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California Family Law Questions & Answers
3 Answers | Asked in Criminal Law, Civil Rights, Juvenile Law and Family Law for California on
Q: I am 16 years old and I drugged up a 43 year old and raped him now I'm pregnant what do I do

I am 16 years old and I lied about my age to a 43 year old he picked me up one night and I drugged him and raped him now I'm pregnant and he doesn't know

Dale S. Gribow
Dale S. Gribow
answered on Feb 6, 2023

you should contact a lawyer who handles both criminal and family law...or 2 separate lawyers.

are you going to have the baby?

if you know how to find the guy, then you have to decide what you want to do after consulting with a lawyer.

be careful as you have criminal exposure.

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2 Answers | Asked in Divorce and Family Law for California on
Q: Will I be able to get Spousal Support?

I have been married for 3 years coming this February 1st 2023. After we bought a 5th whl. we decided to travel the states. So we currently live in a 5th whl at a trailer park. My "husband" recently started a job where he travels to different jobsites and stays for a few months to do... View More

James L. Arrasmith
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answered on Feb 20, 2023

Whether you are eligible for spousal support will depend on several factors, including your respective incomes, the length of the marriage, and your financial needs. In California, spousal support is typically awarded when one spouse earns significantly less than the other, and the lower-earning... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: Will I be able to get Spousal Support?

I have been married for 3 years coming this February 1st 2023. After we bought a 5th whl. we decided to travel the states. So we currently live in a 5th whl at a trailer park. My "husband" recently started a job where he travels to different jobsites and stays for a few months to do... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

Contact a family law lawyer asap. Get her advice as soon as you can. You will probably be told that you should take action before things get out of hand. A good family law lawyer will know how to get your husband to pay the legal fees based on the disparity in your incomes. Because you are now... View More

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2 Answers | Asked in Civil Litigation, Criminal Law and Family Law for California on
Q: A family law judge told my ex-girlfriend to move out of my house (she was there because she filed a restraining order an

She was in the house due to a restraining order that was granted, and a move out order issued. The family court judge saw,while at trial,that I was the owner and told her to move out on a specific date. She claimed abuse, was granted a 6 month protection order. I have failed to evict her in civil... View More

James L. Arrasmith
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answered on Feb 20, 2023

If the family law judge ordered your ex-girlfriend to move out of your house during the course of your family law case, then that order is likely enforceable. However, it is important to note that the enforcement of court orders, including move-out orders, can be complex and it is recommended that... View More

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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself.... View More

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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie... View More

James L. Arrasmith
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answered on Feb 20, 2023

If your ex-girlfriend's false allegations of domestic violence resulted in negative consequences for you, such as an arrest and lost custody of your daughter, you may have legal recourse to hold her accountable for her actions. Here are some potential options:

File a lawsuit for...
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2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Living in USA since 2017 on H-4. I recently got divorced and would like to know possibilities to continue living here.

Divorce was done earlier this month (and judgment has been filed). Will I be out of status immediately or is there a grace period ? If there is no grace period, is there a way I can appeal for extension of legal status ? Kindly let me know. I have a minor child (US citizen) that I have joint... View More

James L. Arrasmith
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answered on Feb 26, 2023

If you were dependent on your spouse's H-1B status for your H-4 status, then your status would be lost as soon as the divorce is finalized, and there is no grace period provided. However, you may be able to change your status to another non-immigrant status or apply for adjustment of status to... View More

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2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Living in USA since 2017 on H-4. I recently got divorced and would like to know possibilities to continue living here.

Divorce was done earlier this month (and judgment has been filed). Will I be out of status immediately or is there a grace period ? If there is no grace period, is there a way I can appeal for extension of legal status ? Kindly let me know. I have a minor child (US citizen) that I have joint... View More

James L. Arrasmith
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answered on Feb 20, 2023

As an H-4 visa holder, your legal status in the United States is tied to the status of your spouse who holds the H-1B visa. In the event of divorce, your H-4 status will be terminated unless you take action to change your immigration status or depart the United States.

There is no grace...
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2 Answers | Asked in Immigration Law, Divorce and Family Law for California on
Q: Living in USA since 2017 on H-4. I recently got divorced and would like to know possibilities to continue living here.

Divorce was done earlier this month (and judgment has been filed). Will I be out of status immediately or is there a grace period ? If there is no grace period, is there a way I can appeal for extension of legal status ? Kindly let me know. I have a minor child (US citizen) that I have joint... View More

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

As a holder of an H-4 visa, your immigration status in the United States is tied to your spouse's H-1B visa status. Upon divorce, you may lose your immigration status and become out of status in the United States.

