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California Family Law Questions & Answers
2 Answers | Asked in Family Law and Child Custody for California on
Q: Who can contact to have a court case file investigated for illegal actions made in court?

I want to have a legal expert to go over a previous DCFS case from 2018 to investigate illegal actions made by dcfs and the courts. One example there is physical evidence just accusations and the so called witnesses all have same statement word for word they lied and changed the sheriff's... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 11, 2023

if you had a court case, the person to ask, who has all the info, is your lawyer.

if you don't have a lawyer, set up a consultation with a local lawyer who practices in this area.

you might try to contact legal aid if you can't afford a lawyer.

you might consider...
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1 Answer | Asked in Divorce and Family Law for California on
Q: Well, is it true in California even in a short marriage alimony must be paid?

My brother has been married for 5 years. The marriage is bad. She treats him really awful. He wants a divorce but his wife doesn't have steady income (real estate agent) so he's worried about the alimony, even if short lived. He has a lot of CC debt plus his mortgage takes most of his... View More

James L. Arrasmith
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answered on Mar 11, 2023

In California, whether or not alimony (also called spousal support) is awarded in a divorce case, and for how long, is determined by the court based on several factors, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: This is a guardianship case and I'm asking a question about my parental rights

I signed over guardianship to my parents while I was in prison, because living with my wife was in a safe place for my boys. Does this take away my parental rights, and the fact that my stepdad has been lying to the courts telling them that they don't know where I'm at, I'm a... View More

James L. Arrasmith
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answered on Mar 10, 2023

Signing over guardianship of your children to your parents does not automatically terminate your parental rights, but it does temporarily transfer legal custody of your children to your parents. As the biological parent, you still have certain parental rights, such as the right to have a... View More

1 Answer | Asked in Contracts and Family Law for California on
Q: If I gave my sister in law guardian because my fiancé passed who has more rights

Can she keep him from me I signed giving her guardianship she’s using against me how do I revoke this

James L. Arrasmith
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answered on Mar 10, 2023

In California, if you gave your sister-in-law guardianship over your child, she may have legal custody and control over your child until the guardianship is revoked or terminated.

If you want to revoke the guardianship, you will need to go through the legal process of terminating the...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Wife's TRO(DV-110/140) has been consolidated with my Divorce(FL-100)

TRO filed in Van nuys(hearing 03/23) on 02/28 and Divorce filed in los angeles on 03/10. I consolidated wife's TRO with my FL-100, but TRO is related matter with child, and the new TRO hearing in LA is scheduled on June, 05 - so horrible. I have a strong cause to request to advance the TRO... View More

James L. Arrasmith
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answered on Mar 10, 2023

First, it's important to consult with a licensed attorney in your area who can advise you on the specific forms and procedures that are required in your case. A lawyer will be able to review your situation in detail, provide you with legal advice and help you prepare the necessary forms and... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How to Transfer TRO at Los Angeles(LA county) to Divorce case at Inglewood(LA county)

Jane got and served TRO at "A" court against John. TRO hearing date is March-23. He immediately filed FL-100 at "B" court and wants to transfer Jane's TRO to his location court. Both courts are located in Los Angeles county. In that case, what form should be filed to... View More

James L. Arrasmith
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answered on Mar 10, 2023

To transfer the TRO from Court A to Court B, John should file a Request for Transfer of TRO (form DV-124) with Court A. The form should include the reason for the transfer and a copy of the FL-100 filed with Court B.

If John files the Request for Transfer of TRO on March 10, the TRO hearing...
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1 Answer | Asked in Divorce and Family Law for California on
Q: My sis just found out her spouse is a registered sex offender for a 12 yr old. Does he have to tell me before we marry

She has her adult son & 11 yr old GSon living with them & her spouse (divorcing) has walked out to them naked. I’m worried if she needs protection against him while this divorce is processed?

James L. Arrasmith
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answered on Mar 10, 2023

In California, registered sex offenders are required to disclose their status to their spouses or partners, as well as any children or other household members who may be at risk of harm. Failure to do so can result in criminal charges. Therefore, if your sister's spouse did not disclose his... View More

2 Answers | Asked in Civil Litigation, Family Law and Child Custody for California on
Q: Is there any case law that says a step-parent cannot represent their adult step-child in a child custody case?

Stepmother is an attorney. No blood relation to parties. Stepdaughter never married child´s father.

James L. Arrasmith
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answered on Mar 10, 2023

Under California Rules of Professional Conduct Rule 3-310, attorneys are prohibited from representing a client if a significant risk exists that the representation of one client will be materially limited by the lawyer’s own financial, business, property, or personal interests.

While...
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1 Answer | Asked in Child Support and Family Law for California on
Q: Can I request from a judge to retro a new child support order in California?

I have 50/50 custody of my 17 year old daughter with my ex. He moved out of our home state (California) to Texas and has not seen my daughter once in over two years. He has paid me $275 (total) in expenses in the last two years. I have paid for her entire wellbeing (medical, food, etc.). It... View More

James L. Arrasmith
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answered on Mar 8, 2023

In California, a child support order can be modified if there has been a change in circumstances since the original order was issued. This could include a change in income, a change in custody or visitation arrangements, or a change in the child's needs.

Based on the information you...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Could I take my father’s legal rights to me if I am only 14?

I am 13 about to turn 14 and my father had been absent in my life for a great number of months from the time he left when I was 5 he had also abused me physically, emotionally, verbally when I was younger and now he currently lives in Las Vegas Nevada.

