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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: I am a Oregon visitation monitor. I received court paperwork from California? father has mother and me listedrespondent
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answered on Sep 14, 2024

Receiving court paperwork from California when you are an Oregon visitation monitor can be confusing. It's important to understand why you were named as a respondent in this case. Generally, if you are listed as a respondent, it may be because you have relevant information or involvement in... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can I be help with a cps case because I have been racially discriminated and my daughter detained from my care?

I am 24 and my daughter is five my case worker has retailed against me because I reported her for labeling me as petty now I was told be my appointed lawyer that even if I complete my case plant daughter won’t return to me because her and her supervisor to my lawyer that I’m focused on my... View More

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answered on Sep 13, 2024

It sounds like you're going through a difficult time with your CPS case, and it's important to know that you have rights. If you believe you’ve been discriminated against or retaliated against, you may be able to seek legal help to ensure you are treated fairly. Gathering evidence like... View More

1 Answer | Asked in Contracts, Estate Planning and Family Law for California on
Q: My best friend passed away about a month ago. He had/ has a Harley Davidson. In the best interest of the mother, we had

the bike moved off-site. I have the pink slip. One of the roommates wants the pink slip, she is good friends with whom the bike is stored at. She states she is trying to sell the bike, but I'm saying, until the buyer is at this house with cash in hand I'm not handing over the pink slip.... View More

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answered on Sep 12, 2024

It sounds like you're in a tricky situation, but you’re on the right track by being cautious about handing over the pink slip before ensuring the bike is properly sold and the proceeds go to the mother. The pink slip represents ownership, so holding onto it until the sale is finalized... View More

2 Answers | Asked in Family Law for California on
Q: What does it mean when they say there's no allegations in court
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answered on Sep 12, 2024

When you hear that there are "no allegations" in court, it generally means that no one has made any formal accusations or claims of wrongdoing against another party. In legal terms, an allegation is a statement that someone has done something wrong, which needs to be proven in court. If... View More

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1 Answer | Asked in Family Law for California on
Q: If a respondent asks family members to write a declaration and it is full of lies, what consequences if any are there?

In a custody modification case, the respondent had their sibling, new partner, and friend submit declarations that all followed a similar theme, portraying the peritioner in the most negative light possible. However, factual evidence contradicts many of their claims. Could there be legal... View More

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answered on Sep 11, 2024

In a custody modification case, if declarations submitted by family members, partners, or friends are found to contain false statements, there could be serious consequences. Family courts prioritize the best interests of the child, and providing false information can damage credibility. If it is... View More

1 Answer | Asked in Family Law for California on
Q: Juvenile dependency case

Help to fight against riverside county’s child protective services and possible lawsuit for false allegations and creating trauma towards my 12 year old daughter as well as making me an unstable mother BUT I have all documentations of every kind and witnesses from non relative or any relation of... View More

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answered on Sep 11, 2024

Facing a juvenile dependency case can be overwhelming, especially when you believe the allegations are false and have caused harm to your child and yourself. It’s important to gather all your documentation, such as records from doctors, law enforcement, and other credible witnesses who can attest... View More

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Probate for California on
Q: Why would I have a detention hearing from CPS?

My children remain in my care but I was made to sign a “safety plan” and given a detention hearing court date. Everything online says these take plan after/if children are removed. What is to be expected at this hearing? Do I need a lawyer and how do I get information on these allegations?

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answered on Sep 8, 2024

A detention hearing from Child Protective Services (CPS) typically happens when there are concerns about a child's safety or well-being. Even though your children remain in your care, the fact that you were asked to sign a “safety plan” suggests CPS may have identified some risks or... View More

1 Answer | Asked in Family Law for California on
Q: If I sign a affidavit for my child for some one else to get him to school and doctors can they take my kid from me

With that

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answered on Sep 7, 2024

When you sign an affidavit allowing someone else to take your child to school or the doctor, you're generally giving them temporary permission to make those specific decisions. This does not mean you are giving up your parental rights or transferring custody. The person you've authorized... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How can I obtain all rights taken away from father?

I have full custody of my son, father is trying to modify order. He has only seen him 8 times in one year. Has visitations Saturday and Sunday from 9am-12pm each day. Has been asked to take couple of classes since I have a restraining order against him for DV. But has not taken any class he has... View More

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answered on Sep 6, 2024

To seek termination of the father's parental rights, you need to demonstrate that his behavior is detrimental to your child's well-being. Since he has not consistently exercised his visitation rights and has ongoing issues such as drug problems, mental health concerns, and failure to... View More

1 Answer | Asked in Family Law for California on
Q: I'm in CA. My father passed away in Dearborn County Indiana. I need a lawyer to look over a general durable POA.
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answered on Sep 5, 2024

When dealing with a general durable power of attorney (POA) and your father's passing in Indiana, it's important to get clarity on its validity and implications. A lawyer familiar with both California and Indiana laws can help review the document to determine its impact on your... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I add my last name to my child’s as part of my divorce in California? Tried the normal route and told wrong venue

Followed all the steps for child name change: I filed, served (the father,) paid to have printed in the newspaper and appeared in court but was told by the judge it was the wrong venue due to the fact that I am also going through a divorce. so my question is do I fill out the civil name change... View More

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answered on Sep 5, 2024

In California, when you are going through a divorce and want to change your child's last name, you need to handle it within the context of your divorce proceedings in Family Court. Since you were informed that the civil court was the wrong venue, you should address this matter directly in your... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: If custodial parent is denying court ordered visits(supervised)and non custodial filed for contempt , what happens next?

