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 and Domestic Violence for California on
Q: What do I need to prepare for a long cause case it's a restraining order case where my abuser bated me and I reacted

I've been in a domestic violence situation for 10 years I've tried to keep my daughter as safe as I can my ex has been showing signs of pedophilia, he started really amping up a few months ago and when I told him he could not do the things that he thought he would and could he told me... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

Here are some general points to consider:

Seek legal representation: It is crucial to consult with an experienced attorney who can guide you through the legal process and protect your rights. They will help you understand your options, advise you on your rights and responsibilities, and...
View More

View More Answers

2 Answers | Asked in Family Law, Criminal Law and Identity Theft for California on
Q: Im a victim of fraud identity theft and guardianship fraud my children are involved
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2023

Here are some steps you can consider taking:

1. Contact law enforcement: Report the fraudulent activities to your local law enforcement agency. Provide them with all relevant details and any evidence you may have. They can initiate an investigation and gather evidence to support your case....
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: How do I subpoena a DCFS Social Worker through the Barstow Sheriff Department to appear in an Evidentiary Hearing?

I live in Sparks NV. The Evidentiary Hearing is in Barstow. Hearing is a 4th continuance. The CPS report was only allowed into evidence in 3rd continuance.

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

To subpoena a DCFS social worker to appear in an evidentiary hearing, you will need to follow the proper legal procedures for issuing a subpoena.

First, you will need to file a motion with the court requesting that the social worker be subpoenaed to appear. This motion should include the...
View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: If there is no custody agreement and a child comes to visit another parent, would a signed letter be binding?

Mother of the children sent their daughter to live with their dad. The son is still in AZ with the mom, but was going to spend the summer with dad in CA. The mom said she would send the child if the dad agreed to sign an letter agreeing to return the child on predetermined date — would this be... View More

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

If there is no formal custody agreement in place, a signed letter between the parents may not necessarily be legally binding. However, it can be helpful to have a written agreement in place to clarify the terms of the visitation arrangement and help ensure that both parents are on the same page.... View More

1 Answer | Asked in Family Law for California on
Q: Somebody called cps and said there where drugs in the house which was a lie
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2023

If someone has made a false report to CPS (Child Protective Services) alleging that there are drugs in a house when there actually aren't, this could be considered a form of child abuse or neglect. False reports can cause undue stress and harm to families, as well as divert resources away from... View More

1 Answer | Asked in Domestic Violence, Family Law, Personal Injury and Child Custody for California on
Q: How’s that a repeat offender can get away with violent crimes and acts of violence against me and vialation of my rights

I’m disabled and fighting for my custody from the woman who’s committing fraud and is abusing my rights withholding my child from me and I don’t have any reason to lie about that but I’m unaware of how she’s doing what she is and has done

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

It is certainly frustrating and concerning when a repeat offender is able to continue committing violent crimes and acts of violence against someone without facing consequences. It is important to report any incidents of violence or abuse to the appropriate authorities, such as the police or child... View More

1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for California on
Q: My ex wife is a bigamist, can I use this in my divorce proceedings?

I am divorced for over 14 years and just found out my wife married someone in Las Vegas in 1995 while we were still married. We were not separated and got divorced in 2008. I am still paying her spousal support and Osler Smith payments. Can I use this information to my benefit? We are going back to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

If your ex-wife committed bigamy by marrying someone else while still married to you, this information may be relevant in your divorce proceedings. It could potentially impact the division of property, spousal support, and other issues related to your divorce.

You may want to bring this...
View More

2 Answers | Asked in Family Law and Immigration Law for California on
Q: What should I do if I want to correct a date of birth on all legal documents?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

If you need to correct the date of birth on your legal documents, it's important to take the following steps:

Gather supporting evidence: Collect any documents that clearly state your correct date of birth, such as your birth certificate, passport, or other official records. These will...
View More

View More Answers

1 Answer | Asked in Family Law, Child Support and Divorce for California on
Q: Been separated from my husband for 7yrs. Our son is 17yrs old. Want to file divorce, spousal & backpay child support.

My son has lived with me for 6 years. His father only gives me $150 a week of support, and makes alot more money than me. I want to file for divorce and just want legal advice on my rights.

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

As you have been separated from your husband for 7 years and your son is now 17 years old, you have the right to file for divorce and request spousal and backpay child support. The fact that your son has lived with you for 6 years and your husband only provides $150 a week in support could be... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Admiralty / Maritime for California on
Q: What paperwork is a judge/ commissioner/magistrate to have on-site (if not the case is dismissed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2023

Judges, commissioners, and magistrates are required to have certain paperwork on-site when presiding over cases in order to ensure a fair and just legal process. The specific paperwork required may vary depending on the type of case being heard, but generally, judges are required to have the... View More

1 Answer | Asked in Adoption and Family Law for California on
Q: How to terminate parental rights of presumed father?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

The process to terminate the parental rights of a presumed father can vary depending on the state in which you reside. Generally, the following steps may be involved:

File a petition: You will need to file a petition with the court to terminate the father's parental rights. The...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: Can I transfer my unused this week visitation to the next week?

