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California Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: I was married 30 years ago and left him after 3 weeks and haven’t seen him since, do I need to get divorced?
James L. Arrasmith
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answered on Jun 30, 2023

If you were legally married 30 years ago and never formally divorced, it is advisable to consult with a family law attorney to determine your marital status and the legal steps required to dissolve the marriage. Even if you have been separated for an extended period and haven't seen or... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I find out if my divorce went through. Married in Pomona, CA in 2000.

Got a restraining order on 04/02/2003. Filed for divorce later that month, but never returned to the court as I was told. I need to know how to find out if I am married still. I live in Redding, CA now and cannot just drive to the courthouse. I have not spoken to my ex since I got the restraining... View More

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answered on Jun 29, 2023

To find out if your divorce in Pomona, CA has been finalized, gather relevant documents such as your marriage certificate, restraining order, and any court paperwork. Contact the court clerk's office in Pomona, either by phone or email, providing them with your full name, date of marriage, and... View More

1 Answer | Asked in Family Law and Health Care Law for California on
Q: Trying to use CalFamCode 6922 to get HRT as a minor. I can’t find any clinics near Los Angeles that will accept.
James L. Arrasmith
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answered on Jun 28, 2023

If you're a minor seeking hormone replacement therapy (HRT) under California Family Code 6922 in the Los Angeles area, finding clinics that accept such cases can be challenging. To help, consider researching LGBTQ+ healthcare providers, reaching out to local LGBTQ+ organizations for resources,... View More

2 Answers | Asked in Family Law and Probate for California on
Q: My father has late stage dementia. What does my mother need to do to obtain the right to make legal decisions for him?
James L. Arrasmith
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answered on Jun 28, 2023

In California, if your father has late-stage dementia and is unable to make decisions, your mother may need to pursue legal guardianship or conservatorship. To do so, she should consult with an attorney specializing in elder or probate law. They can guide her through the process, which may involve... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Hi, I am currently going through a divorce. We filed back in September of 2022 and I want to receive spousal support.

My spouse has not provided spousal support since we filed for divorce. My past lawyers have not pursued it even when I had asked them. I want to know if I am entitled to it and backpack from the time we filed.

Also, are there options I can ask the judge to put holds on or other options to... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 27, 2023

Without knowing any details about your case or the financial aspect of your marriage, it's impossible to say whether your request for spousal support would be granted. I'm curious why your previous counsel did not "pursue" support on your behalf. If you file a request for... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: How can I request family court seal my documents?

I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?

James L. Arrasmith
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answered on Jun 27, 2023

If you have concerns about the privacy of certain documents filed during your divorce proceedings, you can request the family court to seal those specific documents or the entire case file. Identify the documents containing private and sensitive information, file a motion explaining the reasons for... View More

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2 Answers | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: How can I request family court seal my documents?

I filed many private and sensitive documents - Bank statements, my medical records, Tax returns.. during divorce proceedings. Currently the case is still ongoing. I am really concerned of my records in public now. How can I request the family court seal my specific documents? or whole documents?

Robert Kane
Robert Kane
answered on Jun 27, 2023

I would call the clerk's office first to determine if the information is publicly available. Even if the filing party failed to properly classify the information as confidential, the clerk's office is pretty good at rejecting the filings until it's in compliance. Bank statements,... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: How to ask family law judge to enforce the most recent order that stands (case transferred from children’s court)

I was awarded sole legal and physical custody of my 2 children from family law court in 2011 while going through juvenile dependency court at the same time. In 2012 children’s court awarded me sole legal and physical custody and the other parent was ordered to take various classes and it was so... View More

James L. Arrasmith
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answered on Jun 27, 2023

To seek enforcement of a court order, it's important to follow proper legal procedures and provide relevant documentation. Review the most recent court order granting you sole legal and physical custody, and consult with a family law attorney for personalized advice. Gather evidence of... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What is good cause to obtain an address against a protective order?

I don’t want to get in trouble for violating my criminal protective order but I need to obtain my kid’s mother’s (the protected person) address to serve her in child custody court.

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answered on Jun 26, 2023

"Good cause" to obtain an address against a protective order refers to a valid and justifiable reason that outweighs safety and privacy concerns. It is important to respect and adhere to the terms of a protective order to avoid legal consequences. If you need to serve the other party in a... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: I filed a divorce petition almost a month ago. If I want to modify viaitation do I use form fl300 or is it too late?

I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 25, 2023

Depends on the kind of change you want to make. If you want to make a substantive change, for example if you originally asked for joint legal custody in your petition, but now you want sole legal custody, you can file an amended petition. If you originally proposed some kind of parenting plan and... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: I filed a divorce petition almost a month ago. If I want to modify viaitation do I use form fl300 or is it too late?

