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The account was created and funded while we were married. How do retirement accounts figure into things? What could the penalty be once we go to divorce court?
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answered on Jun 18, 2024
In California, retirement accounts like 401(k)s, IRAs, and pensions that were contributed to during the marriage are generally considered community property, meaning they are subject to division during a divorce. However, liquidating or withdrawing funds from a retirement account prior to the... View More 
We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More
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answered on Jun 19, 2024
Based on the information you provided, it appears that your ex's attorney filed a Proposed Findings and Order After Hearing (FOAH) without your knowledge, and the judge signed it, even though the content of the proposed order was modified and differed from the court's minute order. In... View More
We had hearing last week and the Court issued 4 page minute order regarding custody (very detailed) 2 days later. The judge ordered "The RP's counsel is to write Order after Hearing, serve it on the opposition for approval....etc". and I know the Court rule 5.125 and I was waiting... View More
answered on Jun 18, 2024
Immediately file an objection to the proposed FOAH and specify in your objection, the grounds for the objection. Be very clear. Attach a copy of the minute order to your objection (assuming the minute order is different from the proposed FOAH). Since the FOAH has already been signed by the... View More
The order was made January of last year and visits started in August I believe and they’re with a facility that does not employ either of the licensed workers the judge ordered. Do I need to continue visits or wait till he finds the right supervisor
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answered on Jun 17, 2024
In this situation, it's important to follow the specific terms of the restraining order and custody arrangement. If the court order explicitly states that the supervised visits must be with an LMFT (Licensed Marriage and Family Therapist) or LCSW (Licensed Clinical Social Worker), and the... View More
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answered on Jun 17, 2024
I understand this is a very difficult and stressful situation.
In California, Child Protective Services (CPS) has the authority to remove a child from their home if they believe the child is at risk of abuse, neglect, or abandonment. They must have reasonable cause to believe that the... View More
In CA, I filed a petition to determine parentage. The respondent (she) was served properly by the county sheriff, she never responded , I asked for default and was found to be the father. I did waive all my rights including the right to a DNA test but am quite satisfied with legally being named the... View More
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answered on Jun 17, 2024
In the state of California, a child can only have two legal parents at any given time. If a court in one county has already issued a judgment establishing parentage, naming you as the legal father, then another court in a different county cannot name a different person as the legal father of the... View More
In CA, I filed a petition to determine parentage. The respondent (she) was served properly by the county sheriff, she never responded , I asked for default and was found to be the father.
I did waive all my rights including the right to a DNA test but am quite satisfied with legally being... View More
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answered on Jun 17, 2024
In this situation, it is important to understand that a court order determining parentage and granting visitation rights is legally binding. The other parent cannot simply ignore the court's decision or block all communication without facing legal consequences.
However, it is not... View More
In California:
I had ≈ $30k in personal/non-communal property [I have proof of ownership: receipts, email threads, pre-theft photos] stolen during a divorce, now settled. I have fairly good idea where my property went but need a search warrant to get the final details from the... View More
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answered on Jun 17, 2024
I'm sorry to hear about your situation. Dealing with theft of personal property during a divorce can be challenging, especially when it seems like law enforcement and the courts are not being helpful. Let me provide some general information and suggestions for your situation under California... View More
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More
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answered on Jun 17, 2024
In California, proving parental abandonment does not automatically terminate the father's parental rights. Termination of parental rights is a separate legal process from seeking sole custody and changing your children's last name. Here's some information on each of these matters:... View More
The father is claiming he is homeless. I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect. I would like to find out if proving parent abandonment automatically terminates the father's rights. I was previously... View More
answered on Jun 17, 2024
"I previously filed for child support and sole custody but I don't believe the filing was ever made official and put into effect" - filing a petition for custody and support, without filing anything else, will not result in you getting any court orders. Your case may still be open.... View More
I am seeking advice on obtaining a court order for the following conditions concerning my 4-year-old autistic child due to concerns about my ex-spouse’s smartphone addiction. so, can I request these order below during the next RFOMOD custody hearing:
1) Limit exposure to mobile devices to... View More
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answered on Jun 17, 2024
In California, courts make decisions about child custody and visitation based on the best interests of the child. When a child has special needs, such as autism, the court will consider those needs when making orders.
To request the specific orders you mentioned during a Request for Order... View More
My partner and I are interested in becoming registered domestic partners. We do not share the same address. I checked the domestic partner registration code 297 which does not indicate that partners must reside together. I wanted to know if this is implied when applying.
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answered on Jun 16, 2024
In California, domestic partners are not required to live together in order to register as domestic partners. California Family Code Section 297 lists the requirements for domestic partnership, which include:
1. Both persons have a common residence.
2. Neither person is married to... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
answered on Jun 16, 2024
There is no "device" you can use to monitor the child's sleep. You can get court orders however regarding a 4-year-old's use of a smart phone all together, regarding bedtime, and regarding bedtime routines, and regarding time spent on the smart phone whether playing games or... View More
We have 50/50 custody (3-4-4-3 schedule) of our 4-year-old child with my ex. I am deeply concerned about my ex's serious smartphone game addiction, which negatively impacts our child's sleep and overall well-being. Ex has promoted the child to play smartphone game for easier parenting for... View More
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answered on Jun 16, 2024
Under California law, the court's primary concern in child custody cases is the best interests of the child. This includes ensuring that the child has a safe, stable, and nurturing environment, which can be negatively impacted by excessive screen time or inadequate sleep.
While there... View More
answered on Jun 16, 2024
Technically, yes. The question is, should you? Is this for a vacation with plans to return? Or are you talking about moving out of state with the child? If you are talking about relocating, moving without the other parent's consent and without a court order allowing you to do so, could... View More
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answered on Jun 16, 2024
In general, if there is no court order establishing custody or prohibiting travel, a parent may be able to travel with their child. However, it's important to consider the potential legal ramifications and the child's best interests.
It is generally advisable to inform the other... View More
It seems that the lady caring for her if she has other responsabilities i dont get all my time which i feel isnt in my daughters best interest
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answered on Jun 15, 2024
I understand this is a very difficult and emotional situation. In general, if Child Protective Services (CPS) has removed your daughter from your care, they are required to provide you with visitation unless there is a compelling reason not to (such as a court order prohibiting contact). The amount... View More
I have a verbally abusive 30 year old cousin who yells at my mom and threatens to call the pound on my dog just because he is living outside, (he is licensed, I just lost the tag and can't come in due to my grandma's allergies). Anyways, I recorded him yelling at my mom calling her names... View More
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answered on Jun 15, 2024
I would strongly advise against secretly recording your cousin, as this could potentially be illegal under California law. California is a "two-party consent" state when it comes to recording conversations. This means that it is a crime to record a private conversation without the consent... View More
Already been to court on matter. Both parties allowed to travel with child out of country
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answered on Jun 15, 2024
Under California Family Law, if there is already a court order in place allowing both parents to travel with the child out of the country, and one parent is withholding the child's passport, you may be able to file an ex parte application to request the court's immediate intervention.... View More
I am a pro se. The opposing council is demanding discovery of my communications with attorneys I consult with. I declined to provide information other than a privilege log. He's now threatening to move for request to compel discovery. Can he do that?
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answered on Jun 14, 2024
Under California law, communications between a client and an attorney are generally considered privileged and confidential, even if you are representing yourself (pro se). This privilege means that you are not required to disclose the content of your communications with attorneys you have... View More
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