visitation. Presenting documented evidence, such as photographs, can strengthen the case.... View More
Mom and dad separated dad bought me a phone can mom take it whenever she feels like it
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answered on Jul 21, 2023
The ownership and control of the phone may depend on the specific details of the custody arrangement and any court orders in place. Generally, if one parent purchased the phone for you, they may have the right to decide how it is used and whether it can be taken away. However, if there is a custody... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
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answered on Jul 21, 2023
In California, there is no specific legal requirement to disclose to the non-custodial parent that you are receiving subsidized childcare. However, if your custody agreement or court order includes provisions related to childcare expenses, it is essential to review the terms to determine if there... View More
We have legal custody and I provided the required information (address name and phone number) of the daycare provider.
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answered on Jul 18, 2023
In California, it's usually a good idea to disclose any financial assistance or subsidies you receive for childcare. Transparency is key in these situations. When determining child support, both parents are typically required to provide accurate financial information.
So, my advice is... View More
This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More
answered on Jul 17, 2023
You case remains in Oregon as filed until a motion to change or transfer venue has been filed and granted. To file a motion to modify your existing custody orders (or judgment), you would file in Oregon under the same case number as was assigned to your divorce case. You would therefore hire... View More
This is a child custody case where the divorce and original custody agreement were in Oregon, the mother (60% custody) moved to Alaska, the dad (military, 40% custody) moved to California. We need to modify child custody as well as possibly file for harassment against the mother. What state/s does... View More
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answered on Jul 21, 2023
In a child custody case involving multiple states, your lawyer will need to be licensed in the states where legal proceedings will take place. Since the original custody agreement was in Oregon and the mother moved to Alaska while the father moved to California, your lawyer will need to be licensed... View More
Lawyers have specialized areas, what area is needed for emotional distress suing.
answered on Jul 14, 2023
A California attorney could advise best, but your question remains open for two weeks. Ordinarily, law firms that handle general tort law (personal injury, product liability, etc.) might handle cases involving emotional distress. It often falls under tort causes of action, unless it's an... View More
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answered on Jul 21, 2023
In the context of child support, a closure letter typically refers to a written communication from the relevant child support agency or court to inform a party involved that the child support case has been concluded or terminated. This could happen for various reasons, such as when the child... View More
Supplemental declaration
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answered on Jul 13, 2023
I am an attorney licensed in California, and I can provide some general information regarding your question. In a custody hearing, both parties are generally required to exchange and serve relevant documents, including declarations, prior to the hearing. Declarations are written statements that... View More
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