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Wife took 3 years old child w Autism and mental retardation away. She was abusing my 75yo disabled mother for long time. I have over 30 videos from living room security camera. Police opened the elder abuse case. In most of videos, wife did abusive behaviors in font of the child. We have child... View More 
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answered on Apr 8, 2023
Yes, a PsyD (Doctor of Psychology) can be an expert witness in a child custody case and testify about how a parent's abusive behavior may affect a child with mental disabilities. It is not always necessary for the expert witness to interview the parties directly, as they can base their... View More
Ex told me he talked to his attorney about contested matters in our case. He text me this information and I want to call the attorney as a witness. He broke privilege by telling me what can I do?
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answered on Apr 9, 2023
No, you cannot ask the attorney questions as a witness based solely on the information that your ex shared with you. Attorneys are bound by attorney-client privilege, which means that they cannot disclose confidential communications with their clients without their client's consent or a court... View More
We've been together for 21 years, but never married, we also don't have joint accounts and have 3 children a 18 yr old, 14 & 8 year old.
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answered on Apr 7, 2023
If you and your partner want to separate and divide the ownership of the two homes you own together in California, the easiest way to do so would be to have a conversation with each other and try to come to an agreement on how to divide the property.
Once you have agreed on a division, you... View More
There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings... View More
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answered on Apr 7, 2023
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the... View More
A non parent petitioned for Guardianship intentionally deceiving the Court by claiming unaware of the parents whereabouts. During that time 5 months of hearings and an investigation took place, along with a report being issued with a recommendation favoring the petitioner because the parents were... View More
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answered on Apr 7, 2023
Yes, the parents' right to due process was violated by not being served from the start and not being served final orders. This is a serious issue, as the parents were prevented from participating in the legal proceedings that affected their parental rights. As a result, they were unable to... View More
Appearance is made before the 3 year time limit, it is considered being served. what about a general appearance made 3 years after the time limit?
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answered on Apr 6, 2023
Under California law, if a summons and complaint are not properly served within the 3-year time limit, the action must be dismissed. However, if a defendant makes a general appearance in the case before the 3-year time limit expires, the appearance is considered to be the equivalent of being served... View More
I have reason to believe that he will activate/refile the petition soon. If the petition was filed 11 years ago, is it still active or valid? A search of the county courthouse records shows that it’s still active. I thought cases become inactive after 10 years. Will the process have to start... View More
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answered on Apr 6, 2023
If you never received the original summons from your husband's 2012 divorce filing, you can request proof of delivery to confirm whether or not it was properly served to you. This can be done by contacting the court where the case was filed and requesting a copy of the proof of service.... View More
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answered on Apr 6, 2023
If an attorney's corporation is FTB (Franchise Tax Board) suspended in California, it may still be able to represent clients, but there are some limitations to what it can do.
According to the California Business and Professions Code, an FTB suspended corporation is not allowed to... View More
Per our divorce papers my ex husband was claiming my son on his taxes. My son is 21 now, lives with me full time, goes to college part time and works. Can I claim my son as a dependent. My ex says no because of the divorce papers but my son is an adult now? Help
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answered on Apr 5, 2023
As your son is now 21 years old and living with you full time while attending college and working, you may be able to claim him as a dependent on your taxes, regardless of what is stated in your divorce papers. The Internal Revenue Service (IRS) has specific rules for claiming dependents, including... View More
Custody What can I do what would be the best thing for me to do?
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answered on Apr 5, 2023
If you have joint custody with someone and do not know where they live, this can present challenges in terms of fulfilling your custody agreement.
It is important to make efforts to locate the other party, such as trying to contact them through known phone numbers or email addresses, or... View More
She feels we continue to have a relationship despite the fact I have not seen her in over a year. She is unstable both financially and emotionally so evrytime I try and explain she threatens me. Help.
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answered on Apr 5, 2023
If your ex-girlfriend is threatening to post pictures of you on social media and contact your employer and children to defame you, you may need to consult with a lawyer who specializes in defamation law.
Defamation is a legal term that refers to false statements that harm someone's... View More
Hello.
My wife and I have been living in California Sacramento county for about 8 years and are going to divorce in CA state Sacramento county in the future. We want to start the divorce with a separation agreement and our questions are about the public notary and witnesses.
Q1: Do... View More
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answered on Apr 5, 2023
In California, a separation agreement between spouses does not require a witness to be present during notarization. Notarizing a document is enough to make it legally binding.
However, it is important to note that if the separation agreement involves certain types of property, such as real... View More
Hello.
My wife and I have been living in California Sacramento county for about 8 years and are going to divorce in CA state Sacramento county in the future. We want to start the divorce with a separation agreement and our questions are about the public notary and witnesses.
Q1: Do... View More
answered on Apr 5, 2023
If you and your spouse want to enter into a legal agreement without filing for divorce, for legal separation, or without otherwise making this agreement into an enforceable court order, to be valid, the agreement must meet the requirements of basic contract law. It must be 1) in writing, 2) there... View More
Mom hasn't seen the biological father since she was 4 months pregnant. The little girl is 3 years old.
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answered on Apr 5, 2023
In California, if a mother has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, there are certain legal steps that must be taken to terminate the biological father's parental rights and proceed with the adoption.... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
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answered on Apr 6, 2023
No, a client cannot create a Retainer Agreement for an attorney without the client's consent. The Retainer Agreement is a legal document that outlines the terms and conditions of the attorney-client relationship, including the scope of representation, fees, and other important details.... View More
The client remembers signing a Retainer agreement with the attorneys law firm letterhead, the one she was given was from her to the attorney with only her signature.
answered on Apr 5, 2023
An attorney is required under the Rules of Professional Responsibility to provide a retainer agreement in almost all situations in which he will be representing her interests. However, that does not prohibit a retainer agreement that the client has drafted. However, without the signature, it seems... View More
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answered on Apr 5, 2023
In California, if you and your children's mother are legally married but separated, and your children are living with her, she cannot unilaterally deny you access to your children. As a parent, you have a legal right to have a relationship with your children, and this includes spending time... View More
They just told me two days ago she has already been adopted straight out of the hospital without my knowledge I want to know what my rights are for visitation or anything
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answered on Apr 2, 2023
If your son and his girlfriend put your granddaughter up for adoption without your knowledge or consent, you may have legal rights to seek visitation or custody of the child depending on the circumstances of the case. However, the specific laws governing adoption and parental rights can vary... View More
I received a 3 year tro from my ex. The Court did not apply 3044 at the hearing of my DVRO, because trial is one month away, the Court considered it a moot point. I’m experiencing severe anxiety having to share jointly with my ex during the interim. One example, he is unwilling to meet me at the... View More
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answered on Apr 2, 2023
Family Code section 6322 grants the court the authority to make temporary orders regarding the care, custody, and control of minor children during the pendency of a custody case. This means that you may be able to seek temporary orders to modify the exchange location and put the minor child on your... View More
This is the true story. There was a bystander who came in the middle of our argument when my husband was trying to calm me down. I had hit my husband before their arrival and was trying to take his cellphone. They reported that my husband is grabbing my shoulders even though I was the aggressor and... View More
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answered on Apr 2, 2023
As an alleged victim in a domestic violence case under PC 243e in California, you may have the right to testify in court about what happened, including admitting that you were the primary aggressor and hit your husband. However, it is important to understand the potential consequences of such... View More
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