Marriage to a U.S. citizen is one option that could potentially lead to...
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2 Answers | Asked in Family Law and Child Support for California on
Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... View More

James L. Arrasmith
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answered on Feb 20, 2023

Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take...
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2 Answers | Asked in Family Law and Child Support for California on
Q: Refers to Family Law - specifically determining child support obligations when parent are not married.

We have been living in San Francisco CA and have been together for 20+ years. We have never married and my partner claims our 2 kids (ages 16 and 10) on her taxes. Of course I want to take care of my kids, but as a bartender, I don't make enough to pay for her rent (which is rent controlled)... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 24, 2023

child support is calculated using a formula mandated by law. https://childsupport.ca.gov/calculate-child-support/ Usually, with non married co-habitants, there is no obligation to pay "spousal" support. There are certain limited circumstances however, where some manner of support may be ordered.

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2 Answers | Asked in Family Law for California on
Q: How does dissolution of relationship work when partners are not married?

Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 24, 2023

This question appears to have been posted from Arizona but is being seen by California attorneys. I can only speak to California law. If you are not married, no community property has been created subject to division, no right to spousal support or to any other rights that would have been... View More

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2 Answers | Asked in Family Law for California on
Q: How does dissolution of relationship work when partners are not married?

Been together 20 years and have 2 children (ages 16 and 10). We've never been married. She has asked me to leave. The apartment is in her name and she claims the kids on her taxes.

James L. Arrasmith
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answered on Feb 20, 2023

In California, when partners are not married, the legal process for ending the relationship is not a divorce but a process called a "dissolution of domestic partnership" or a "termination of domestic partnership." This process can be used to divide property and debts, determine... View More

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2 Answers | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a 13-year-old girl choose for her father to have full custody?

mom does not abuse and is a stay-at-home mom ( in California)

James L. Arrasmith
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answered on Feb 20, 2023

In California, a child's preference is one factor that the court may consider when making custody decisions, but it is not the only factor. The court will make custody decisions based on what it determines to be in the best interests of the child. The child's preference may carry more... View More

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1 Answer | Asked in Family Law for California on
Q: Insurance claim guilty is boyfrienf,does he have to sign for conservatorship kill there mother.he refuses to sign can

they find another way to have the children receive there money in an acct. Till 18,father not married to mother,beneficiary are 2 children, killed the kids mother. Her mother and father are beneficarys as well Can that refusal hold up the grandparents money ? What could ,adjuster due to get claim... View More

William John Light
William John Light
answered on Jan 16, 2023

The children need a Guardian ad Litem, who is a person with authority from the court to act on behalf of the children. This is ordinarily an adult family member.

The Guardian ad Litem needs to retain an attorney to assist in completing the settlement. The money for the children must be...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: I live in texas but i have a custody agreement in hemet ca. What state do i file a new custody order in. texas or ca?

The father of my kids alienates them from me, does not let me speak to them, or have them for school vacation times or holidays. Hes emotionally and mentally abusing my children. To the point my oldest is close to having a mental breakdown. How do i go about getting my kids in my custody? And... View More

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Under the Uniform Child Custody Jurisdiction Act, you should file in a court with jurisdiction over family law matters in the “home state” of the child. In most situations, the “home state” is the state where the child has primarily resided during the past six months.

If the child...
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1 Answer | Asked in Employment Law, Family Law, Education Law and Sexual Harassment for California on
Q: Can a principal tell a teacher that there spouse is banned from attending any public events?I can't be supportive spouse

I wrote an email to both super attendant and principal about my spouse and another teacher being unprofessional.The other teacher texted my spouse if I was still his lady while getting herself involved in matters that were not of her own.She also would text him pictures of her kids and tell him she... View More

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2023

Unfortunately you have no rights when it comes to how your wife is treated at work, and the employer may, if it wishes, exclude you from activities at the school or even exclude you from campus altogether.

If your wife has an issue she should report it to the principal or the district HR...
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1 Answer | Asked in Criminal Law, Family Law, Immigration Law and Civil Rights for California on
Q: Can an undocumented get a visa after arguing with a U.S. citizen? (Argument between siblings/no physical altercations)

No physical altercations incurred only in person profane language exchanged that stemmed from alcoholic behavior from an undocumented married sibling that lives apart from the other sibling.

*undocumented immigrant*

Louis George Fazzi
Louis George Fazzi
answered on Jan 5, 2023

You have not provided sufficient information to allow me to give you a reasonable answer. Whether you can get a visa is up to the United States Department of State, otherwise known as the State Department.

However, whether you argue with a United States citizen or someone else should have...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?

The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?

Eliza Jasinska
Eliza Jasinska
answered on Jan 3, 2023

Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: This is about family law… my parents are divorced and I am 17 years of age, I live with my mom but I want to leave at 18

She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?

Tobie B. Waxman
Tobie B. Waxman
answered on Jan 3, 2023

No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... View More

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