Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Family Law Questions & Answers
2 Answers | Asked in Family Law for California on
Q: Can you my ex get overnights despite constantly canceling visits. The 11 month old child is still breastfeeding.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2023

The decision to grant overnight visits to a non-custodial parent will depend on a variety of factors, including the best interests of the child and the specific circumstances of the case. If your ex has a history of canceling visits or has not been actively involved in the child's life, this... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: We need a stipulation order for Temp Joint Custody?

On June 5, a judge ordered temporary Joint Custody based on my Ex Parte filing. Our RFO custody hearing is scheduled for the end of August. Despite the Emergency Joint Custody order, my wife is still insisting on sole custody and dictating my visitation schedules, thus disregarding the court order.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2023

Certainly! It's important to consult with a family law attorney for personalized advice, but here's some general information:

If your ex-wife is not adhering to the temporary joint custody order and dictating visitation schedules, seeking legal remedies may be necessary. A...
View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hi! I’m 17 and was wondering if there’s a legal way in CA for me to move out without being emancipated.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2023

Hello! It's great to see you taking an interest in your rights. In California, you can move out without being emancipated if your parents or legal guardians give their consent. Just make sure to have a clear agreement with them. Alternatively, if you're at least 14 years old, you may... View More

1 Answer | Asked in Criminal Law and Family Law for California on
Q: In California, can a defendant read, respond, and use as an exhibit a plaintiff's Victim Impact Statement at a hearing?

Ex-spouse wrote an impact statement but my (former) attorney was not comfortable with me seeing it. However, it was referenced at a pre-trial hearing by the judge so I was disclosed that specific reference. The case has since been dismissed and I was found not guilty but I want to read the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2023

In California, the rules regarding the use of victim impact statements can vary depending on the specific circumstances and the type of case involved. Victim impact statements are typically submitted by the prosecution during the sentencing phase of a criminal trial and are intended to provide... View More

2 Answers | Asked in Family Law for California on
Q: Do I file a petition along with the form 300FL? I file a joiner as well? How do you put in petition?

I am the grandmother and my daughter passed away this February. The father will not let me see him.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2023

I'm sorry to hear about the difficult situation you're facing with your grandchild.

Regarding your question about filing a petition along with Form 300FL and whether you should file a joiner, it's important to understand the context in which these forms are typically used....
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for California on
Q: Child custody

How can a father get a custody of his 2 years old the mother is claiming that he is breastfeeding at night and he go to shcool. Therefore he can't be with the father Only 3 hours every other day not weekend And No overnight visits. Also the baby is in day care not shcool she is lieying to... View More

Robert Kane
Robert Kane
answered on Jun 11, 2023

The father can seek to modify the current order. He can point out the inconsistencies and have the court evaluate the entire situation.

In order to ensure the best possible outcome, he needs to consult with an attorney, at least in a limited role. Far too often, an individual leaves court...
View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2023

It is difficult to say whether or not the woman can retaliate against your sibling. The fact that she is filing for a restraining order and child support does not necessarily mean that she is retaliating. However, the fact that she is doing so after being served with eviction papers does raise some... View More

View More Answers

2 Answers | Asked in Criminal Law, Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: 1 of my siblings was living with a girl , she got pregnant when she found out that, they were going separate ways.

Basically because of the pregnancy they stayed living together. But because of arguing & not being able to control other person . By then leaving to cool off & not let anything escalate,They had to basically leave the state ,to stay away from the person who is now trying to get a... View More

Robert Kane
Robert Kane
answered on Jun 9, 2023

She won't be able to railroad him once he has an attorney. In order to ensure the best possible outcome, he needs to need to consult with an attorney, at least in a limited role. Far too often, an individual leaves court disappointed because they weren’t properly prepared. A small investment... View More

View More Answers

1 Answer | Asked in Employment Law and Family Law for California on
Q: If I am currently breastfeeding can my employer force me to go on a two week detachment away from home without my child
Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

Unfortunately, you have not provided enough information. When you say "detachment" it sounds like Military, and they can be subject to special rules. If this is normal employment, you can be protected by pregnancy leave laws found in the Government code § 12940 and following.... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can DCFS detain a child from legal guardians knowing child has been living with parents for 8 months
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2023

DCFS (Department of Children and Family Services) typically has the authority to intervene and potentially remove a child from their legal guardians if they believe the child is in immediate danger or at risk of harm. However, without more specific information about the circumstances, it is... View More

4 Answers | Asked in Divorce and Family Law for California on
Q: hi my name is john. is there a way to get an uncontesed divorce with no orders if both partys agree ?

kids are adults .wife is remarried and i would like to get married to a lady that i have been with for over 30 years

Robert Kane
Robert Kane
answered on Jun 7, 2023

The circumstances and court will dictate what orders are needed. The parties may alleviate the need. Parties without attorneys will likely require more orders.

