Get free answers to your Family Law legal questions from lawyers in your area.
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
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
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.
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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?
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
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
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
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
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
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
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
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
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
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
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
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
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?
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
Do I need to apply for successor conservator of the person and estate?
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
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