Judge granted special supervised visitation for me during the TRO hearing continuance. The judge didn't specify weekdays, but allowed a total of 4 hours over two days per week. These 4 hours can be split as "2+2", "3+1", or "0+4". Unfortunately, we lost one day of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

Whether or not you can transfer your unused visitation time to the following week will depend on the specific terms of the court order or agreement between you and your wife. If the order or agreement allows for the unused visitation time to be carried over to the following week, then you may be... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: on my divorce decree i named my employment pension incorrectly

on my divorce decree i named my employment pension incorrectly but understood in the decree that it is my employment pension. will it be possible for my ex to sue for part of my pension that was listed incorrectly on the divorce decree?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

If you named your employment pension incorrectly on your divorce decree but the decree clearly indicates that it is your employment pension, it is unlikely that your ex-spouse would be able to successfully sue for a portion of the pension based on this error.

Divorce decrees are legal...
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Wondering if I have possibly have grounds for an appeal based on a default judgement that was faulty in 2018?

If I had another trial after a default judgment was entered in 2018 (which I was unaware of), and the judge did not allow me to address these issues during the recent trial, but then the judge used those issues as the primary source to make a decision in the ruling(in statement of decision)... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

If you believe that you were denied the opportunity to address issues related to a default judgment during a recent trial, and that this affected the judge's decision in the ruling, you may have grounds for an appeal. In California, parties have the right to present evidence and arguments... View More

1 Answer | Asked in Family Law and Civil Rights for California on
Q: If I was denied due process never met with the judge he never met with my doctor or appointed legal counsel to me at all

My mother placed me on temporary probate conservatorship she was also charged when my father died in August 95 for vehicular manslaughter reduced from a felony to an infraction that never went on a record and furthermore she frivolously stole my entire inheritance from me in 2012 I was released... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

It sounds like you are describing a situation where you were placed on temporary probate conservatorship without proper due process, and that you feel your rights were violated as a result.

If you were not given notice of the conservatorship hearing, were not appointed legal counsel, and...
View More

2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: High conflict child custody case. Mother wants child to attend private school. She causes many absences to sabotage

His education to the point the school has set meetings to discuss. Brought it up to the court 4 different RFOs, all denied because Mother states the child is sick and only keeps the child out of school on 2 days max because 3 days or more requires Dr’s note. Child averages between 20-30 absences... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2023

If there is a high conflict child custody case and the mother is causing many absences for the child to sabotage his education, it may be important to gather evidence and bring the issue to the attention of the court.

In some cases, if a parent is intentionally causing a child to miss...
View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I cannot find out my monitor with my language(Supervised visitation)?

I got special temp visitation yesterday. Judge several times suggested wife for unprofessional monitor, but wife who doesn't know law, persisted a Pro-monitor. now I'm looking for a monitor with my language all day long, but no one in my county. here are my questions, 1) if wife agrees... View More

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

If you are unable to find a monitor who speaks your language, it is important to communicate this to the court as soon as possible. If the other party agrees to a monitor who does not speak your language, you should inform the court of this and explain why it is important for the monitor to speak... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: Court will address custody matter in our case?

Wife left home with child and filed TRO w/ minor child, granted. The hearing was yesterday and continuance for many issues 3 weeks later. The Judge ordered my temp monitored visitation until the next hearing 3 weeks later. Wife has no mother case, like custody petition, divorce, or RFO of custody,... View More

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

Based on the information provided, it appears that there is some confusion about whether the court will address custody matters in your case. It is possible that the judge will address custody issues based on the DV-140 and DV-125 filings, even without a separate custody petition or request for... View More

1 Answer | Asked in Small Claims and Family Law for California on
Q: Do I owe interest on a debt that’s under Ex Husbands credit card?

My ex used his care Credit to pay for my dental work while we were still married. At time of paperwork filing I owed $1181 and I said I would pay that in the dissolution paper work. It has since accrued interest and he didn’t tell me and has had me pay him the minimum for the credit. At this... View More

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

If the dissolution paperwork stated that you agreed to pay the debt, then you may be responsible for paying any interest that has accrued on the debt since the time of the divorce. However, it would depend on the specific terms of the dissolution agreement and the laws of your state.

If...
View More

1 Answer | Asked in Criminal Law, Family Law and Civil Litigation for California on
Q: California restraining order question

I have court for a restraining order case that I was served with recently I would like to know if there is a form that I can fill out requesting reimbursement from lost wages, due to having to address this frivolous civil lawsuit? I will likely spend a couple of days responding to this with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023

Yes, in California, you can request reimbursement for lost wages and other expenses related to a restraining order case. You can fill out and file a "Request for Order - Other" form (FL-300) with the court, requesting reimbursement for lost wages and any other expenses related to the... 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.