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California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Does the courts take text messages and pics as evidence/proof??

The father of my children has been on drugs and selling drugs. We are married. He was living in my home before I realized he was doing drugs. He over dozed in our home. I have pics of the damage he caused in our bathroom and hospitalizations of him being in coma. On top of that I took pics of his... View More

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answered on Apr 16, 2023

Yes, text messages and pictures can be used as evidence/proof in court, provided that they are authentic and relevant to the case. It is important to make sure that the evidence is not tampered with or altered in any way. In your situation, the pictures of the damage caused by drug use and... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: I’m looking to see if I can get a lawyer to help me on my divorce. I’m not working and no income.

My husband filed the papers last month & need to understand the process before I sign anything especially alimony/maintenance.

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answered on Apr 16, 2023

If you are unable to afford a lawyer for your divorce, there are options available to you. You may be eligible for legal aid services, which provide free or low-cost legal assistance to those who cannot afford it. You can contact your local legal aid office or bar association to inquire about these... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: what can i do to prevent my spouse from taking our 5 year old out of country

we are currently separated , spouse is from france, child was born in u.s.

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answered on Apr 15, 2023

To prevent your spouse from taking your 5-year-old child out of the country, you may want to take the following steps:

Speak with an attorney: Consult with a family law attorney who can advise you on the legal options available to prevent your spouse from taking your child out of the...
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2 Answers | Asked in Divorce, Domestic Violence and Family Law for California on
Q: Just wondering if I qualify for legal representation on a domestic violence and psychological abuse case. Disable patien

If it were the woman in domestic abuse or psychological abuse, the man would be obliged to provide an allowance, is that possible for the male spouse?

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answered on Apr 14, 2023

If you are a victim of domestic violence or psychological abuse, regardless of your gender, you may be able to obtain legal representation. Many organizations and attorneys specialize in providing legal assistance and advocacy to survivors of domestic violence and abuse.

As for your...
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2 Answers | Asked in Divorce, Family Law and Domestic Violence for California on
Q: I'm a 52yo Male,29 years marriage, disable 3 years, cardiac patient, dialysis dependent, pacemaker holder, in domestic v

Psychological abuse, not able to work and unable to move out. Seeking for shelter and legal advice, victim of adultery proved with DNA paternity tests and 0 income. Wondering if I qualify for any kind of help, no luck so far help is mostly for women but not much for men, thanks hope you can help or... View More

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answered on Apr 14, 2023

I am sorry to hear about the difficult situation you are facing. Domestic violence and abuse is a serious issue that affects many people regardless of gender. While it is true that resources for victims of domestic abuse tend to be more geared towards women, there are still resources available to... View More

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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: How do I go about getting medical records of a deceased loved one? I am an heir to this person.
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answered on Apr 13, 2023

As an heir of a deceased loved one, you have the right to obtain their medical records. The process for obtaining these records will depend on the state where the person received medical treatment and the policies of the healthcare provider who has the records.

In general, you will need to...
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2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Q: How do I go about getting medical records of a deceased loved one? I am an heir to this person.
Julie King
Julie King
answered on Apr 13, 2023

There are VERY STRICT privacy rules surrounding people's medical information and, unless your loved one signed a waiver of their right to privacy (also known as a HIPAA Waiver) that specifically includes your name as someone your loved one wanted to be able to access the medical records, there... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I want to file for joint custody of my daughter but I’m not sure how to go about it or what expectations I should have

There isn’t currently a case open because my ex took her out of state and has kept her and been letting me FaceTime her but now that I’m asking to have time she’s trying to keep her from me. I live in Washington and she’s has the baby in California

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answered on Apr 13, 2023

If you are seeking joint custody of your daughter, there are several steps you can take to initiate the legal process and understand what to expect:

Consult with a family law attorney: The first step is to consult with a family law attorney in the state where your daughter resides...
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1 Answer | Asked in Family Law and Probate for California on
Q: I filed a petition for conservatorship with other family members as co-conservators can they subpoena documents also?
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answered on Apr 12, 2023

As per California law, when a petition for conservatorship is filed, the proposed conservator(s) may request and obtain documents related to the proposed conservatee's financial and medical situation. The proposed conservator(s) are required to disclose this information to the court during the... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: Hello am I able to remarry even if my divorce hasn't been finalized? (california)

divorce is currently in process and paper work has been filed. The current status is "Judgment Package Received-Stipulated "

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answered on Apr 12, 2023

In California, it is not legal to remarry until the divorce is finalized and a judgment of dissolution has been entered by the court. While the status of "Judgment Package Received-Stipulated" means that the divorce is in its final stages, it is important to wait until the court... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: How long do i have to wait for a judge to make a decision on my case?

