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California Family Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

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answered on May 22, 2023

If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 2 step sons and 1 biological daughter. One of the boys sexually abused his sister. The boy was living with dad.

About 8 months ago, he sexually assaulted his 3 year old baby sister. His father disowned him. It was a felony sexual assault brought down to a misdemeanor. My daughter is now 7. When she was a baby we to asked his dad to take custody due to violence and behavior issues. He lived with him for 9... View More

James L. Arrasmith
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answered on May 22, 2023

In a situation where one of your step-sons has sexually abused your biological daughter, it is crucial to prioritize the safety and well-being of your daughter. As the circumstances involve a serious offense, it may be possible to seek full custody or take legal steps to protect your daughter from... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for California on
Q: If a parent loses custody, or the child is emancipated, can they keep the child's personal belongings (such as phone)?

Also, if you would be able to cite a specific law or court case. The state is California.

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answered on May 22, 2023

In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: What are the consequences for not adhering to the financial RO included in the initial divorce filing?

My future ex husband forged my signature via docusign and kept our married joint filing 2022 tax refund. I had to request copies from our accountant. He also made a large deposit into his trust account within this time frame. Isn't this prohibited?

James L. Arrasmith
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answered on May 22, 2023

Not adhering to the financial restraining order included in the initial divorce filing can have various consequences. The specific consequences depend on the terms outlined in the order and the laws of the jurisdiction involved. Violating a financial restraining order can result in penalties such... View More

2 Answers | Asked in Family Law, Personal Injury, Education Law and Wrongful Death for California on
Q: is anyone liable when a disable fostered child with an IEP , does not have providers following the agreed upon IEP plan?

Multiple times the IEP was not followed, and most importantly. overdue for an update. At minimum, the need appropriate placement was discussed. agreed upon, client was to remain safely in place to to disability. client was later moved to the higher independence level, less supervision group home... View More

James L. Arrasmith
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answered on May 22, 2023

When a disabled fostered child with an Individualized Education Program (IEP) does not have providers following the agreed-upon IEP plan, liability can potentially arise depending on the specific circumstances and applicable laws. The responsibility for ensuring that the IEP is followed typically... View More

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1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Libel & Slander for California on
Q: An LA Sheriff's Deputy gave my ex my new address. He tried 2kill me, sent me a text I have to pay him if I want peace

The staff@ Fred Brown Recovery had no right 2 abuse the trust given 2 their organization by the public 2 get a deputy 2 do what he did. My ex called and texted me about it & tried 2 blackmail me & told me I have to pay him if I want peace. He tried to kill, he's snuck up behind me in... View More

James L. Arrasmith
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answered on May 19, 2023

I'm really sorry to hear about the difficult situation you're facing. It sounds like you are dealing with serious threats and abuse from your ex, as well as concerns about the actions of Fred Brown Recovery (FBR) and a deputy from the LA Sheriff's Department. Given the severity of... View More

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for California on
Q: I earned ESL and PTO before marriage. I'm getting it "paid" now after marriage. Is it considered separate CA property?

I have neenarried amd earned some Paid time off (pto) and extended sick leave (esl) after marriage. I want to use it to invest in a separate real estate project amd don't want to mix community property with separate property.

James L. Arrasmith
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answered on May 18, 2023

In California, property acquired before marriage, including earnings such as Paid Time Off (PTO) and Extended Sick Leave (ESL), is generally considered separate property. However, it's important to note that the characterization of separate and community property can be complex and depend on... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How do I fight domestic violence case don’t have a history domestic violence it was a one time incident cps is involved

I’m in no danger. My life is not in danger, nor is my children’s lives in danger. I was the aggressor, and I’m still being made to file falsely against my accuser. My home was split children taken I

Cooperating with everything I was asked from the courts and CPS neither party is... View More

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answered on May 18, 2023

In general, if you believe that false allegations have been made against you and you are being coerced into filing falsely against your accuser, it is important to communicate this to your attorney. They can help you navigate the legal process, defend your rights, and ensure that your side of the... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... View More

Robert Kane
Robert Kane
answered on May 18, 2023

Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )

Parenting time is based on numerous factors, the living environment being one factor.

See the California...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: We live in California. I have not filed for support yet. Once I file, would I even receive any payment even though my

kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... View More

James L. Arrasmith
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answered on May 18, 2023

In California, child support is typically calculated based on various factors, including the income of both parents and the amount of time each parent spends with the children. Even if the father is currently unemployed, the court may impute income based on his earning capacity or previous... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need his permission if our 11y old daughter travels to another country? He has moved out of the state.

