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And at the court date the court was on video and the screen on my side was black so all there was were audio and I don't know who I was talking to at all just they say it was a judge on the audio but on the court paper i received it say a court commissioner
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answered on Feb 25, 2023
In California, court commissioners are authorized to hear certain types of cases, including some types of family law cases, under certain conditions. However, they do not have the authority to terminate parental rights in any case, except with the express written consent of all parties involved.... View More 
My mother and my aunt own a home 50/50. My aunt recently had a stroke that has left her incapacitated and unable to make any sort of legal decisions on her own and she will be unable to provide input in the upcoming sale of the property. She did not have any sort of will. Is my mom still able to... View More
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answered on Feb 24, 2023
If your aunt is incapacitated and unable to make legal decisions, your mother may need to go through a legal process to sell the property without your aunt's consent. The process may vary depending on the specifics of the situation and California state laws, but typically, it involves... View More
When I only mentioned it to her but since she was mad still about the issue I think she told them that that's wat I wanted to do without my permission they changed it but I'm also assuming she didn't want me to go to her house and see my daughter there and my daughter and my visits... View More
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answered on Feb 24, 2023
I'm sorry to hear about the difficulties you're experiencing with seeing your child. In California, parents have the right to reasonable visitation with their children, unless the court finds that it would not be in the child's best interests. It is generally best to have a... View More
in the context of determining the separation date for a divorce in California, in regards to spousal support, does filling taxes jointly have an impact, knowing that the spouses are living separately? (for example, if filling jointly is made for tax reasons until the marriage is dissolved)
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answered on Feb 24, 2023
In California, the separation date is an important factor in determining spousal support (also known as alimony) in a divorce. The separation date is the date when the spouses began living separately and apart with the intent of ending the marriage.
Filing taxes jointly or separately can... View More
The reason is that caregiver ( my sister) we had a small dispute regarding family matters over text and I mentioned to her since my next court day is coming and since they took my child from her mom doing drugs not me ok I was already out the house 6 months prior to this but I was still seeing my... View More
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answered on Feb 24, 2023
In California, Child Protective Services (CPS) cannot deny a parent's visitation rights without a court order, except in cases where there is a risk of harm to the child during the visitation. If you have a court-ordered visitation schedule with your daughter, CPS must follow that order unless... View More
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answered on Feb 23, 2023
If you and your husband own the house together and you want to get your portion of the house paid out, there are a few different options you can consider in California:
Sell the house and split the proceeds: One option is to sell the house and split the proceeds between you and your... View More
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answered on Feb 23, 2023
Under California law, it is illegal to impersonate another person with the intent to harm, intimidate, threaten, or defraud that person. This includes impersonating someone else through text message or other forms of electronic communication. The specific law that prohibits this type of behavior is... View More
Last week, my foreign wife took our 3-year-old child away from me without my consent or a court order, and her phone has been turned off since then. As she has no ties in the USA and has only lived with me in my apartment for less than a year, I filed a Petition for Custody yesterday and an Ex... View More
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answered on Feb 22, 2023
I'm sorry to hear that your Ex Parte for Emergency Custody was denied. It sounds like a difficult situation.
Regarding the door posting service method, this is a way to serve someone with legal papers when you are unable to locate them. However, the requirements for door posting... View More
I asked to relocate him and it was denied until hearing. Does that mean I can’t bring him here until then?
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answered on Feb 22, 2023
If you have been granted temporary sole legal and physical custody of your son by a California court, but you live in Nevada and have requested to relocate him, it's important to understand the terms of the court order and the legal requirements for relocation.
Typically, a court order... View More
I have a disability and used medical cannabis and they removed her. I’m compliant with my depression medication and they didn’t fully investigate before her removal on 2/8/23
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answered on Feb 22, 2023
I'm sorry to hear about your situation. If your child has been removed by Child Protective Services (CPS), it's important to understand the reasons for the removal and the steps you can take to address the situation.
