Get free answers to your Family Law legal questions from lawyers in your area.
Mother and I are to alternate week on week off summer vacation from a Friday at 6pm till the following Friday at 6pm the Friday that she would have to pick them up is Father’s Day weekend would I keep them until Sunday at 6pm and she than keeps them from that Sunday at 6pm until Friday since... View More 
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answered on Feb 20, 2023
The terms of custody and visitation are typically laid out in a court order or agreement between the parents. If the agreement or court order is not clear on how Father's Day weekend is to be handled, it is important to review the document carefully to determine if there are any guidelines or... View More
IRS took my child tax credit from my younger 3 kids to pay past due child support for my older 3 kids, I have 6 kids total
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answered on Feb 20, 2023
If you were not aware of any child support case, it is possible that the case was initiated without your knowledge, or that there was a mistake in the calculation of the amount owed. You may want to contact your local child support agency to get more information about the case and to try to resolve... View More
Does a parent, (in California), with whom their minor child resides, need to gain Power of Attorney of said minor child in order for minor child to receive money left to child by father who died in accident? Parents were not married. Child is one of 5 children named by deceased father to receive... View More
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answered on Feb 20, 2023
In California, a parent generally has the legal authority to manage their child's finances, including money received from a deceased parent, without the need for a power of attorney. However, if the child's deceased father set up a trust or other legal instrument to manage the funds, the... View More
I was a surrogate for my sister in law she went to welfare to get cash aid without fully adopting the child I now have to pay child support she took her own life now the grandmother has the child I need help on how to terminate my rights. I explained the situation to child support and i also have... View More
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answered on Feb 20, 2023
I'm sorry to hear about your difficult situation. Termination of parental rights is a serious legal matter that should be handled with the assistance of an attorney. You may want to consider consulting with a family law attorney in your area who can help you understand your rights and... View More
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answered on Feb 20, 2023
In California, a common way to calculate parenting time is by counting the number of overnights each parent has with the child over the course of a year. Based on this method, 1 day a week and every other weekend would likely not be considered 50% parenting time.
Assuming that a year has 52... View More
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answered on Feb 20, 2023
The enforcement of California Family Code 753 is handled by the court system in California. If a party believes that the other party has violated the provisions of Family Code 753, they can file a motion with the court to enforce the order or judgment. The court will then hear the arguments of both... View More
We specifically asked for him to be buried a certain way which was A to B. A being where the headstone would be.
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answered on Feb 20, 2023
I'm sorry to hear that your parent was buried in the wrong direction. If you believe that this was due to negligence or error on the part of the cemetery or funeral home, you may have grounds to file a lawsuit for breach of contract or negligence.
To pursue a lawsuit, you will need to... View More
I hired an attorney that never filed a substitution of attorney to the courts, therefore the opposing counsel had the judge side with them which has no led to me being evicted from a home and NOT by the lender. The attorney I hired never addressed any of these court dates or notices by my ex... View More
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answered on Feb 20, 2023
If you believe that your attorney was negligent in representing you and that their failure to file a substitution of attorney led to a judgment against you, you may be able to appeal the judgment. However, the specific steps for filing an appeal will depend on the rules and procedures of the court... View More
When the Child Support agreement states "receipts or proof of payment" for reimbursement for medical and childcare expenses to the custodial parent, and the custodial parent deducts the child as their dependent, can the non custodial parent pay their share of medical and childcare via... View More
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answered on Feb 20, 2023
Under California law, child support orders may include provisions for medical and child care expenses. The specific terms of the child support order, including the requirement for receipts or proof of payment, will dictate whether expenses paid through a Flexible Spending Account (FSA) will be... View More
That's illegal. Who enforces that law? And do I have to go to court to get some kind of paperwork for it?