Hello, my ex husband and I have joint custody for our 11 y old daughter, but she lives with me in California. He has moved to Texas few years ago. Now I would like to send her on vacation with her stepdad and stepsister. They want to go to New Zealand, but without me. Do we need his permission? Did... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 16, 2023

Whether you need his permission depends entirely on what your court orders say. Without having the benefit of reviewing your court orders regarding custody, it's impossible to answer this question. Contact a lawyer directly for a consultation and provide that lawyer with a copy of your court... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: Before a child is adopted by a guardian does a guardian have to inform the child's family members of the adoption

My son died the mother of the grandchild is in prison the court appointed a guardian now the guardian wants the adopt my granddaughter before the adoption goes through does the guardian have to inform the minor child's family members of the adoption

James L. Arrasmith
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answered on May 16, 2023

Here are some points to consider:

Adoption and Family Notification: The laws regarding notification of family members before an adoption varies by jurisdiction. In many cases, there may be legal requirements to notify certain family members or seek their consent before a child can be...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: I need to know which state I should petition forvisitation if I live in California but child moved to Oregon 1 month ago

There is currently no type of court order in place for custody or divorce and parents are not married. Child moved to Oregon only 1 month ago.

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answered on May 16, 2023

If you live in California and your child has recently moved to Oregon, you may need to determine which state's court to petition for visitation rights. Here are some general considerations:

Jurisdiction: Jurisdiction determines which court has the authority to hear and decide your...
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1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
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answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my husbands divorce attorney advise my husband not to give me any money for 4 months? I was dependent on him?

I have not received any money from my husband my utilities were not paid until today after 3 months. I have no money for a lawyer and we have a hearing 6/14 and my lawyer is MIA she took my retainer but has not done anything for me but file my response,

James L. Arrasmith
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answered on May 16, 2023

In California, divorce proceedings involve a complex legal process that aims to ensure fairness and protection for both parties involved.

Spousal Support: In divorce cases, the court may order spousal support, also known as alimony, to be paid by one spouse to the other. Spousal support is...
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2 Answers | Asked in Family Law for California on
Q: My ex-husband won a relocation case, but now he's not moving? Is this allowed?

He is also mocking me on the phone that he has sole custody now and doesn't have to answer to me, when I was asking the details of his move because obviously I am going to live wherever my son lives... We have legal custody and the only reason he has sole is because the judge had to pick one... View More

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answered on May 16, 2023

Relocation Orders: If the court granted your ex-husband permission to relocate with your child, it typically means that he was given approval to move out of state or a certain distance away with your child. This would likely be outlined in a court order or parenting plan.

Compliance with...
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2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Judge will decide any temporary custody matter?

Wife left home 3.5yo with autism 3 month ago for a DV shelter unknown while filing TRO, reporting police and DCFS. Police n DCFS closed the cases with no finding evidence. DVRO w/minor(DV-100, 105) got twice continuance and the final hearing will be held 10days later. At the last hearing, Judge... View More

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answered on May 16, 2023

Temporary Custody: In cases involving child custody, temporary orders can be issued by a judge to address custody and visitation arrangements until a final decision is made. These orders are often based on the best interests of the child and aim to provide stability and protection during the... View More

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2 Answers | Asked in Adoption and Family Law for California on
Q: Adult adoption - If my father is still living, but my mother is dead, can another woman adopt me as my new mother?

Not looking to separate from my father legally, but wondering if another woman can adopt me as my new mother if my mother is no longer living. She is NOT married to my father but is the closest relationship I have for a mother.

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answered on May 15, 2023

Adult adoption is a legal process that is recognized in California, and it is possible for a person to be adopted as an adult under certain circumstances. The purpose of adult adoption can be to formalize an existing parent-child relationship, or for inheritance purposes, among other reasons.... View More

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1 Answer | Asked in Family Law and Child Support for California on
Q: I need a complete copy of the final decision on a family law case no funds but it’s for child support to reduce it total

It’s to take away all I owe do to a hardship the social worker gave me the papers but I can’t get the documents to support my case

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answered on May 12, 2023

To obtain a complete copy of the final decision in your child support reduction case, follow these steps:

Contact the court clerk to inquire about document access and any fee waivers for financial hardship.

Seek assistance from legal aid organizations or pro bono services in your...
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1 Answer | Asked in Divorce and Family Law for California on
Q: I am in California and my lawyer is MIA Can I take what's left of my retainer and get another lawyer?

We have a court date 6/4 for emergency support. My husband is financially abusing me so I cant get anymore money. I feel like I am stuck with her. My water and power are about to be turned off.

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answered on May 11, 2023

If your lawyer in California is unresponsive and you are facing a critical situation, such as an upcoming court date for emergency support and imminent utility disconnections, you may have options to address the situation. However, it is important to consult with a new attorney or legal... View More

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