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California Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: Is there is some rype of obscure emergency visitation order for a child in foster to file if immediate family is dyiing.

My nephew is in foster care for a juvenile dependency case that has dragged on 8 months without resolution. Dad still has reunification plan amd paremtal supervised visitation rights, but the removal itself was completely fabricated by the social worker and we are in the process of fighting the... View More

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answered on Aug 31, 2024

I'm truly sorry to hear about your situation. In California, you can request an emergency court order for visitation under special circumstances, especially if it’s for a significant event like a dying relative. You would need to file a request for a temporary emergency order (Ex Parte)... View More

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Am I violating a dvro if protected person has moved out of address that I was excluded from?

I was ordered to move out from my mother’s home in a DVRO my sister lied about me in. I am waiting for the RFO date to modify this order with new evidence. However, my sister tge protected person and her children has moved out of my mother’s home. She has been gone for over 2 weeks now. My... View More

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answered on Aug 30, 2024

You should be cautious in this situation. Even though the protected person has moved out of your mother’s home, the terms of the Domestic Violence Restraining Order (DVRO) remain in effect until modified by the court. The order requires you to stay 100 yards away from the specified locations,... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Family Law for California on
Q: CPS has violated our rights, treats, harassment bullying falsifying information intimidation discrimination and hate
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answered on Aug 29, 2024

It sounds like you are facing serious issues with Child Protective Services (CPS) in California. When CPS violates rights, engages in harassment, or falsifies information, it's important to document every interaction. Keep detailed records of all communications, including dates, times, names... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can i have full custody of my kids if their father abandoned the home in the middle of a rent contract?

I don't work because both of my kids have behavioral therapy one of my kids has autism and needs me 24/7 and his dad didn't care about that. He left not caring if were gonna have a home or not he also stopped paying the van I used to take my son to therapies with, and both of my kids to... View More

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answered on Aug 28, 2024

Yes, it is possible to seek full custody if the father of your children has abandoned the family and is not actively involved in their care. Courts prioritize the best interests of the children, and if you can demonstrate that you are the primary caregiver and that the father is not fulfilling his... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for California on
Q: What can I do after I tried reaching out to Da Police fbi military about this going ongoing situations

Inmate social worker military and other people

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answered on Aug 26, 2024

If you've already reached out to law enforcement, the FBI, or the military and haven't received the help you need, consider documenting everything that's happened. Keep records of all your communications, including dates, times, and the names of the people you've spoken to. This... View More

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My abuser filed TRO against me. How do I defend myself in court without a lawyer?

I had filed a TRO against my abuser. It was granted but it was failed to be served to him. The abuser filed a TRO against me and his lawyer’s coworker sneakily served me the paperwork with my passport, birth certificate, etc. The abuser is saying I’ve lied about everything and am withholding... View More

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answered on Aug 25, 2024

Defending yourself in court without a lawyer can be challenging, but it's possible with careful preparation. Start by gathering all evidence that supports your case, such as text messages, emails, and any other documentation that proves your side of the story. Organize this evidence in a clear... View More

1 Answer | Asked in Family Law for California on
Q: Family judge applied % starting from when court confirmed I paid all of community debt, not from dissolution judgement?

Dissolution judgement was in 2014 with community debt divided equally. All community debt was on credit cards in my name only. After court moved to new building, covid, three judges changed, current judged ruled interest on the debt owed by the opposing party should be counted from the date when I... View More

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answered on Aug 24, 2024

It sounds frustrating to deal with such a complex situation, especially with the multiple changes in judges and delays. The judge may have decided to start the interest from 2021 because that's when you provided proof that you paid the community debt. This could suggest that the court... View More

1 Answer | Asked in DUI / DWI, Family Law, Car Accidents and Child Custody for California on
Q: If my co parent was a convicted felon for DUI vehicular man slaughter will the judge see him as incompetent parent?

He’s been out for 1 1/2 years now and my attorney is taking their sweet time to file a change of order from 2017. I was dumb to take word of mouth to think everything will be fine when he came out and didn’t change the custody order. 2 months after he came out he wanted to follow the court... View More

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answered on Aug 22, 2024

Winning a custody battle depends on several factors, including the best interests of the child, which is the primary concern for the court. The judge will consider your co-parent's past conviction, especially since it involves DUI vehicular manslaughter, and weigh it against their current... View More

1 Answer | Asked in Family Law for California on
Q: If my brother lost parental rights to my nieces does that means I lose my ant vistarion rights?
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answered on Aug 22, 2024

Losing parental rights usually affects the legal standing of the parent, but it doesn’t automatically mean that you lose your visitation rights as an aunt. In California, you may still have the option to petition the court for visitation if it’s in the best interest of your nieces. The court... View More

1 Answer | Asked in Family Law for California on
Q: Someone made report CPS wants to meet do I have the right to tell them I want to meet when I have my lawyer present?
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answered on Aug 22, 2024

Yes, you have the right to request that your lawyer be present during any meeting with Child Protective Services (CPS). It's important to communicate this clearly to the CPS worker before scheduling the meeting. Having your attorney with you can help protect your rights and ensure you... View More

3 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: I have hearing coming up regarding contempt / motion of enforcement. Am I able to submit add'l information to the court

Like additional documents or evidence about the faulty party

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answered on Aug 21, 2024

Yes, you can submit additional documents or evidence to the court, but there are some steps you need to follow. Typically, you must submit any additional evidence before the hearing, and the court will have deadlines for when this needs to be done. It's important to make sure that any new... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My biological grandkids were adopted by a couple who are now at fault. how can I get my grandkids custody?

