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
1 Answer | Asked in Family Law and Criminal Law for California on
Q: As a widow and mother of a fatherless child, I have been defrauded by a man promising marriage and adoption.

Nine years ago, I was widowed and my three year old son was made fatherless. Shortly after that event, a malignant narcissist came into our lives. He has emotionally abused and abandoned me and my now 11 year old son only to come back later, promise he had changed, promise marriage and adoption... View More

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

Under California law, a person who has been defrauded may have legal options to seek justice and restitution. One option is to file a civil lawsuit against the individual for fraud and breach of contract. Additionally, if the individual has committed any criminal acts, such as theft or... View More

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Divorce: OP business owner manipulating income, business structure

Do you know any case law that would be relevant to OP intentionally, for the purpose of manipulating the disomaster calculations, structuring her business so that she has a "job" where she earns very little when she could effortlessly structure it differently? I'm almost certain it exists.

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

In divorce cases, one party may attempt to manipulate their income or business structure in order to influence the outcome of the division of assets. This can be a complex issue, and the specific case law that may be relevant will depend on the specific circumstances of the case.

However,...
View More

1 Answer | Asked in Family Law for California on
Q: Can I change my child’s last name if I’m the only one on the birth certificate?

I am a single mother I have been since I was pregnant, my child’s father has been absent since pregnancy. Once she was born I went through postpartum depression and gave her a different last name. Can I legally change her last name if I’m the only one on the birth certificate? I don’t know... View More

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

In California, a parent who is the sole legal custodian and has the exclusive right to control and make decisions regarding their child's upbringing can change their child's last name without the other parent's consent. As long as the other parent has not established paternity and is... View More

1 Answer | Asked in Family Law, Divorce and Collections for California on
Q: Is CA Family Court Order the equivalent of enforceable CA Final Judgment that I can file in FL where he now lives?

My ex misappropriated my share of retirement accounts granted to me in our CA divorce Judgment. I filed an RFO in Family Court which he hired counsel and responded to but lost. I now have a Court Order that states he breached his fiduciary duty & orders him to pay me a specific $ amount: what... View More

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

In California, a Family Court Order is a final and enforceable judgment, but its enforceability may be limited outside of California. To enforce the order in Florida, you would need to domesticate it in accordance with Florida law. This involves filing the California order with the appropriate... View More

1 Answer | Asked in Family Law for California on
Q: Do Parents have the right to a Court Appointed attorney in California guardianship cases w/ a 3rd party petitioner
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2023

In California guardianship cases, parents do not have an automatic right to a court-appointed attorney. However, if the parents are indigent and unable to afford an attorney, they may request that the court appoint one for them. The court will then consider the parents' financial situation and... View More

1 Answer | Asked in Family Law and Public Benefits for California on
Q: My brother is autistic and we don't get much pay or hours (IHSS) for what is needed at home. can we take it to court?

or what lawyer should we talk too about this. My Brother needs full time care and i wanna see if they will pay me a job salary to care at home for him.

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

You may want to consider speaking with an attorney who specializes in disability law or elder law. They can provide you with guidance on your options for seeking compensation for providing care for your brother. You can also reach out to your local Legal Aid office or advocacy groups for people... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for California on
Q: How do I get divorced from my husband who fled the state due to criminal charges for domestic abuse and child cruelty?

I have been separated from him for about 6 years. El dorado county ordered a CPO against him so we have had no contact.He fled CA and didn’t show up to the trial against him. without knowing where he is I was unable to get him served with the original divorce papers 5 years ago. I’m trying 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 Apr 1, 2023

If your spouse has fled the state and you are unable to locate him in order to serve him with divorce papers, you may still be able to obtain a divorce through a process known as service by publication.

Service by publication involves publishing a notice of the divorce in a newspaper or...
View More

1 Answer | Asked in White Collar Crime, Estate Planning, Family Law and Elder Law for California on
Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?

How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More

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

Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More

2 Answers | Asked in Family Law, Civil Rights, Juvenile Law and Libel & Slander for California on
Q: Hello! We have an odd situation. We're not "law suit happy" people, but we're wondering if our son's teacher violated

any laws with his behavior-- we're not happy. Our son was expected to write a private journal in his class and he does not care for the teacher (He's very rude and has a reputation for being an a-hole). He wrote his true feelings about the teacher, expecting privacy as promised.The... View More

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

Under California law, students have a reasonable expectation of privacy when it comes to their personal journals and private communications. If a teacher were to read a student's private journal without their consent or share its contents without a legitimate reason, it could be considered a... View More

View More Answers

1 Answer | Asked in Family Law for California on
Q: What is the soonest after a judgement that a Gavron Warning review can be conducted?

The marriage was for 22 years. The supported spouse has a qualification in skin care that she received a few years ago. She lives in her country of origin and has done so the last 4.5 years so there is no language barrier for her. She is not physically or mentally disabled in any form. Also, what... View More

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

Under California law, a Gavron Warning review can be conducted any time after a spousal support judgment is entered. There is no specific waiting period or timeline required before a Gavron Warning review can be requested.