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answered on Feb 19, 2023
If your spouse has changed the locks to your shared residence and is denying you access, you may be able to seek legal relief through a court order. In California, the police may enforce the law if there is a clear violation, but in some cases, you may need to go to court to get an order allowing... View More
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answered on Feb 19, 2023
The laws regarding compensation for egg donation vary by country and jurisdiction. In the United States, compensation for egg donation is legal and common practice, but specific regulations may vary by state. In some countries, such as the United Kingdom, donors can receive compensation for their... View More
I purchased a family cemetery plot in December. Paid a down payment and monthly payments. I filed for divorce in July, the following year,so seven payments total during the marriage.ended up paying off plots two years later after separation. Ex is asking to be bought out of the plot for FMV. Judge... View More
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answered on Feb 19, 2023
Under California law, assets acquired during marriage are generally considered community property and subject to equal division between spouses upon divorce. However, if an asset is purchased during the marriage but paid off after separation, the issue of whether it is community property or... View More
My son’s dad and I share joint legal custody, however, I am the primary custodial parent as our son lives primarily with me, and only goes with his Dad for visitation 2 days out of the week. Our son is 7 years old and will be turning 8 soon. Our custody orders state under the “Holiday... View More
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answered on Feb 19, 2023
In the context of your custody order, the term "noncustodial parent" likely refers to the parent who does not have physical custody of the child during the time in question. Based on your description of the custody arrangement, it appears that you are the custodial parent, as your son... View More
How do I submit audio for a civil harassment case on my court date? The paperwork the court gave me is confusing. Can it be transcribed and printed or does it need to be hand written? I have a 30 minute audio message I need to submit on my court date and I do not want that person to have access to... View More
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answered on Feb 19, 2023
To submit audio for a civil harassment case, you should contact the court clerk's office for specific instructions on how to submit the audio. The instructions provided by the court may vary by jurisdiction, so it's important to follow the guidelines provided by the court.
In some... View More
after marriage, I sold the house and bought another house, does it become community property, and needs to be divided in a divorce?
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answered on Feb 19, 2023
In California, the property that a spouse owns before marriage, and the property that a spouse acquires during marriage by gift, devise, or bequest, is considered separate property and is not subject to division in a divorce.
However, if the spouse who owns the separate property takes... View More
Minor is 8 years old male on the autism spectrum. Father has had full physical & legal custody since age 2. Father recently relocated from calif to colo with family; step mother and two 1/2 siblings ages 3 and 5. There is a current visitation order in place; every other major holiday (xmas... View More
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answered on Feb 19, 2023
There is no specific number of yearly visits that a custodial parent is required to pay for a minor child living outside the state of the non-custodial parent under California law. However, the court may order the custodial parent to pay for reasonable transportation expenses for visitation with... View More
I pay $1200 per month in child support. Plus I have an Ostler-Smith for extra income above my salary.
I have my regular job and a small business that I have been growing since 2017. I have been paying child support for 1 year now. The order went into effect in 2021.
Next year I... View More
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answered on Feb 19, 2023
It may be possible to modify child support payments in California if there has been a significant change in circumstances since the original order was issued. Examples of significant changes in circumstances may include a change in income, a change in the amount of time the child spends with each... View More
In case of a foreign parent tries to take the little child to her/his country without consent of the other parent within 2-3 days from this, what should the other parent do? They have no case or filings in the court about family law, which means "clean situation" in family law. There is... View More
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answered on Feb 19, 2023
If one parent is attempting to take a child out of the country without the other parent's consent, the other parent should take immediate action to prevent this from happening.
The first step should be to contact a family law attorney to seek legal advice on how to proceed. The... View More
When the Child Support agreement states "receipts or proof of payment" is it permissable/legal/reasonable to require proof that the service is for your child and that the facility is in receipt of payment prior to reimbursement?
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answered on Feb 19, 2023
In the context of child support, "proof of payment" generally refers to evidence that a parent has made a payment for a specific expense related to the child, such as medical expenses or child care costs. While there is no specific legal definition for "proof of payment," courts... View More
I'm married to foreign wife (no family case) and she took 3yo child away from me without my consenting or custody court order. I don't know my child has been stayed for several days. She blocked my phone number and replaced with a new ph number that I don't know. She has never given... View More
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answered on Feb 19, 2023
Under California law, if you and your wife are co-tenants on the lease or rental agreement for the apartment, both of you have a right to occupy the property. This means that you generally cannot refuse your wife entry to the apartment if she has a legal right to be there.
However, if your... View More
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