My spouse and i are getting legally separated. On 12/1/2022 we subm9tted the final judgement packet to the court clerk in Riverside County Superior court in Hemet, CA. It is a simple separation. No property to split, no children, no spousal support. I need this legal separation to be completed... View More

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answered on Apr 12, 2023

In California, there is no specific time frame in which a judge is required to make a decision in a legal separation case. However, the California Family Code does state that a judgment should be entered within 30 days of being submitted to the court for cases without property, spousal support, or... View More

1 Answer | Asked in Family Law for California on
Q: Can a Acknowledgement of Paternity Form be altered without the father knowing or consenting after it has been signed?

The mother of my child had me removed from the hospital after we signed the AOP form. Without my knowledge or consent she crossed out the name we chose for my son and changed his first middle and last name. Are you able to make changes to a document after its signed without consent from both people... View More

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answered on Apr 12, 2023

An Acknowledgment of Paternity (AOP) form is a legal document that establishes paternity and creates a legal relationship between a father and his child. Once an AOP has been signed by both parents, it becomes a binding legal agreement that cannot be altered without the consent of both parents or a... View More

1 Answer | Asked in Child Custody, Estate Planning and Family Law for California on
Q: If guardianship is terminated, does the judge at that time decide custody? Child is 15, would he be able to choose?

I do live out of state and would want to take my son with me. Would I need to file for custody? Would I be allowed to leave state with son, without additional judgment?

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answered on Apr 11, 2023

If guardianship is terminated, the judge may need to make a decision regarding custody if there is no agreement between the parents. In this case, the judge will consider the best interests of the child when making a custody determination.

If your child is 15 years old, the judge may take...
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1 Answer | Asked in Divorce and Family Law for California on
Q: When filing an FL100 how do i keep from having my spouse find out my new address
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answered on Apr 11, 2023

When filing an FL100 form in California, one way to keep your spouse from finding out your new address is to request that your address be kept confidential. You can do this by filling out and submitting form FL-317 along with your FL100 form. This form requests that the court keep your address and... View More

1 Answer | Asked in Family Law and Arbitration / Mediation Law for California on
Q: Having been unemployed and financiallysupported by my unofficial partner for 12+ years, what are my rights as he ends i?
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answered on Apr 11, 2023

If you have been financially supported by your unofficial partner for 12+ years and he ends the relationship, you may have certain legal rights to financial support.

In California, the law recognizes "palimony" - which is similar to alimony in a divorce - for unmarried couples who...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I get my 2yr old back that was removed from my home because of Cps?

I have a Cps case that started because of domestic violence my son was left in my care and removed from his mothers . It was court ordered that she could not have unmonitored visits with our son unless someone other then me was there to monitor . Me and his mother shared one car since we been... View More

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answered on Apr 11, 2023

If your 2-year-old child has been removed from your home by CPS (Child Protective Services), it is important to take immediate action to try to regain custody of your child.

First, you should try to work with CPS and the court to address any concerns that led to the removal of your child....
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1 Answer | Asked in Juvenile Law and Family Law for California on
Q: My granddaughter was adopted by her paternal aunt. I have asked for a year to be able to visit her.

I want to get visitation rights. I raised her her first 3 years. I am 77 and feel I do not have much time left

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answered on Apr 11, 2023

If your granddaughter was adopted by her paternal aunt, you may have limited legal options for obtaining visitation rights. However, you may be able to petition the court for visitation based on your previous relationship with your granddaughter and your ongoing bond with her.

In...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: How do I go about ending guardianship and regaining custody of my son? I live in a different state than my son

My sons paternal grandfather has guardianship and it’s no longer in my sons best interest to live with him

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answered on Apr 11, 2023

If you want to end guardianship and regain custody of your son who is living with his paternal grandfather in a different state, you will need to take legal action.

First, you should consult with an attorney who specializes in family law and has experience with guardianship cases. An...
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1 Answer | Asked in Civil Litigation and Family Law for California on
Q: I was represented in a dissolution. I can no longer afford representation. Will I be questioning my ex on direct?

The trial after four years is to start in three weeks

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answered on Apr 9, 2023

If you can no longer afford legal representation in your dissolution case, you may have to represent yourself at trial. As a self-represented litigant, you will be responsible for questioning your ex on direct examination, cross-examination, and any other witness who testifies at trial.

It...
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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Did my ex kidnap our son?

My narcissistic ex didn't drop off our child at the agreed upon time and location our child on Easter (my holiday per our divorce decree). I think he has taken out son out of town instead without telling me. He won't answer my calls or texts. Is this kidnapping? What can I do?

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answered on Apr 9, 2023

If your ex did not drop off your child at the agreed upon time and location and has taken your child out of town without your knowledge or consent, it could be considered parental kidnapping. However, there are certain legal criteria that must be met in order for it to be considered kidnapping,... View More

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