I am reaching out to you regarding a concerning adoption case involving my grandchildren in 2020. As their biological grandmother, I am alarmed that the couple of strangers who have adopted them by being dishonest in the court, have a brother who is registered sex offender who has been seen in... View More

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answered on Aug 20, 2024

If you believe your grandchildren are in immediate danger, reporting the situation to Child Protective Services (CPS) is the right step. CPS will investigate the matter to ensure the safety of the children. The fact that a registered sex offender is frequently in the home is a serious concern that... View More

1 Answer | Asked in Family Law and Collections for California on
Q: For Memorandum of Costs Form MC-012, do I calculate accrued interest on Principal including Costs I'm submitting?

I Used San Diego Court calculator, to input costs, and calculate accrued interest on Judgment. This online calculation incorporated the costs in determining accrued interest. Is this acceptable before costs are approved?

Costs approved by the court are included as part of the judgment... View More

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answered on Aug 19, 2024

When filling out Form MC-012 for Memorandum of Costs, you should not include interest on costs that haven't yet been approved by the court. The accrued interest you calculate should only be on the principal judgment amount. Once the court approves the costs, they will become part of the... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: Are earnings during marriage on 401K contributions made before marriage marital property? For TX Instruments & Microsoft
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answered on Aug 18, 2024

In California, earnings on 401(k) contributions made before marriage are typically considered separate property, but the earnings generated during the marriage on those contributions can be classified as community property. This means that the income or gains accumulated during the marriage, even... View More

1 Answer | Asked in Personal Injury and Family Law for California on
Q: My caregiver left my home, and after spending all day with my autistic kids, decided to call in a welfare check on us.

My caregiver spent all day with my autistic kids, cared for them, and was in our home all day. She made up an excuse in order to leave early, and after doing so called in a welfare check on my children. Police showed up. The claims were all about the conditions like what they ate, that they wore... View More

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answered on Aug 17, 2024

You may have grounds to file a civil claim for emotional distress under California law, but there are several factors to consider. First, emotional distress claims typically require proof that the defendant's actions were outrageous and intended to cause severe emotional harm. In your case,... View More

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: as a minor can my parent take away something I just bought
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answered on Aug 17, 2024

In California, as a minor, your parent generally has broad authority over you, including the ability to take away items you've purchased. This is because parents are legally responsible for the care, custody, and control of their children. Even if you used your own money to buy something, your... View More

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1 Answer | Asked in Divorce and Family Law for California on
Q: 18yrs marriage, we earn the same. 2kids (15/10). Want joint custody/50% split. She wants full custody/80%, suggestions.

My wife and I agree to divorce after 18 years of marriage. 2 kids (15 and 10 years old). Both earn almost the same. In fact I earn 10% less. I served her with CA divorce papers with everything equal (joint custody, 50-50% on assets). Now she is refusing to sign and says that if I don't give... View More

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answered on Aug 17, 2024

In your situation, it's important to take immediate steps to protect your rights and interests. Since your spouse is refusing to sign the papers and is threatening to quit her job, the divorce could become contested. This means you'll likely need legal representation to ensure a fair... View More

1 Answer | Asked in Family Law and Adoption for California on
Q: can a California adoptive mom sleep in the same bed every night with 7 year old adopted son

she moved her stuff into boys room and sleeps with him every night and keeps the door locked all day every day so he has no access to his stuff

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answered on Aug 17, 2024

Under California law, the safety and well-being of a child are of paramount importance. While there is no specific law prohibiting a parent from sharing a bed with their child, this situation raises significant concerns about the child's emotional and psychological welfare. The act of locking... View More

1 Answer | Asked in Family Law for California on
Q: family member in LPS Conservatorship due to TBI. Aging parents are the conservators. Want to add co-conservator

The current conservators want to add a younger family member as a co-conservator in the event they pass on, they want the LPS conservatorship to transfer to the co-conservator. The LPS conservatorship is in California. Can this be done?

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answered on Aug 15, 2024

In California, adding a co-conservator to an existing LPS conservatorship is possible, but it requires court approval. The process involves filing a petition with the court, where the proposed co-conservator must demonstrate their suitability and willingness to take on the responsibility. The court... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: If I have physical custody, why can my childs mother not have a set schedule and lie under oath that she lives in Arizon

She says she lives in the same city, when we have shown proof she has broken judgement orders and driven my child with a suspended license, she continues to get aid in California and claim my daughter when my daughter does not live with her and she lives out if state but lies and borrows an... View More

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answered on Aug 12, 2024

It sounds like you’re dealing with a very difficult situation, and it’s understandable to be frustrated. If your child’s mother is lying about her residence and violating court orders, you may have grounds to request a modification of the custody arrangement or even take further legal action.... View More

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