Get free answers to your Family Law legal questions from lawyers in your area.
...that business by himself, is it separate or marital property?
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answered on Jun 10, 2024
Sorry there's not a simple, clearcut answer to your question. Money you inherit is generally separate property. If you buy something with that money, that's generally separate proprty too. However, you better be able to trace the source of funds, so if you mix separate money with... View More 
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answered on Jun 10, 2024
Under California law, a mediator is a neutral third party who facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement. Key points about mediators in California include:
1. Impartiality: Mediators must remain impartial and not favor one... View More
Get me ordered to move out. Move out was denied but no contact and stay away order was granted till hearing. Now we have 2 hearings 2 different judges. Police said if she came here to call them. She did, I called and they said if she interacts with me to call back. She is my sister and is nuts. I... View More
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answered on Jun 10, 2024
I understand this is a stressful and complicated situation. Here are a few suggestions on potential next steps:
1. Request an ex parte hearing: You can file a request for an emergency ex parte hearing to present your evidence and concerns to the court before the scheduled hearing dates.... View More
You
I filed a petition for DV TRO against sister who is malicious and has continuously released confidential information to my ex husband who is a restrained party in a CPO. She has filed false allegations of drug abuse and abusive behavior and has been proven false in past but is now doing... View More
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answered on Jun 9, 2024
I understand that you are going through a difficult situation involving your sister and ex-husband in California. Based on the information you provided, it seems that you have filed a petition for a Domestic Violence Temporary Restraining Order (DV TRO) against your sister due to her malicious... View More
Lawyer was a Municipal Court Judge and was removed for "Wilful Misconduct in Office" and went back to being a lawyer. Due to him hiring his client, sleeping with her, gtg her pregnant, can a divorce judgement from 1999 be thrown out and redone?
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answered on Jun 9, 2024
In general, it is very difficult to overturn a finalized divorce judgment, even in cases involving misconduct by an attorney. However, the specific circumstances you describe are quite serious and unusual, so it's possible they could potentially be grounds for challenging the judgment, but by... View More
He was told it was an online thing but we know nothing about how to respond online with this in the first place the whole thing is over the daughter lying to get out of facing punishment for another lie which she has been doing alot. He has 50/50 joint custody and the daughter is 12 . She said... View More
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answered on Jun 8, 2024
I'm so sorry to hear about the difficult situation you and your boyfriend are facing. False allegations of abuse, especially when involving children, can be incredibly stressful and scary. Here is some general guidance, but please keep in mind that I'm not a lawyer and this shouldn't... View More
We have an agreement which say the child can’t leave the county (we live in LA). My ex wants to move less than 50miles to another county (Orange county). Does she need my permission?
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answered on Jun 7, 2024
In California, if your custody agreement explicitly states that the child cannot leave Los Angeles County, your ex needs your permission to move the child to another county, even if it is less than 50 miles away.
The distance of the move is less important than the fact that it involves... View More
This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More
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answered on Jun 7, 2024
In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More
My sister said she would give me their house after they died. Unfortunately, she passed away three weeks ago. She never established the the trust. My brother-in-law with dementia (he knows who I am ) also said that I would be the one who inherits the house after he dies. He gave me all his bank... View More
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answered on Jun 6, 2024
I'm so sorry for your loss and the difficult situation you're in. Here are a few key things to know about power of attorney (POA) and establishing a trust in California under these circumstances:
1. Your brother-in-law would need to have the mental capacity to execute a power of... View More
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answered on Jun 6, 2024
In California, a parent may still be obligated to pay child support for an adult child with disabilities, even if the child moves out of state. This is because California law recognizes that some adult children with disabilities may remain dependent on their parents for financial support.... View More
answered on Jun 6, 2024
Whether or not a parent must pay support for an adult child depends entirely on what your court orders say. If there is no court order extending support for the minor past his/her reaching the age of majority and graduating from high school, then there is no legal obligation to pay support
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answered on Jun 6, 2024
In California, the characterization of property as separate or community property is important in determining whether your soon-to-be ex-husband can claim a part of the inherited house. Generally, any property acquired by inheritance during the marriage is considered separate property, which means... View More
Or I want to get me a lawyer
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answered on Jun 6, 2024
If you have a court hearing tomorrow for a Department of Children and Family Services (DCFS) case in California and wish to request a new court date or obtain legal representation, here are some steps you can take:
1. Request a continuance: If you need more time to prepare for the hearing... View More
His son was taken from the hospital at 2 days old based on false evidence that his court attorney has failed to challenge or fully investigate, and is going through the motions. Hiw do we prepare to appeal if we can’t afford a private attorney? How can a family member file with the court or... View More
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answered on Jun 5, 2024
I'm so sorry to hear about the difficult situation your family is going through with CPS and the removal of your nephew. A few thoughts on your options for challenging the court's decision and getting more involved in the case:
- Requesting guardianship would make you a party to... View More
Parent A has been trying to get sole custody and has at one point claimed child has autism which was later confirmed the child didn’t. Parent A has changed child school twice without asking parent B for permission. As of late, parent A has been trying to be more controlling demanding such things... View More
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answered on Jun 5, 2024
Based on the information provided, it appears that Parent A is engaging in controlling and potentially abusive behavior towards both Parent B and the child. Under California law, unless the custody order specifically states otherwise, both parents have the right to make decisions about the... View More
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answered on Jun 5, 2024
In California, if you acquired the home before marriage, received it as a gift, or inherited it, and the title is solely in your name, it is considered your separate property. Separate property is not typically divided in a divorce.
However, even if the property is your sole and separate... View More
I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.
answered on Jun 4, 2024
Every case is different. Generally speaking, a marriage of 27 years is considered "long term" and therefore, potentially, alimony, if ordered, will not have an end date. For more information regarding what goes into the court's decisions regarding alimony (whether to award, in what... View More
I was a stay at home mom for 6 years, then working only a few hours a day for 13 years due to caring for my children. My spouse makes almost triple what I make.
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answered on Jun 4, 2024
In California, for marriages lasting 10 years or longer, which the state considers a "long-term marriage," the court has the discretion to order alimony (spousal support) for as long as the court deems necessary. This could potentially be a lifetime award, depending on the circumstances.... View More
Can cps drug test a parent if there not on proll or probation or because of a 16 year old case
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answered on Jun 4, 2024
I understand your concern, but I want to provide some important context first. CPS (Child Protective Services) operates under state-specific laws and guidelines. Their primary goal is to ensure the safety and well-being of children. CPS investigations and actions are typically based on current... View More
CPS used false evidence to remove my 2 day old nephew from the postnatal recovery room at the hospital 12/23/23 and remains in court ordered foster care, based on an alleged positive result on a substance test. The baby was born in perfect health and tested negative for substances, as did the... View More
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answered on Jun 3, 2024
I'm so sorry to hear about the difficult situation your family is going through with CPS and the removal of your newborn nephew. It sounds incredibly stressful and upsetting, especially if CPS's allegations seem contradictory to the actual evidence.
I strongly recommend working... View More
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