Get free answers to your Family Law legal questions from lawyers in your area.
I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it
answered on Sep 29, 2024
It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More
My daughters mother is using her upperhand to create haywire visit schedules, just so they fail more than half the time. And creating issues based upon the absence .
answered on Sep 29, 2024
It sounds like you're facing a frustrating and challenging situation with your daughter's visitation arrangements. If the court ordered supervised visits with her mother’s boyfriend as the supervisor, but you feel uncomfortable or believe this arrangement is causing unnecessary... View More
I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his... View More
answered on Sep 28, 2024
Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services
We have a 40/60 Split on the property, but just found out that decades ago I had signed to remove my name off the deed. I dont quite remember doing that, but apparently there’s a notarize document. The fact that the house is no longer financed, and with my name off the deed, does this means... View More
answered on Sep 25, 2024
The divorce agreement and property division terms you reached during the divorce should still be valid, regardless of the change to the property deed, unless you later signed something explicitly altering the terms of that agreement. The fact that your name was removed from the deed does not... View More
answered on Sep 25, 2024
To seek an adjustment for spousal support in California, you'll need to demonstrate a significant change in circumstances since the original order was made. Changes can include job loss, a substantial decrease or increase in either party's income, or changes in the needs or health of... View More
If my spouse agrees to me having full physical custody of my child, he would still see her every other weekend, will I be able to move away 75 miles with her?
answered on Sep 25, 2024
If you have sole physical custody, you may be able to move 75 miles away with your child, but you still need to follow specific legal procedures. Even if your spouse agrees to full physical custody, they may still have a say in the move if it affects their visitation rights. Courts generally look... View More
We have a DV case has monitored visitations his mother is the one monitoring. He is trying to modify the visitations but has only seen him 8 times since June 28, 2023. Has not financially supported my son in almost 5 years, isn’t complying with the child support order since back in November 2023.... View More
answered on Sep 25, 2024
When you go to court, it's important to present clear evidence about how the father's actions have negatively impacted your child. Since he has not consistently participated in visitations and has failed to comply with child support orders, highlight these issues. Emphasize the emotional... View More
I was arrested but never charged or interviewed. in 2019 my ex accused me of threatening her. Spent 4 days in jail. They took my son from me and all my rights. Never saw a judge or anything. In 2024 after filing for more visitation. My ex accused me of my son. Again CPS was called i spoke to them... View More
answered on Sep 24, 2024
It sounds like you're going through a really tough time, and I’m sorry for what you’re experiencing. In California, it can be difficult to get access to police reports when you're considered a suspect in a case, even if the allegations were unfounded. This often happens because law... View More
So my mother was charged for my fathers death her attorney had a judge who was supposed to be hearing cases hear her case She was charged gross vehicular manslaughter reduced from a felony to an infraction charge They sealed her file and later on purged her file so a judge who is a former law firm... View More
answered on Sep 23, 2024
It sounds like you’re dealing with a very complex situation, and it must be frustrating to feel like the system hasn’t addressed the issues you raised. From what you’ve shared, the judicial proceedings around your mother’s case and your own conservatorship appear to have had several... View More
If so, can I count as independent status for FAFSA
answered on Sep 23, 2024
Enlisting in the U.S. Army Reserves at 17 in California does not automatically emancipate you. Emancipation in California typically requires a court process or getting married, and joining the military is not enough on its own. To enlist at 17, you would also need parental consent, further showing... View More
My sister had multiple mental diagnoses and does not care for my nephew alone. She has no job and relies on others to care for my nephew. I provide him with clothes, shoes, car seats, etc. I would like to petition the court for visitation because my sister denies me access to my nephew. I’m... View More
answered on Sep 22, 2024
To seek visitation rights for your nephew, you'll need to file a petition with the court. California law allows close relatives, such as aunts or uncles, to request visitation if it's in the child's best interest. In your case, given your involvement in providing for your nephew and... View More
Motion to vacate DVRO was dismissed With Prejudice and I am assuming it was due to me not appearing, but I tried to connect through Courtcall as I was approved for it and I wasn't successful. Courtcall didn't have my name listed and they said I have to pay $72 which I wasn't told... View More
answered on Sep 20, 2024
You may still have options to challenge the DVRO despite the dismissal with prejudice. Since you now have new evidence that wasn't available at the time, you can file a motion for reconsideration under California Code of Civil Procedure section 1008. In this motion, you will need to explain... View More
The proposed MSA: Family Code §5616: The parties acknowledge that they have been advised that: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support... View More
answered on Sep 19, 2024
In your situation, while your ex may agree to forgive your arrears in exchange for stopping child support and spousal support garnishment, the final outcome depends on whether the court approves the agreement. A judge will review the MSA (Marital Settlement Agreement) to ensure that it complies... View More
I was added to property title after a trust was created. In the trust, the property is listed as separate. Who does it go to when the original property owner dies?
answered on Sep 18, 2024
When the original property owner passes away, the distribution of the property depends on the terms of the trust. If the property is listed as separate in the trust, it will be treated according to the instructions outlined in the trust document. This could mean the property is given to specific... View More
Name calling threatening harassment and controlling or all issues in this case he has a past anger problem which he still does went to mediation here recently I'm going to court through family law as well as restraining order so I would appreciate if somebody could kind of feel me and... View More
answered on Sep 16, 2024
When you go to court for a civil domestic restraining order, expect to present your side of the story. You’ll have the chance to explain the incidents of name-calling, threats, harassment, and controlling behavior. Be ready to provide any evidence you have, such as messages, emails, or witnesses... View More
I am representing myself in California divorce action. I need to send subpoenas to banks, his employer, his pension and retirement funds. If I had an attorney, I understand issuing a subpoena would be easy, but since I’m representing myself, do I have to file something and actually ask a judge or... View More
answered on Sep 16, 2024
When representing yourself in a family law case in California, you can issue a subpoena, but there are specific steps to follow. You don’t necessarily need to get a judge's permission to issue a subpoena, but you will need the court's help to make it official. You can prepare the... View More
I tried to turn in my documents releasing me from child support. I have still paid for over one year when I met my obligations. Court will not let me take this action alone and wants my lawyer to sign off or release me. Lawyer will not sign off due to financial disagreements.
answered on Sep 16, 2024
To get the court to sign off on your child support issue, you need to take a few steps since your lawyer isn't cooperating. Start by communicating with your lawyer in writing, clearly stating your request for them to sign off or release you. Be direct about the financial disagreements and... View More
answered on Sep 15, 2024
If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More
I filled for guardianship of my granddaughter and was denied but I was granted unsupervised visitation for 2 hours once a week we meet up at a park to pick up the child and took her home the father fallowed me to my house
Can I take the baby to my house if I have unsupervised visits? The... View More
answered on Sep 14, 2024
If you have been granted unsupervised visitation, you generally have the flexibility to choose where the visits take place, including your home, unless the court order specifies a particular location. Since the judge did not mention a specific place for the visits, you should be able to take your... View More
Is there anything they could have done like lie so I get in trouble or can't get one against them. I've lived in the area they never have. I'm pretty sure they have been bothering a neighbor so everyone is madd at me.
answered on Sep 14, 2024
If you've been dealing with noise and harassment from a couple of people for the past year, you have the option to seek a restraining order. To do this, you need to show the court that their actions are causing you substantial distress or posing a threat to your safety. Gather any evidence you... View More
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