My brother (non custodial parent) is supposed to do a step up program, his first step is supervised visits twice a week and mother designated the supervision monitor. 3 weeks into the visits mother(custodial)stops responding and when he asks for his visits mother states she wants him to get a court... View More

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answered on Sep 4, 2024

Your brother should absolutely continue requesting his visits and documenting all communication with the mother. If she is denying court-ordered visits despite his compliance with her request for a court-appointed monitor, this could strengthen his contempt case. Keeping detailed records of her... View More

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: I am on a mortgage loan with my SIL and want to get out of it but she does not want to refinance or sell. What to do?

I am not on the title but I am on the loan.

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answered on Sep 4, 2024

If you're on a mortgage loan but not on the title, getting out of it without refinancing or selling can be challenging. Since you’re responsible for the loan, but have no ownership rights, the situation is more complicated. Your best course of action would be to try to negotiate with your... View More

1 Answer | Asked in Family Law, Business Law, Child Custody and Civil Litigation for California on
Q: Opposing Counsel's Unfounded Accusations in Divorce/Custody Case Based on Court Error?

I followed a court order in my divorce/custody case, but due to a court error, it appeared I hadn't complied. The court clerk acknowledged the mistake. Despite this, opposing counsel immediately accused me in their declaration, stating, "Petitioner's actions and stonewalling... View More

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answered on Sep 4, 2024

In custody cases, courts prioritize facts and evidence over unsupported allegations. If you have documented proof, such as the court clerk's acknowledgment of the error, that you complied with the court order, the court is likely to focus on this evidence rather than on opposing counsel's... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Public Benefits for California on
Q: If the state oversteps a parent and issues a removal with no just cause what are the parents legal options

Need immediate attorney. Civil harassment and liability with unlawful search and seizure of jurisdictional minor denied access with no recourse from the current appellate court. What are the options in a family court

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answered on Sep 4, 2024

If the state has removed your child without just cause, you have several legal options to challenge this. First, you should file an immediate motion in family court to request the return of your child. This can include a request for an emergency hearing, where you can present evidence that the... View More

1 Answer | Asked in Family Law for California on
Q: Im looking amend my birth certificate. and remove a parent and add my real father.we took a DNA threw ancestry.

my mother died in 2020 so I reconnected with my biological father. the name on my birth certificate is a made up name.

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answered on Sep 3, 2024

Amending a birth certificate in California to reflect your biological father's name can be a complex process, especially if the name currently listed is not accurate. Since your mother has passed away, and you've recently reconnected with your biological father through DNA testing,... View More

1 Answer | Asked in Family Law and Probate for California on
Q: I am looking for a lawyer who can help with probate for my nephews who live in England and their father recently died

My younger brother died June 6th 2024 with no will we can find. he has lived in England for over 30 yrs an has 2 children 1 14yrs old and 1 17.5 yrs old

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answered on Sep 3, 2024

It sounds like you're going through a difficult time, and I'm sorry for your loss. Probate law can be complex, especially when it involves multiple countries. In your case, since your brother passed away in England, the probate process would generally need to follow UK laws, but you may... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: How does biological mother start to get custody of child after adoptive parent has died?

Adoptive parent has died . biological parent wishes to get custody after parental rights were terminated 3 years ago

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answered on Sep 2, 2024

If you're the biological mother and wish to regain custody after the adoptive parent has passed away, you'll need to take legal action. First, you must file a petition with the court to request a change in custody. This process will involve proving that regaining custody is in the best... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: In Ca, as respondent, how to argue against 3044 presumption.

Respondent is loving Dad to 2 minor children 4,6. Ex-fiancé took kids by force with family members. Alleged Dv 3 was later. No order on kid. Dad only gets 1 hr supervised visits. No allegations of prior DV or incidents.

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answered on Sep 1, 2024

To argue against the 3044 presumption in California, you need to provide evidence showing that you do not pose a risk to your children and that granting custody or unsupervised visitation would be in their best interest. Start by gathering evidence of your positive relationship with your children,... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: As a DV victim which is preferable: mediation settlement agreement or continue with court to get restraining order?

I filed for DVRO and legal separation case together (got TRO). We have 2 kids. Child abuse involved.

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answered on Aug 31, 2024

When dealing with domestic violence, especially when child abuse is involved, your primary concern should be the safety of you and your children. A court-issued restraining order provides legal protection and can enforce boundaries, which might be crucial if you fear ongoing harm. Mediation, on the... View More

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