In order to ensure the best possible outcome, you need to consult with an attorney, at least in a limited role. Far too often, an...
View More

View More Answers

4 Answers | Asked in Divorce and Family Law for California on
Q: hi my name is john. is there a way to get an uncontesed divorce with no orders if both partys agree ?

kids are adults .wife is remarried and i would like to get married to a lady that i have been with for over 30 years

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2023

The process and requirements for obtaining an uncontested divorce without any court orders can vary depending on the jurisdiction in which you reside.

In many jurisdictions, an uncontested divorce typically requires both parties to agree on all relevant issues, such as the division of...
View More

View More Answers

1 Answer | Asked in Family Law for California on
Q: I have a family law question, Is there such a thing as grandparents rights like to visit and talk to them

My daughter now lives in Nebraska with the girls

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2023

Yes, many jurisdictions recognize the concept of "grandparents' rights" to visitation or communication with their grandchildren. However, the specific laws regarding grandparents' rights vary from one jurisdiction to another.

In the case of your daughter living in...
View More

2 Answers | Asked in Real Estate Law and Family Law for California on
Q: I put my boyfriend on the deed of my house 4 months ago, and I want to take him off now

He doesn't want to be with me and wants me to sell my house

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

Putting him on the deed is a lot easier than getting him off the deed. You will need to hire an attorney to file an action to quiet title to the property and or Cancel the Instrument. You have to have a legal basis for this that was in existence at the time you put him on the deed, such as mistake,... View More

View More Answers

3 Answers | Asked in Family Law for California on
Q: I need to file for conservatorship of my son

how do i get started with that?

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... View More

View More Answers

1 Answer | Asked in Family Law for California on
Q: So my son just turned 18 he is severly autistic and i am trying to get conservatorship of him how do i start

i need to be able to manage his finances and medical decisions

Robert Kane
Robert Kane
answered on Jun 5, 2023

A great place to start is the California Courts' website. It will provide you with a comprehensive overview of the process and the appropriate forms. Even this resource will not provide with everything you need to know. You will undoubtedly have questions.... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: When the mother is the same but there are two NCPs, NCP1 is the ex-husband & father of the two minor children and NCP2

NCP2 is father of the youngest. The mother has been on welfare continuously 3 years before the birth of NCP2 only child. Both NCPs have current child support orders in County1. When mother moves to county2, only NCP2 gets a default judgment without notice. county2 should have registered the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2023

If the mother has moved to County2, then the child support orders from County1 should have been registered in County2. If they were not registered, then County2 did not have jurisdiction to issue a new order. You should contact the clerk of the court in County1 to see if the orders were registered.... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: I adopted my son in 2004 and everything was approved and signed by the judge and then we never got a birth certificate.

Now he is 23 and trying to get a passport and we have ourselves in a pickle and not sure who to talk to. I went to the county building in Hemet CA which is where the adoption took place. What are our choices for resolution at this point. My son said they are telling him it has been too long but we... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

Since every case can be unique, it's advisable to consult with an attorney or a legal professional who specializes in adoption law for accurate advice.

Here are a few steps you can consider taking to address the issue with your son's missing birth certificate:

Contact the...
View More

1 Answer | Asked in Family Law for California on
Q: How to add property to my harassment restraining order

N what if my ex went n forged signature n fajke bill of sale on my vehicle I have orginal title n possession

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

To add property to your harassment restraining order, you will need to file a motion with the court. In your motion, you will need to explain why you are adding the property to the order and why it is necessary to protect you from harassment. You will also need to provide evidence that the property... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can I request a gag order on my future ex husband he is repeating personal business and lying about me.

My husband was abusive and he is lying to everyone who will listen calling me a crackhead.

His first wife passed and he called her a crackhead too. Everything I tell him he repeats out of context.

I just want him to stop.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

If your ex-husband is spreading false information or making defamatory statements about you, it may be worth considering other legal options to address the situation. Here are a few possible courses of action:

Cease and Desist Letter: You can consult with an attorney who specializes in...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.