James L. Arrasmith
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answered on Mar 7, 2023

As a minor under 18 years old, you are not able to initiate legal proceedings to take away your father's legal rights to you in California. However, if you have concerns about your safety or well-being due to your father's abusive behavior, there are steps you can take to protect... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: What am I giving up by granting my spouse "sole physical custody" in CA (USA) and retaining joint legal custody?

That is, if we are able to create a plan together, will I still have sufficient visitation time and (hopefully) overnights? I am a stable dad, but we wish to have them live with her "most" of the time and we would create a visitation schedule that fits our specific needs. I fear that... View More

James L. Arrasmith
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answered on Mar 7, 2023

In California, granting your spouse "sole physical custody" means that your children will primarily reside with your spouse and that your spouse will have the authority to make day-to-day decisions regarding the children's care, including their physical health, education, and... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: What am I giving up by granting my spouse "sole physical custody" in CA (USA) and retaining joint legal custody?

That is, if we are able to create a plan together, will I still have sufficient visitation time and (hopefully) overnights? I am a stable dad, but we wish to have them live with her "most" of the time and we would create a visitation schedule that fits our specific needs. I fear that... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 7, 2023

Physical custody relates to where the children live. Legal custody relates to who has the power to make certain types of decisions for the children (medical, psychological, consent for sports and field trips, etc., getting a passport) If your spouse has "sole physical custody" that... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My TRO granted, but reserved until "RFO".

Today my TRO was, in fact, granted, but the judge reserved it until I file an RFO, as noted on the DV-109. I am confident that the judge will assist me. However, I was not familiar with the RFO form, and the judge's assistant instructed me to file FL-300 instead. My wife, who is a foreign... View More

James L. Arrasmith
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answered on Mar 7, 2023

It sounds like you are going through a difficult time, and I understand that this can be confusing and overwhelming. In regards to your question, it's best to consult with an attorney who specializes in family law and has experience with these types of cases. However, here is some general... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: can I still go after husband for more of house money then he gave me ? him 447.000.00 me 1000.00.00

he moved to Arizona where he is filing divorce papers im still in ca he also bought a house in Arizona which I never signed off on

James L. Arrasmith
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answered on Mar 6, 2023

Whether you can still pursue a claim against your husband for a larger share of the house proceeds depends on several factors, including the terms of your divorce settlement, the applicable laws in your state, and the specific circumstances of your case.

In general, once a divorce...
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1 Answer | Asked in Family Law for California on
Q: Legally changing name in California

I live in Missouri. Can I legally change my name in California? We want to move and start fresh. No avoiding debt or anything illegal, have an 800 credit score. Just a new start.

James L. Arrasmith
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answered on Mar 5, 2023

You can legally change your name in California even if you currently live in Missouri. However, you will need to follow California's specific procedures for changing your name.

To legally change your name in California, you will need to file a petition for a name change with the...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: 3130 Order VS TRO?

We're married and no any court order about family law. I mean 100% clean about family lawsuit and condition in default. My wife took 3yo child away from me 2.5 weeks ago without my consent or court order and whereabouts is unknown. My guess they are staying in the same county shelter, so DA... View More

James L. Arrasmith
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answered on Mar 5, 2023

A Temporary Restraining Order (TRO) is a court order that prohibits a person from engaging in certain activities, such as contacting or coming near the protected person or child. A TRO can be obtained quickly, without notice to the other party, and is intended to provide immediate protection in... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: I'm eligible to serve DV-100 RO (Restraining Order)?

The protected person is our 3yo child and restrained person is my wife. I filed as "through guardian ad litem by" on child name. In that case, can I serve DV-100 to wife? or I need still a 3rd party to do that? Thank you!

James L. Arrasmith
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answered on Mar 5, 2023

In California, a person can file for a restraining order against someone who has abused or threatened them or their child. The restraining order can include provisions that prohibit the restrained person from contacting or coming near the protected person or child.

In your case, if you...
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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: Is there any statute of limitations on providing either party a copy of a protective order in California ?

I was just wondering if there is any time limit for this. The court apparently issued a new protective order (there was already a CPO in place) at my partners last court hearing where he accepted a deal. However it has almost been one month since that court date and I have yet to receive anything... View More

James L. Arrasmith
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answered on Mar 4, 2023

Under California law, there is no specific statute of limitations on providing a copy of a protective order to either party. However, it is generally expected that the parties will receive a copy of the order as soon as possible after it has been issued.

In your case, if it has been almost...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for California on
Q: I need to know how to prove a crime was committed on me Malignant covert narcissists

Emotional abuse with some fiscally and stolen money ..

I was in a 2 year relationship with thinking we were in a committed relationship with a future ..and it was all a lie . I was used . Taken advantage of.

She knew who I was and that I had a few settlements prior to us talking or... View More

James L. Arrasmith
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answered on Mar 3, 2023

If you believe that a crime has been committed against you, such as emotional abuse or theft, you may want to consider taking the following steps to gather evidence and report the crime:

Document the abuse: Keep a written record of the abusive behavior, including dates, times, and specific...
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1 Answer | Asked in Family Law and Juvenile Law for California on
Q: I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal.

I am a Non offending parent of cps removal. Mother alleged drug use is reason for removal. But hospital has put her on methadone treatment for the last 5 months of her pregnancy. I am learning that this is the recommended procedure for a safe birth. At birth she was drug tested to see if she has... View More

James L. Arrasmith
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answered on Mar 1, 2023

In California, if CPS removes a child from the home, the parents have the right to request a hearing to challenge the removal. This is called a detention hearing, and it must be held within two court days after the child is removed from the home. At the detention hearing, the court will decide... View More

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