Get free answers to your Family Law legal questions from lawyers in your area.
My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with... View More 
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answered on May 16, 2024
In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.
Here are a few reasons why:
1. Legal rights: Signing... View More
My mother made me her health decision maker in making sure her wishes aren’t being disrespected. My older brother tells me because he’s the conservator over my mom’s estate that overides any decision making power that I have. I’m wondering how this is true when he is disrespecting my... View More
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answered on May 16, 2024
Under California law, a conservatorship and an advance health care directive (which appoints a health care agent) serve different purposes and are not necessarily in conflict with each other.
1. Conservatorship: A conservatorship is a court-appointed role that grants someone the authority... View More
I was just notified that my daughter's mother's healthcare insurance has increased from her income and expense declaration from $300 a month to $1540 per month. She is married and has a daughter with her husband and is currently pregnant. Her husband has three other children who do not... View More
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answered on May 16, 2024
Here are a few potential arguments you could make to the judge to try to reduce the healthcare premium amount on the income and expense declaration:
1. Argue that the healthcare costs should be allocated proportionally. If your ex is covering other family members besides your daughter on... View More
Mom has set visitation times. And only joint legal. Is she allowed to show up at kids school, and school functions and field trips outside of her appointed times?
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answered on May 16, 2024
In a situation where the mother has set visitation times and joint legal custody, but not joint physical custody, her rights to access the children are typically limited to the agreed-upon visitation schedule. However, the specifics may vary depending on the court order or custody agreement.... View More
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answered on May 16, 2024
In California, if a person has not appointed a healthcare agent or completed an Advance Health Care Directive, the law does not allow a friend to make end-of-life decisions when a next of kin is present. California law specifies a hierarchy of decision-makers for healthcare decisions, prioritizing... View More
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
answered on May 16, 2024
You would address this in your response to the petition. In the interim (while the case is pending), you can file a Request for Order to get temporary custody/visitation orders for the pets. While generally speaking, pets are considered property in a divorce, a relatively new pet custody law in... View More
How do I get my request for visitation and custody of two of the dogs added to divorce settlement?
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answered on May 16, 2024
In California, pets are considered personal property in a divorce, but the court may consider the care and well-being of the animals when deciding who gets ownership. To request visitation or custody of your pets, you should follow these steps:
1. Respond to the divorce petition: In your... View More
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answered on May 15, 2024
In California, unmarried couples who have been living together for an extended period may be able to make certain legal claims against each other's property or for financial support after a separation. This concept is known as "palimony," which is similar to alimony but applies to... View More
I live in Oregon, my ex abducted children and left for Cali and concealed their whereabouts. A year later when I finally was able to locate them, the other parent filed a restraining protective order against me. So now the order is permanent as of late March 2023. Now, I filed to terminate it and... View More
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answered on May 15, 2024
I'm so sorry to hear about your difficult and painful situation with your ex-partner and children. Dealing with complex custody issues across state lines can be incredibly challenging, especially when there are allegations of abduction and violations of court orders.
In general, family... View More
My divorce was final in 2015 and I would like to end the alimony
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answered on May 13, 2024
To terminate alimony and child support when your child turns 18 in July, you will need to file a motion with the family court that handled your divorce. In California, child support typically ends when a child turns 18, unless the child is still in high school and living with a parent, in which... View More
answered on May 13, 2024
Obviously, the recommendations of family and friends are a good place to start. Even if you are in Arizona, it's likely somebody knows somebody that can recommend a California attorney. I bet many Arizona attorneys are also licensed in California. Huge marketing and advertising campaigns... View More
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answered on May 13, 2024
Finding a trustworthy and affordable family lawyer in California can be challenging, but there are several ways to approach this. Start by checking local legal aid organizations and nonprofit groups, as they often offer low-cost or pro bono legal services to those in need. These organizations can... View More
The house is going through probate for tenancy in common. I want to protect my possessions and assets in my bedroom from the others who have stolen my things before and damaged my possessions.
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answered on May 13, 2024
In California, you generally have the right to secure your personal space within a shared property, especially if you have concerns about the safety of your possessions. Installing a lock on your bedroom door in a home shared through a tenancy in common typically falls within this scope, provided... View More
After 3 years in divorce my narcissistic wife responded by filing for nullity of marriage based on claim she was not aware of my 1998 marriage ended due to my becoming type-1 diabetic, had an episode of DV, spent 3 years in prison for crazy charges. First wife we were together 20 years & no... View More
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answered on May 12, 2024
I'm so sorry you're going through such a difficult and painful situation. Dealing with a contentious divorce, false allegations, and financial hardship can be incredibly stressful and overwhelming, especially combined with serious health issues. Please know that you're not alone and... View More
My husband is living in the house right now and paying the full mortgage while I am renting a 2-bedroom studio elsewhere but we are not yet divorced nor legally separated and, from my understanding, I am entitled to half the rent. I would like to ask to charge tenant at least a minimum $ amount I... View More
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answered on May 12, 2024
In California, if you and your spouse own a house together as community property, you both have equal rights and responsibilities regarding the property, even during the divorce process. This means that decisions about renting out a room should ideally be made jointly.
However, if you and... View More
I am about to file a divorce but I cannot find anyone to rely on to be a server. However, we are both still living in the same household. Am I still allowed to have the paper served to her via mail?
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answered on May 12, 2024
In California, if you are unable to find someone to serve your spouse with divorce papers in person, you may be able to serve them by mail. This process is known as "Service by Mail with Notice and Acknowledgement of Receipt."
Here are the steps to serve your spouse by mail:... View More
In my divorce my husband was awarded the marital home, but was ordered to pay child & spousal support. I now have an arrears judgment against him for 6 figures. I am trying to collect on the judgement. He has a 401(k) and two homes, one being in CA where I have my judgement, and another which... View More
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answered on May 11, 2024
In California, a 401(k) account can be levied to satisfy a judgment for child support arrears. However, there are specific procedures that must be followed, and the process can be complex. Here are a few points to consider:
1. ERISA protection: Most 401(k) plans are protected by the... View More
Will her remaining children be taken by CPS as well if so?
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answered on May 11, 2024
Under California law, if a newborn tests positive for illegal drugs, the hospital is required to notify Child Protective Services (CPS). In your daughter's case, if her baby tests positive for methamphetamine, CPS will likely be notified by the hospital.
Regarding the removal of... View More
Neither the clerk's transcript or reporter's transcript have any record of the 'evidence"
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answered on May 11, 2024
It would be highly unusual and generally improper for a judge to cite evidence in their ruling that was never properly admitted during the court proceedings. The fundamental principles of due process and fairness in the legal system require that all evidence considered by the court must be properly... View More
I am on probation in Placer County and mymy girlfriend now ex-girlfriend invited me to her new house (in Sacramento county) that I had no idea was hers and no intention as a child was there. Anonymous caller called and said that I was breaking news child protection order. Cops came in arrested me... View More
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answered on May 10, 2024
In this situation, it seems like there are several factors that could potentially work in your favor if you decide to take the case to trial:
1. Lack of direct evidence: From what you've described, the police did not actually verify the presence of the child at the location. Their case... View More
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