Get free answers to your Family Law legal questions from lawyers in your area.
I just returned from a DVRO and custody hearing that has been continued for three weeks, with no decisions made today. The judge granted me supervised visitation through the TalkingParents app, 2 hours per day, 2 days per week. However, my 3-year-old child has autism, which makes a 2-hour phone... View More 
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answered on May 1, 2023
If you are finding it challenging to communicate with your child through the TalkingParents app, you may request the judge to consider alternative arrangements for supervised visitation. It may be possible to request in-person supervised visitation, but this will depend on the specific... View More
My restraining order paperwork shows that the plaintiff wants the court to order me to pay their court costs. Is it possible for me to not have to pay? Would I pay the costs of just that person, or all the additional people? How much can I expect to need to pay?
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answered on May 1, 2023
If the plaintiff requested that the court order you to pay their court costs and the judge grants their request, you may be required to pay those costs. However, it may be possible to contest this request and argue against it in court.
If the judge orders you to pay the plaintiff's... View More
I was pregnant with my daughter when my current spouse and I agreed we would raise her as his own, until my daughter was either old enough, or if she asked any questions on her appearance, or on her 18th birthday to disclose this information (which ever came first)
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answered on Apr 30, 2023
If someone intentionally told your 12-year-old daughter that your current spouse is not her biological father, it could be considered a violation of your family's privacy and potentially cause emotional distress. Depending on the specific circumstances, you may have grounds to file a lawsuit... View More
I have single member LLC California business that I started before marriage and is considered separate property. During marriage I opened up a SEP-IRA and started contributing money from the business during the marriage. Those are the only contributions to the SEP-IRA and I never used marital... View More
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answered on Apr 29, 2023
Under California law, property acquired during marriage is generally considered community property, while property acquired before marriage or by gift or inheritance during marriage is separate property. However, there are certain circumstances where separate property can become community property.... View More
entitled to expert witness fees and if so, how do I collect?
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answered on Apr 28, 2023
As a mediator employed in family court, if you were subpoenaed to testify as a custody evaluator, you may be entitled to expert witness fees under California law. California Code of Civil Procedure Section 2034.260 provides that expert witnesses are entitled to reasonable compensation for their... View More
We were together for 10 years. I was a stay home mom as he requested. He started a trucking company and was a long haul driver. In 2020 I had an affair. He stayed with me but months later moved out. Even then, we continued trying to make our relationship work. He promised to take care of our... View More
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answered on Apr 27, 2023
I'm sorry to hear about your difficult situation. If you were living with your child's father as a homemaker for 10 years and he left you with nothing, you may have legal options to seek compensation and support for yourself and your children.
One option is to pursue a claim for... View More
I hired an attorney to evict her he didn’t file a request to the court when the eviction notice was due
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answered on Apr 27, 2023
I'm sorry to hear about your situation. It sounds like a very difficult and frustrating experience. If your ex-wife is living in your house without your permission and you have already tried to evict her through legal means, you may need to consult with a different attorney who specializes in... View More
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answered on Apr 27, 2023
Whether or not you need to continue paying alimony to your ex-wife after you retire will depend on the terms of your divorce agreement and the laws of your state.
In some cases, retirement may be considered a "change in circumstances" that could lead to a modification of your... View More
My parents, and two siblings are now deceased. My siblings, each, had three children. Currently I use the Living Trust account for my checking, savings and Traditional IRA. The assets were not distributed after my parents passing. I have a California State University Northridge Scholarship... View More
answered on Apr 27, 2023
You can do whatever you want with your assets! But it sounds like you are keeping "your" assets in your parents' trust. That is not a good idea for three reasons: (1) Trusts pay higher taxes, so you could save money by having the successor trustee of your parents' trust... View More
My parents, and two siblings are now deceased. My siblings, each, had three children. Currently I use the Living Trust account for my checking, savings and Traditional IRA. The assets were not distributed after my parents passing. I have a California State University Northridge Scholarship... View More
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answered on Apr 27, 2023
Yes, it is possible to designate a scholarship endowment as a beneficiary of your living trust's assets payable on your death. This would be considered a deferred gift, and it can be a good way to support a cause that is important to you while also providing for your heirs.