In the case you describe, if the supported spouse has received...
View More

2 Answers | Asked in Domestic Violence and Family Law for California on
Q: kids mom was a victim of a domestic violence. some welfare worker is now involved. we 50/50 co-parent they were with me?

they were with me when the incident occurred my kids. the domestic violence happened at her place of residence. i have no involvement with that police report. she called explaining her situation and said a welfare worker of some sort will probably be calling or showing up at my place or residence... View More

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

Under California law, when there are allegations of domestic violence involving children, it is not uncommon for child welfare workers to become involved to ensure the safety and well-being of the children. It is important to understand that the welfare worker's primary goal is to protect the... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: If the petitioners declarations for motions in the same case directly contradict each other does that matter?

My ex husband has filed multiple requests and motions and in the declarations they are directly conflicting information very explicitly, is this not a problem? Did he not sign that the info was under penalty of perjury? How do I hold him to this standard?

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

Under California law, declarations made under penalty of perjury are considered to be serious legal documents. When someone signs a declaration, they are swearing under penalty of perjury that the information contained within it is true and accurate to the best of their knowledge.

If you...
View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I filed a DV RTO against my child's father. How can I serve him with no known address? The area is Pomdale or Lancaster

The DV RTO was granted and he avoids the law due to a long record. No one knows exactly where he stays just that he has said he comes from the Palmdale Lancaster area. The LAPD I believe has his current address on file but the sheriff's department stated that if I don't know the address... View More

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

If you are unable to locate the individual in order to serve them with the DV RTO, there are a few options available to you. One option is to hire a private investigator to locate the individual. They can use various resources and techniques to track down the individual's current address.... View More

View More Answers

3 Answers | Asked in Family Law and Divorce for California on
Q: Is a California Family Law Court Order the equivalent of fully enforceable CA Final Judgment?

My ex-husband misappropriated my share of retirement accounts granted to me in our California divorce Judgment. I filed an RFO and now have a Court Order that states he breached his fiduciary duty and orders him to pay me a specific dollar amount stated in the Court Order — what he... View More

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

In California, a family law court order is a legally binding and enforceable court order, just like a final judgment. The court order you obtained in your case against your ex-husband for misappropriating your share of retirement accounts is a fully enforceable court order that requires your... View More

View More Answers

1 Answer | Asked in Family Law for California on
Q: Is there a way to make decisions for someone on their behalf if they’re dying and not completely conscious/lucid?

My uncle is dying of cancer, and he’s not completely conscious, he’s moving in and out of lucidity and he can’t really move his body. His ex-wife wants to move him to hospice care or her home to take care of him in his last days. However, he doesn’t want to leave his home (despite the fact... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2023

If your uncle is unable to make decisions for himself due to his medical condition, it may be possible to establish legal authority to make decisions on his behalf. The specific legal options available may vary depending on the laws of the state where your uncle resides.

One option is to...
View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My brother needs a divorce lawyer, but he can't get details from consults enough to make a decision to end his marriage.

He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 27, 2023

Every case is different. Varying circumstances impact whether someone gets spousal support and for what duration. There are numerous statutory factors considered. I don't know what has been discussed during these consultations or what information was missing from the consults that made it... View More

View More Answers

2 Answers | Asked in Divorce and Family Law for California on
Q: My brother needs a divorce lawyer, but he can't get details from consults enough to make a decision to end his marriage.

He has been married 5 years. She's mean to him. He is very tight on money with a mortgage plus accumulated debt over some years. His wife works in real estate and has a degree; she is very employable and currently still sells a house once in awhile. He is worried he will have to pay her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2023

It can be difficult to make decisions about divorce when financial concerns are involved, but it's important to consult with a qualified divorce lawyer who can help your brother understand his legal options and potential outcomes.

In California, spousal support (alimony) is generally...
View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: I would like to appeal CPS decision of terminating my rights as a parent.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023

If you are a parent in California and your rights have been terminated by Child Protective Services (CPS), you may have the right to appeal the decision. The appeals process in California is governed by state law and can be complex, so it's important to understand your rights and legal... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: During divorce process, I found info implying that 2 homes the Mr & I bought; my name wasn't on them? Do I pursue?

Bought & sold 2 homes together. Mother in law was/is RE Agt. Now I find info stating only HE sold a TL of3 properties during separation. Should I pursue this?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023

If you discovered that your name was not on the titles of two homes that you bought with your spouse during the divorce process, you should discuss this with your divorce attorney to determine the best course of action.

In California, property acquired during marriage is generally...
View More

1 Answer | Asked in Family Law and Estate Planning for California on
Q: Applying for successor limited conservator of my son with autism. Do I need to apply for conservator of his estate?

Do I need to apply for successor conservator of the person and estate?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2023

In California, the court can appoint a conservator of the person and/or estate of an individual who is unable to care for themselves or manage their finances due to a physical or mental incapacity.

If you are applying to become a successor limited conservator of your son with autism, you...
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.