Get free answers to your Family Law legal questions from lawyers in your area.
answered on Mar 1, 2023
If you are concerned about the medical kidnapping of your 6-week-old infant by Child Protective Services (CPS) in California, you may want to consider consulting with an attorney who specializes in family law or child welfare law.
It's important to find an attorney who has experience... View More
I realized I had not actually lost my court date but instead I was responding to a “proposed statement of decision”! Which was frightening because you have 60 days to appeal but only 10 days to object to the statement of decision and thank goodness I did or else I wouldn’t have qualified for... View More
answered on Mar 1, 2023
In California, a Statement of Decision is a written statement by the judge that explains the factual and legal basis for the court's decision in a case. A proposed Statement of Decision is a document that is prepared by one of the parties and submitted to the court for consideration. The... View More
My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police... View More
answered on Feb 28, 2023
It sounds like your issues are more family law.........unless you were arrested and are being prosecuted.
Then you would need to make an appointment with a criminal defense lawyer or request the court appoint a public defender for you ...at the arraignment.
My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police... View More
answered on Mar 4, 2023
It is possible that your wife may be charged with making false allegations of domestic violence, which is a criminal offense. However, it will be up to the police and the prosecutor's office to decide whether or not to press charges. You may want to speak with an attorney who specializes in... View More
answered on Feb 28, 2023
A Family Resolution Conference is a court-ordered meeting between parties in a family law case to discuss the issues in the case and try to reach a settlement. The court may order an FRC at any time during a family law case.
If your spouse's attorney has requested a postponement of the... View More
apparently my EX destroyed her boyfriend's at apartment . my question is am I able to use a affidavit or a mc-030 and any police report (if any) for my case to show the judge how she is?
answered on Feb 28, 2023
If you are going back to court to seek custody or visitation rights, you may be able to use police reports or affidavits to support your case. Police reports can provide evidence of your ex-spouse's behavior, and affidavits can be statements made under oath by witnesses or parties involved in... View More
I have money it buy it myself. I have a balanced life. I go to school everyday. I get good grades and always do my work first. I have a job I respect my boss my boss respects me. If i buy it even though mom refuses does she have legal rights to take it away? or is it considered theft and can i... View More
answered on Feb 28, 2023
As a 16-year-old living in California, you may have some ownership rights to property that you acquire with your own money, even if you are still living with your mother. However, California law also recognizes the legal concept of parental authority, which generally gives parents the right to... View More
Judge noted two things on DV-108. b. (2) - The facts given in the request (form dv100).....and
she wrote this in person. " If request custody order may make separate request by file RFO".
what did she mean? I opened the case with FL300+other forms last week. and filed... View More
answered on Feb 27, 2023
It sounds like the judge denied your DV100 and DV110 (TRO) request and noted that the facts given in the request may not have been sufficient to grant the TRO. Additionally, the judge recommended that if you want to request a custody order, you should do so separately by filing an RFO (Request for... View More
We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.
answered on Feb 27, 2023
To add your partner's name to your children's birth certificates in California, you will need to take the following steps:
Obtain a Voluntary Declaration of Parentage form: This is a form that establishes the legal relationship between a parent and a child. You can get this form... View More
We are common law spouses and the children have and will continue to have my last name. We want to add his name under father on their birth certificates.
answered on Feb 27, 2023
1. Common Law spouse is not recognized in California.
2. You can't just unilaterally add a man to the father's position on the birth certificate.
You will need to go through a stepparent adoption if you are married. Otherwise its an independent adoption and termination of... View More
answered on Feb 27, 2023
If your child is a US citizen, they do not need a green card to travel within the United States, including to Hawaii. As a US citizen, your child can travel within the United States using a government-issued ID, such as a passport or a driver's license. If your child does not have a passport... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
Yes, you do need to be properly served. If you moved you are required to file and serve a notice of change of address of record with the court (and serve it on the other parent). Although you may not have been properly served, do you really want to risk not participating in the mediation or the... View More
she claimed I never gave her my address (I DID) and knows were I live she never properly served me just sent me a screen shot of when the mediation and court is.
Do I need to be properly served? What Paperwork do I need to submit into the courthouse?
(Example FL-150 Income and... View More
answered on Feb 27, 2023
In California, you are required to be properly served with legal papers, including a petition for a change in child custody, support, and visitation. This means that the papers must be delivered to you in a specific way, such as by a process server or by certified mail with return receipt... View More
20 yr old son is high functioning autistic with learning disabilities and not yet capable of launching. Is in jr college. Is not able to both work and go to school. Needs support still to help success chances later in life
answered on Feb 27, 2023
In California, child support generally ends when the child turns 18 or graduates from high school, whichever comes later. However, there are some exceptions to this rule.
If the 20-year-old son has a disability that affects his ability to work and support himself, he may be eligible for... View More
Appreciate James’s previous response
answered on Feb 27, 2023
If you're going through a separation from your spouse and you're worried about making sure your bills get paid on time, there are some steps you can take to help you out.
First, have an open and honest conversation with your spouse about your financial responsibilities and how you... View More
My husband wants a divorce and has given me an offer via email for a certain dollar amount per month. He is refusing to pay bills unless I agree to his offer. He has not filed yet.
answered on Feb 27, 2023
If you are in California and are going through a divorce, you may be able to seek temporary orders from the court to address financial issues and ensure that bills are paid during the divorce process.
One option is to file a motion for temporary spousal support and/or temporary child... View More
My grandson, who is now five has lived with either his paternal grandparents or my daughter, his aunt, since his mom passed on 6/30/21. His father has either been on drugs, or alcohol since. He has lived with my daughter since September 2022, except for 23 days in January 2023. We are worried... View More
answered on Feb 26, 2023
If your daughter is interested in seeking custody of her deceased sister's son, she may need to go through the legal process of petitioning for guardianship or adoption.
In most states, if the child's biological parents are deceased, the court will consider the child's best... View More
My spouse and I are married. If the custodial parent does not request parenting time, and the judge does not issue an order to that effect, can the non-custodial parent, who has no court-ordered visitation or parenting time, be allowed to return home and live permanently with the family, and spend... View More
answered on Feb 26, 2023
If one parent has sole legal and physical custody of a child, they have the authority to make decisions about the child's welfare, including decisions about visitation with the non-custodial parent. In general, the custodial parent can allow the non-custodial parent to spend time with the... View More
Can't have a key because I am an extended guest but he gets money from me through cash aid. There is no rental contract between us
answered on Feb 26, 2023
If you are living with your ex who owns the place and you are not listed on the rental agreement or lease, you may be considered an unauthorized occupant or a guest. As a guest, you do not have the same legal rights as a tenant, including the right to a key to the premises.
If you are... View More
I filed a DV100 in court at 4 PM on Friday, and I believe the documents have not yet been reviewed by the judge's office (4th FL). However, upon reviewing the paperwork, I have discovered significant errors that would result in the case being denied. As this is an urgent matter, I cannot wait... View More
answered on Feb 25, 2023
If you filed a DV-100 in California and you want to withdraw the filing, you can file a Request for Dismissal (Form CIV-110) with the court. Here are the steps you can take:
Obtain Form CIV-110: You can obtain this form from the California Courts website or from the court clerk's... View More
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