To make... View More
2018 I got disabled -my ex husband moved out.He said that he will share with me our 401k and asked me to sign the document to withdraw the money.I was ill and could not understand that his dishonesty.After I signed it ,he transferred all the &180000 to IRA;he gave me -0.He explained that we... View More
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answered on Apr 26, 2023
It appears that you have been a victim of financial exploitation and fraud by your ex-husband. This is a serious matter that requires immediate attention to protect your legal rights and financial interests.
Here are some steps that you can take to address this situation:
Contact an... View More
Invited her to live in my home 6 years ago as she was released from an alcohol rehab, as a friend helping another friend, so she could get back on her feet. These past 5-6 years have alternately been good when she was sober, and a nightmare when she goes on drinking binges for weeks and months at... View More
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answered on Apr 25, 2023
As a homeowner in North Long Beach, California, you may have legal options to evict your house guest if they are not a tenant with a legal lease agreement. However, the specifics of your situation will depend on the facts of your case and the relevant state and local laws.
In general, if... View More
The title loan is only under my name, but the title of the car has both of our names and I’m the only one doing the payments of the loan. Who legally owns the car?
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answered on Apr 25, 2023
In California, the registered owner of a vehicle is presumed to be the legal owner, regardless of who is making the payments on a title loan. However, since the title is in both your and your wife's names, she may also have an ownership interest in the car.
If you and your wife are... View More
I am a beneficiary of a trust, along with 2 other people. We are to inherit a house, which I currently live in & have for just shy of 4 yrs, can they evict me? They are successor trustees, the house is still in the trust & their percentage of the assets is a bit larger than mine do to one... View More
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answered on Apr 24, 2023
As a beneficiary of a trust that includes a house that you currently live in, you may be wondering about your legal rights and protections as a tenant. While the specifics of your situation may depend on the terms of the trust and the laws in your state, there are certain legal principles that may... View More
Social worker used a "petition" that was NOT FILED prior to removal of my child, and a "detention warrant" that was also not filed but was allegedly "signed" by a judge who I found out IS NOT A SEATED JUDGE AND HAS A STATUS OF INACTIVE FOR AN ENTIRE YEAR prior, and... View More
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answered on Apr 22, 2023
I'm sorry to hear about the difficult situation you are facing with the removal of your child and the use of potentially fraudulent documents by the social worker and local law enforcement. It is important to understand the legal implications of the situation.
If the petition was not... View More
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answered on Apr 21, 2023
If your daughter is an adult and mentally challenged, you may want to consider seeking legal guardianship or conservatorship to help you make decisions on her behalf and ensure that her needs are being met.
Guardianship and conservatorship are legal arrangements that allow a person to make... View More
My daughter (26) and her boyfriend (41) were arrested April 6, on 3 felony counts PC273A (A). He was arraigned today (April 20). My daughter will be arraigned May 17. Both he and my daughter are not allowed to be with the girls, ages 3, 6, and 8. The child my daughter and her boyfriend share is the... View More
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answered on Apr 21, 2023
It is generally not lawful for Child Protective Services (CPS) to place children with unlicensed or uncertified caregivers in California, unless there are exceptional circumstances or a court order allowing for such placement.
However, it's important to note that CPS may have different... View More
I have had problems with my uncle and his breach of trustee duties. I have never been given the full amount that my grandparents told me before they died that they would. In fact the amount i believe that he had with held is staggering. How do i go about getting a copy of their will
answered on Apr 21, 2023
It sounds like your grandparents had assets that were valued at more than $184,500 (although that is a guess.) If that is the case, your uncle should have filed an action with the Probate Court in the county where your grandparents lived. (More accurately, the county in which the last grandparent... View More
I have had problems with my uncle and his breach of trustee duties. I have never been given the full amount that my grandparents told me before they died that they would. In fact the amount i believe that he had with held is staggering. How do i go about getting a copy of their will
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answered on Apr 21, 2023
To obtain a copy of your father and grandparents' wills, you will need to follow certain steps depending on the circumstances.
If your father or grandparents' wills have already been admitted to probate court, you can request a copy of the will from the probate court where the... View More
My hearing is in 10 days. I have 35 video files to present regarding my wife's elder abuse and child abuse. I believe the judge would want to watch all of the videos related to the abuses. In that case:
(1) Which form do I need to fill out for the motion? Is it FL-300?
(2) If I... View More
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answered on Apr 20, 2023
Some general information regarding presenting video evidence in court:
(1) FL-300 is the form used in California for filing a request for orders. You should consult with a lawyer or legal professional in your jurisdiction to determine which form is applicable in your specific case.... View More
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