In general, CPS can remove a child if they believe that the... View More
I am buying a house (that may be rented out) with only my money and want my wife to sign the quit claim form. She insists on getting a post-nup to achieve the same effect. Can this be done?
answered on Feb 22, 2023
Do both. And, do an "interspousal grant deed" rather than a quit claim deed. To be legally binding and enforceable, your intentions regarding the ownership of this property have to be in writing. The most effective way to accomplish what you are trying to accomplish would be the... View More
I am buying a house (that may be rented out) with only my money and want my wife to sign the quit claim form. She insists on getting a post-nup to achieve the same effect. Can this be done?
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answered on Feb 22, 2023
A post-nuptial agreement can serve a similar purpose as a quit claim deed, but it's important to understand the differences between the two and to consider the legal implications of each.
A quit claim deed is a legal document that transfers ownership of a property from one party to... View More
Victims
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answered on Feb 21, 2023
If you are a victim of someone keeping a child away from a parent, there may be legal options available to you. Here are some steps you can take:
Document the situation: Keep a record of all interactions with the other person, including dates, times, and what was said. If possible, get... View More
Married. No prev family cases, but this afternoon, I went to court and filed several forms, including Form 260,150,105..etc. My foreign wife left home with our 3-year-old child, who has autism, last week and I don't know their whereabouts. I have tried calling and texting her almost every... View More
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answered on Feb 21, 2023
If you are unable to locate your wife and serve her with the Ex Parte Application (Form 300) within the 24-hour time period required by the court, you may be able to request a waiver of notice or state that notice is not possible on Form FL-303. Here are some steps you can take:
Complete... View More
I have sole LEGAL custody and joint PHYSICAL custody with my wife.
Q1. If My wife ONLY wants go travelling abroad w child, she needs my permission?
Q2. If I only wants do that, wife will have to consent me?
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answered on Feb 20, 2023
In California, family law addresses issues related to child custody and international travel. The specific laws and regulations that may apply to your situation depend on the terms of your custody agreement and other factors.
Here are some general principles that may apply:
Consent... View More
My foreign wife took 3yo disabled child away from me without consent or any court order on 02/16 and i have not reached them since. I don't know whereabouts. I reported missing to Police and they gave me the business card with case number on 02/17. They kindly advised me to bring the card for... View More
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answered on Feb 20, 2023
In California family law, if you file an ex parte application for a temporary emergency custody order, the court may issue an order the same day if it finds that there is an immediate risk of harm to the child. However, the court will typically require that you provide evidence supporting your... View More
My Child was removed in March 2022 with a fake warrant, I have always thought the warrant was bogus and I have grieved this issue with my proof to no avail. All of my pleas for relief have fallen on deaf ears. No one is listening to me I am completely ignored. DCFS unilaterally cut me off from... View More
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answered on Feb 20, 2023
I'm sorry to hear about your situation. If you believe that your child was removed with a fake warrant and that there has been fraud committed by DCFS, it is important to seek legal assistance as soon as possible.
You may want to consider speaking with a family law attorney who has... View More
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answered on Feb 20, 2023
It depends on whether your ex is considered a tenant or not. If your ex is no longer considered a tenant, such as if he or she has surrendered the premises to you and returned the key, then you may be able to change the locks. However, if your ex is still considered a tenant or has legal access to... View More
persiding judge assigned a new judge in to my case, can I file motion to reconsideration to object his order?
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answered on Feb 20, 2023
Yes, you can file a motion for reconsideration to object to the new judge assigned to your case. The motion should be filed with the court clerk in the same county where your case is being heard and include documentation supporting your objection. Be sure to include any relevant legal arguments... View More
I am the mother and petitioner and as of 2012 i have sole physical and legal custody of my 2 daughters currently 11/12 years old. KF010848. They have the same father. There was a childrens court order(CK85276) for my older child to have monitored visits and giving me sole custody in 2012. Dcfs was... View More
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answered on Feb 20, 2023
To change the court-appointed counsel representing minors in family law in LA County, you will need to file a motion with the court requesting the change. You will need to provide a valid reason for the change, such as a conflict of interest or a breakdown in communication. You should also provide... View More
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