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I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
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answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More 
I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More
I live in Utah and they live in California, the paternal grandmother has guardianship of them and has never played Fair I need to know how regain my parental rights living in a different state.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2024
Regaining custody of your children is a challenging process, especially across state lines. Since the paternal grandmother has guardianship, you would need to file a petition to terminate the guardianship in California, where your children currently live. The court will prioritize the best... View More
Cps was negligent in ways that could have prevented a death of a 7month old
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answered on Aug 10, 2024
To respond to a petition under California Welfare and Institutions Code 300, subsections (a), (b), (1), (f), and (g), you'll need to carefully review the allegations made against you. Focus on gathering evidence that shows CPS was negligent in ways that could have prevented the death of the... View More
Me separation papers and asked for custody be 50/50 a week on and a week off which she hasn't abided by and that completely fine with me. If she divorces me can I get full custody of our children? I have them 97% of the time I provide for them.
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answered on Aug 10, 2024
In California, custody decisions are made based on the best interests of the children. Given that you have had the children 97% of the time and have been their primary caregiver, this can weigh heavily in your favor if you seek full custody. The court will consider factors like who has been the... View More
House was sold by my uncle 6-7 years ago without consulting me or my brother, and a cousin of his told us that she was upset for him not getting in touch with us first. I didn't think I have a case but I keep questioning it. I don't have a copy of the trust, I don't know how to get... View More
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answered on Aug 10, 2024
If your father and uncle were co-beneficiaries of a trust that owned a house, and your father passed away, his share of the trust could potentially pass to his heirs, which may include you and your brother. However, this depends on the specific terms of the trust document, which outlines how the... View More
CA marriage law for last name change says we can change our name to “A name combining all or a part of the current last name (or the last name of either spouse at birth) into a single last name.” What does that mean? What is considered part of a name? A letter? A few letters?
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answered on Aug 9, 2024
When you and your partner decide to change your last name after marriage in California, you have the option to create a name that combines elements of both of your last names. This could mean merging parts of each name or even taking a completely new name that reflects both of you. The law allows... View More
When giving testimony under oath, are they held to a higher standard than a regular "expert witness" and subject to civil prosecution when they provide false or misleading information? In other words, can they be sued (in California)?
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answered on Aug 9, 2024
In California family law, private emergency screeners can be viewed as agents of the court when appointed by a judge to provide assessments or recommendations in custody or visitation matters. Their role is to assist the court in making informed decisions, which often grants them a level of... View More
We were both living in country which allows for single party consent at the time of the recording and I'm looking to understand if it can be used as evidence for an investigation in California.
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answered on Aug 9, 2024
Using a recorded conversation as evidence in a California investigation can be complex. Since the recording was made in a country with single-party consent, it may be considered legal in that jurisdiction. However, California has its own laws regarding the use of recordings, particularly in cases... View More
I need to know if I can move , I’m afraid the judge is going to order 3rd party placement for my son at next hearing on August 22, 2024 . He is very unprofessional judge . He is not considering all the facts . There is physical evidence of the abuse . Can I move my son out of state to protect... View More
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answered on Aug 9, 2024
Moving out of California with your son can be complicated, especially when custody issues are involved. Since you have sole custody, you generally have more decision-making power regarding your child's living arrangements. However, taking your son out of state without the other party’s... View More
The boy stated a sexual event occurred with granddaughters boyfriend. Father had restraining order issued which has not been served. Neither local Sheriffs nor DA has any record of the restraining order. How can we get kids back if said restraing order or protection order exists? My grandaughter... View More
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answered on Aug 9, 2024
It’s important to address the situation with care. If there’s a restraining order that hasn’t been properly served, it may not be enforceable. You can start by confirming the status of the restraining order through the court that issued it. Check with the court clerk to see if there are any... View More
Until I drug test because he said the police found.a needle in my pants pocket when I went to the emergency room
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answered on Aug 9, 2024
It sounds like you're in a difficult situation, and it's understandable to feel overwhelmed. The fact that your visits have been paused due to the incident and the drug test requirement can add a lot of stress. It's important to understand the reasons behind these actions, especially... View More
He’s filing divorce due to domestic violence. He’s placing retraining order on her. They are not living together but his name is on the wife’s apartment lease. She’s refusing to pay rent and tried to threaten him back to the house. Can he get his name removed from the lease with the divorce... View More
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answered on Aug 8, 2024
Under California law, your brother can potentially have his name removed from the joint rental lease. If he is filing for divorce and has obtained a restraining order due to domestic violence, these legal actions can support his request to be released from the lease obligations. He should present... View More
For me to visit or get any info on his condition. They won't even let me know he is there. What can I do? I am next to kin. I'm his mother.
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answered on Aug 8, 2024
Under California law, as the biological mother and next of kin, you have the right to receive information about your son's medical condition. Start by contacting the hospital's patient advocate or ombudsman to explain your situation and request access to information about your son.... View More
Can the Court impute income for child support retroactively if there was no seek work order and no prior notice about job or imputation was provided?
Existing orders state child support shall be reserved to date of separation. There were no further support orders. There has never been a... View More
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answered on Aug 6, 2024
In California, a court can impute income for child support retroactively, but specific conditions must be met to avoid violating due process. Generally, a court must provide notice and an opportunity for the party to be heard regarding the imputation of income. If there was no prior notice, seek... View More
Spouse is living in a country that is not part of Hague Service Convention or any treaty. Does the 6-month waiting period (CA divorce requirement) only start when summons are sent? My research has been saying proof of service will take a long time if spouse is living overseas (not including the 6... View More
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answered on Aug 4, 2024
In California, the six-month waiting period for a divorce begins on the date the respondent is served with the divorce papers or the date of their appearance in the case, whichever comes first. If your spouse lives in a country that is not part of the Hague Service Convention, serving them can be... View More
The father hadn't paid child support since 2022 of December and the judge was aware of this. My small income was scrutinized in a child support trial earlier this year. Meanwhile the father makes 6 figures and have made no effort to pay child support. The judge literally asked me on the... View More
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answered on Aug 4, 2024
Under California law, you have the right to receive child support from the non-custodial parent regardless of your own income or employment status. The court should ensure that the child support amount is fair and based on both parents' incomes and the needs of the child. It is not appropriate... View More
I have been a primary care giver to a teen whose parents done take care then and she doesn’t have any food in the house and the second teen is in foster care and his parents are both drug addicts
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answered on Aug 4, 2024
It sounds like you are in a difficult situation, caring for a teen without adequate support from her parents. In California, if you are acting as the primary caregiver and the teen's basic needs are not being met, you may need to consider legal options to ensure her well-being. You can contact... View More
My kids went out of state with my mother to visit family for what was supposed to be 2 weeks of summer break but i was unaware that my mother and my cousin planned for them to stay permanently. i have custody but they refuse to bring them home and threaten my safety if I try to take them because... View More
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answered on Aug 3, 2024
I'm sorry to hear about your situation. Given that you have custody of your children, your mother and cousin's actions can be considered serious. First, you should contact California law enforcement, as this is where you and your children reside, and report the situation. They can guide... View More
My kids went out of state with my mother to visit family for what was supposed to be 2 weeks of summer break but i was unaware that my mother and my cousin planned for them to stay permanently. i have custody but they refuse to bring them home and threaten my safety if I try to take them because... View More
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answered on Aug 3, 2024
I'm sorry to hear about your situation. Given that you have custody of your children, your mother and cousin's actions can be considered serious. First, you should contact California law enforcement, as this is where you and your children reside, and report the situation. They can guide... View More
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