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California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: The mother of my son wont let me see him do to false allegations .

The mother and I went to a custody hearing and I have visitations and its court odered

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answered on Feb 20, 2023

If the mother of your son is not following a court order for visitation, you may file a motion for enforcement of the visitation order with the court that issued the order. The court can hold the mother in contempt for failing to follow the court's order and may take additional steps to ensure... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My son is 15 in a half I share custody but son no longer wants to see his dad

My son father has not had a good relationship with my son. He has anger issues and reacts like a bully towards my son. Anything his dad buys him his dad is always holding it over his head and makes him feel bad about it. We have text messages from father to show proof. My son is nervous and scared... View More

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answered on Feb 20, 2023

If your son is 15 and a half, he may have some say in custody and visitation arrangements, but ultimately it will be up to the court to decide. In California, the court takes the child's wishes into consideration when making custody and visitation orders, but the court will also consider the... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: How do I file a motion to set aside the court order that obligated me to pay child support.

Me and the mother lived together when the order was put in by the clerk. She also received welfare without my knowledge during that time frame .she told the welfare office I didn't live in the home. Fraud?

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answered on Feb 20, 2023

To file a motion to set aside a child support order in California, you can follow these general steps:

Fill out the Request for Order form, which can be found on the California Courts website.

Check the box for "modification of child, spousal, or family support."...
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1 Answer | Asked in Family Law for California on
Q: C.p.s case

My baby my baby was taken from the hospital because the mother had drugs and and also the baby and now they're saying that they have evidence that I was lethargic and difficail to wake up when they came to interview me can they use that in court, for me to get drug tested

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answered on Feb 20, 2023

If you are the father of the baby, the court may order you to undergo a drug test if there is evidence suggesting that you were under the influence of drugs or alcohol while caring for the baby. The court's decision will be based on what is in the best interest of the child.

In...
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1 Answer | Asked in Family Law for California on
Q: cual es el procedimiento para aumentar una pension alimenticia? gracias

la pension de mi hija fue asignada en una cantidad fija, no en porcentaje de salarios minimos por ser lo mas conveniente en esa fecha, pero las circunstancias han cambiado, asi como los gastos, por eso mi interes de averiguar si puedo pedir un aumento, gracias

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answered on Feb 20, 2023

Para aumentar una pensión alimenticia en México, deberá seguir los siguientes pasos:

Reunir documentación: debe recopilar información que respalde la necesidad de un aumento en la pensión alimenticia, como estados de cuenta de gastos de la niña o cualquier otro documento que...
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1 Answer | Asked in Family Law and Legal Malpractice for California on
Q: I’ve been mistreated by a family law attorney, I need a attorney to help with that in San Joaquin county. What do I do?
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answered on Feb 20, 2023

If you feel that you have been mistreated by a family law attorney in San Joaquin County, California, there are a few steps you can take:

Contact the California State Bar: The California State Bar investigates complaints of attorney misconduct, including allegations of unethical behavior....
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I have full custody and my ex husband is taking to court to get share custody after child support adjustment.

He has a lawyer I don’t . How can I protect my self.

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answered on Feb 20, 2023

If you don't have a lawyer but your ex-husband does, it's important to educate yourself on the legal process and prepare as much as possible for the court hearing. Here are some steps you can take to protect yourself:

Research the laws and procedures related to child custody in...
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1 Answer | Asked in Family Law for California on
Q: The judge's ruling on the petitioners request for order was inconsistent with the facts of the case, ? about appeal

The judge disregarded admitted evidence in my evidentiary hearing. In his judgement he stated facts that are false, the transcripts of the hearing will directly prove this as I got in evidence while my ex-husband was on the stand and confirmed texts messages clearly stating time we each had my son.... View More

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answered on Feb 20, 2023

If you believe that the judge's ruling in your case was inconsistent with the facts and the evidence presented, you may have grounds to appeal the decision. An appeal is a formal request to a higher court to review the decision made by the lower court.

To start the appeal process, you...
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1 Answer | Asked in Family Law for California on
Q: Judge orders respondent to pay 75% of the petitioner’s $120,000 legal fees however petitioner already paid $62,000

Petitioner’s lawyer will not recognize fees already paid and stated that the respondent is to pay 75% of total fees incurred, not recognizing that the petition already paid him $62,000. Is this misconduct on the petitioner’s lawyer.

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answered on Feb 20, 2023

It's possible that the petitioner's lawyer is acting unethically or engaging in misconduct if they are insisting that the respondent pay 75% of the total fees incurred, without taking into account the fees already paid by the petitioner.