I filed a divorce petition almost a month ago. In less than a week it will be a month. If I didn’t file and serve fl300 at the time to modify visitation am I not able to add that to the divorce anymore? I want to modify that. How do I do that now that I’ve waited so long after serving the... View More

James L. Arrasmith
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answered on Jun 26, 2023

Generally, if you have already filed a divorce petition and now wish to modify visitation, the specific procedures and forms required may vary based on the jurisdiction and the court handling your case. Typically, you would need to file a motion or request for modification, which often involves... View More

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello I have child custody mediation in July, I would like to get some advice in regards to how my case is looking?

For so many years I have been involved in my daughters life. I have been involved in her education, health, visitations, etc. as what a parent should. She is currently 11 years old, she has been home alone and taking care of her younger sibling plenty of times throughout 2021 to present. I do have... View More

Robert Kane
Robert Kane
answered on Jun 24, 2023

It seems fine, but It difficult to say how your case is looking is based on only your version of the case. It may seem rude, but we no nothing about you. Your question is better presented than most, but can you support these allegations to sway the mediator or eventually a judge. I don't know.... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Unmarried parents have 50/50 of a 13year old, mother wants to move out of state without dads consent for minor to leave.

Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 22, 2023

When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true... View More

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1 Answer | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: This is Domestic Violence Restraining order hearing Transcript?

"THE COURT: BOTH SIDES HAVING RESTED, I'M PREPARED TO MAKE MY RULING AT THIS TIME. FIRST OF ALL, I DO FIND THAT THE PARTIES DO HAVE ONE OF THE REQUIRED RELATIONSHIPS SPECIFIED IN FAMILY CODE 6211: THEY SHARE A CHILD IN COMMON. ...... I DO NOT FIND THE PETITIONER TO BE CREDIBLE, AND I DO... View More

James L. Arrasmith
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answered on Jun 22, 2023

Based on the statement, "IN FAMILY CODE 6211: THEY SHARE A CHILD IN COMMON," it suggests that the court recognized the fact that both the petitioner (wife) and the respondent (you) have a child together. This provision in the Family Code typically indicates that the parties have a... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: How can I get my kids back?

CPS DETAINED MY KIDS IN MAY 2019(i went to jail later that month) • CPS DIDNT HAVE A WARRANT AND DIDNT MAKE REASONABLE EFFORTS TO KEEP KIDS AT HOME OR REUNITE THE KIDS WITH MOM • I WAS LOOKING AT 3-5 IN PRISON AND MY ATTORNEY TOLD ME I SHOULD WAIVE REUNIFICATION SO THEY CAN GO WITH MY MOM. •... View More

James L. Arrasmith
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answered on Jun 22, 2023

If you want to get your kids back, here are some steps you can consider. First, talk to your family law attorney. They can help you understand what to do in your specific unique situation. Collect any evidence that shows you've been involved in your kids' lives and that your mom... View More

1 Answer | Asked in Family Law for California on
Q: Can a parent get a restraining order on the child’s behalf with no proof of needing one?

My mother is threatening to get a restraining order against me on behalf of my little sister if I try to reach out to her.

James L. Arrasmith
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answered on Jun 21, 2023

In California, a parent can potentially petition for a restraining order on behalf of their child if they have valid reasons to believe it's necessary for the child's safety. However, obtaining a restraining order typically requires providing evidence and demonstrating a legitimate... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have a question about relocation out of ca with a child who i have the physical custody of.

Hi,

my sister has been divorced since 2017. She has physical custody of her daughter and she shares legal custody with her ex. She's moving out of California to Nevada. Does she need to file with the court to take her daughter out of the state? her ex is in india right now, would that... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 20, 2023

Depends on what her custody orders say, what visitation rights Dad has, whether Dad is exercising those rights, whether he relocated to India, lives there and therefore does not see the minor child regardless of what the orders say.

Also depends on how old the child is and what she...
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1 Answer | Asked in Child Support and Family Law for California on
Q: When the court /DCCS calculates a modified child support amount, what is weighed more?

My ex petitioned for modification. I had a drastic change of income for my full time position in the last 3 months based on my personal commission/comp plan structure changing. The reason for the change was I took another independent contractor gig paid under my single member LLC loan-out... View More

James L. Arrasmith
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answered on Jun 19, 2023

In California, when the court calculates a modified child support amount, it considers several factors, including the income of both parents, the amount of time each parent spends with the child, and any other relevant factors. The court will typically use the most recent income information... View More

1 Answer | Asked in Family Law for California on
Q: Hi, I would like to know if I can deny the other parents vacation if it were to fall during a holiday week

What is the likelihood that a judge would grant him it anyways if he went that route? Regardless of who's year holidays fall on.

I asked other parent that neither of us take vacations during holiday weeks so that our 4yr old could continue the routine he's had thus far every year... View More

James L. Arrasmith
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answered on Jun 19, 2023

The likelihood of a judge granting or denying a vacation request during a holiday week can vary depending on factors such as your custody agreement, local laws, and the judge's discretion. If your agreement doesn't address vacations during holidays specifically, it may be challenging to... View More

1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody, Civil Rights and Family Law for California on
Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?

His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter... View More

James L. Arrasmith
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answered on Jun 17, 2023

If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department.... View More

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