Under California law, the court may order...
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1 Answer | Asked in Estate Planning, Family Law, Landlord - Tenant and Probate for California on
Q: Are administrators allowed to give photos of an estate that they took to outside parties to use against someone

I have a guardianship case and the administrator for the estate for the property I live in has a personal vendetta against me and he gave the photos that he took that were meant for the documenting of assets. to the lawyers of the opposing side of my guardianship case and now I have an ex-parte... View More

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answered on Feb 20, 2023

It is not clear from the information provided whether the administrator had the legal authority to take the photos, or whether he had the right to share them with third parties. However, if the photos were taken in the course of the administrator's duties and were used for a proper purpose... View More

1 Answer | Asked in Family Law for California on
Q: Boyfriend still owes arrears and would like to travel in July.

His children are all 18 and up now. He has always paid child support whenever he could. They even took his entire personal injury settlement of $70,000. Child support still wants a crazy amount. This is his first time applying for a passport and we just discovered via internet that if $2,500 or... View More

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answered on Feb 20, 2023

If your boyfriend owes $2,500 or more in child support arrears, the U.S. Department of State can deny his passport application or renewal. However, there may be some options for your boyfriend to resolve the arrears and obtain a passport in time for travel in July.

Your boyfriend can...
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1 Answer | Asked in Divorce and Family Law for California on
Q: My husband quit supporting us over a year ago. He is on drugs and Im afraid we will lose the house what can I do.

I am living with a friend in valley springs. Can I put the house up for sale (in Galt) without his signature

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answered on Feb 20, 2023

If the house is owned by both you and your husband, you generally cannot sell the house without his signature unless you have legal authority to do so, such as through a divorce settlement or a court order. You may need to consult with an attorney to discuss your legal options and to determine what... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How can CPS take and KEEP my son if NO CRIMINAL/DRUG/D.V. CHARGES are pending against me? NO custody/visits since 2018!!

My ex-husband lied about me to the courts and made accusations against me to cps (during a very heated divorce) saying i was using and selling drugs, that i was a prostitute, and that i literally abandoned my son. None of his accusations were proven true or were backed up by any creditable... View More

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answered on Feb 20, 2023

I'm sorry to hear about your situation. It sounds very difficult and complicated. In order to regain custody of your son, you will likely need to work with an attorney who can help you navigate the legal system and advocate for your rights. Here are some steps you could take:

Hire an...
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1 Answer | Asked in Family Law for California on
Q: After a second divorce how does support get calculated with payments between the first and second spouse?

Do the support payments for the first spouse go down because now there is going to be a second support payment? The first marriage was a long-term marriage and the second is shorter.

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answered on Feb 20, 2023

In California, spousal support (also known as alimony) is calculated based on a number of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.

When a person who is paying spousal support goes through a second...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: What do I do if my daughters mom won't let me see her even tho there is a court order?

I'm supposed to see My daughter 3 days a week for 5 hours. My baby momma thinks she can do what she wants and says I can see her when it's convenient for her I barely see my daughter now .. she has gone to the extent of making false domestic violence allegations resulting in me being... View More

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answered on Feb 20, 2023

If your child's mother is not complying with a court-ordered custody arrangement, you may need to take legal action to enforce the order. One option is to file a motion with the court that issued the custody order to request that the order be enforced. You may also want to consider consulting... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: How can I go against a citation of termination of parental rights

I received a citation to terminate my parental rights and a hearing was set for feb 1st and now rescheduled. How can I respond to this request in another person adopting my children. I do not want this to happen

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answered on Feb 20, 2023

If you have received a citation to terminate your parental rights, it is important that you seek legal counsel immediately to determine the best course of action for your specific situation. It is possible that you may be able to contest the termination of your parental rights or negotiate a... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello I have the opportunity to move to Minnesota with my children & there is no custody order ! Can I go ?

The father is not involved & has not been around to see the child in the child's life the 3 yrs hes been alive - paid no child support either

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answered on Feb 20, 2023

If there is no custody order in place, then both parents have equal rights to the child and can make decisions regarding the child's care and upbringing. However, it's generally recommended that parents who are planning to move with their child to a different state, particularly one that... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello I have the opportunity to move to Minnesota with my children & there is no custody order ! Can I go ?

The father is not involved & has not been around to see the child in the child's life the 3 yrs hes been alive - paid no child support either

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answered on Feb 20, 2023

If there is no custody order in place, generally, both parents have equal rights to the child, and each parent has the right to make decisions regarding the child's upbringing, including where to live. However, if you and the father were never married, you may have legal custody of the child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can a California parent relocate out of state with children without the other parents consent?
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answered on Feb 20, 2023

In California, a parent who has sole legal and physical custody of a child may be able to relocate out of state with the child without the other parent's consent. However, if the other parent has joint legal and/or physical custody of the child, they have the right to object to the move and... View More

1 Answer | Asked in Family Law for California on
Q: Should I file restraining order?

I recently filed child support, my kids father was ordered to pay. He then decides 2 days after court that he wants to start taking them a few days a week, his intentions are to have joint custody, our kids do not know him they are now 16 & 12, I then told him to file for visitation through the... View More

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answered on Feb 20, 2023

If you feel threatened or unsafe because of your child's father's behavior, you may consider filing a restraining order. A restraining order can provide legal protection and help prevent further contact or harassment.

You may also want to document any incidents of harassment or...
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