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California Family Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California on
Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof... View More

James L. Arrasmith
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answered on May 28, 2024

I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: if my ex-wife did not have our child living with her for three years but was still receiving Child support is that Legal

Now he’s 30 years old has his own house and Child and I had a stroke two years ago and have been not able to pay my child support

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answered on May 28, 2024

Based on the information you provided, there are a few important legal considerations:

1. Child support obligations generally end when the child reaches the age of majority (18 in California) or becomes emancipated. If your son is now 30 years old, it is likely that you are no longer...
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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 28, 2024

Get ahead of it. File your Response to the petition and file a Request for Order to get support orders in place and court orders that limit her use of credit cards or enable you to either close out joint cards or keep one open for her use (just by way of example). Allowing unfettered access to... View More

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2 Answers | Asked in Divorce and Family Law for California on
Q: My wife and I are starting a divorce, I took her off of my credit cards as an authorized user before she filed.

Her lawyer sent me an email stating I had to put her back on my credit cards immediately, that she relies on them and she needs to buy groceries etc. The lawyer stated she would get a court order if I did not. I took her off as a user before any divorce filings. I'm asking if this is something... View More

James L. Arrasmith
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answered on May 28, 2024

In California, once a divorce petition has been filed, there are automatic temporary restraining orders (ATROs) that go into effect immediately for both parties. These orders are designed to maintain the financial status quo during the divorce proceedings. However, the ATROs do not specifically... View More

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1 Answer | Asked in Family Law for California on
Q: My ex wife’s left her email open on my sons laptop, in it I found evidence she lied in court, is it admissible evidence?

She is claiming she is unemployed, her emails prove she is lied in court. Do I tell my attorney ? I am afraid if I do the evidence will become inadmissible. What do I do.

James L. Arrasmith
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answered on May 27, 2024

Based on the details provided, this seems to be a complex and sensitive situation. Here are a few key points to consider:

1. Admissibility of evidence: The admissibility of the emails as evidence in court depends on various factors, such as how the evidence was obtained and whether it...
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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

James L. Arrasmith
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answered on May 27, 2024

Under California law, the primary concern in child custody cases is the best interests of the child. While your ex's association with a gang member who is facing criminal charges is concerning, you generally cannot unilaterally remove your child from the mother's care without a court... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 27, 2024

Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can... View More

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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: [Family Law] How to Request a Sanction Order Against the Opposing Party’s Attorney?

We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More

James L. Arrasmith
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answered on May 26, 2024

In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:

1. Written motion: It is generally advisable to file a written motion for sanctions...
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1 Answer | Asked in Family Law and Immigration Law for California on
Q: if i got my dad recorded can i sue him for 50 thousand dollars

i got deported cuz he put charges on me that were falsse not only that my ex girlfriend took my son from me cuz my dad never notified me that i needed to go to court for my son

James L. Arrasmith
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answered on May 26, 2024

I apologize for your difficult situation, but I have a few important things to note:

In California, it is illegal to record a private conversation without the consent of all parties involved. Recording someone without their knowledge or permission could potentially get you in legal trouble...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex canceled our daughter's doctor's appointment because she didn't agree she should go. Want to file ex parte..

My ex and I have joint legal and physical custody of our daughter who has had chronic stomach issues for a couple of years now. We have done a lot of testing with our daughter's pediatrician and everything comes back normal so the pediatrician just recommends therapy and says she might have... View More

James L. Arrasmith
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answered on May 25, 2024

In California, when parents with joint legal custody disagree on decisions related to their child's healthcare, either parent can file an ex parte application seeking court intervention. Here's what you should consider:

1. Gather evidence: Collect all relevant medical records,...
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2 Answers | Asked in Divorce and Family Law for California on
Q: I want to file for divorce but cannot locate my husband he keeps moving through states what can I do to proceed

I want to be able to proceed with my divorce, but if im unable to locate my husband how do I do that?? He keeps traveling around from state to state, so I'm unsure how to locate him to be able to serve him papers.

James L. Arrasmith
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answered on May 25, 2024

Under California law, if you are unable to locate your husband to serve him with divorce papers, you can request the court's permission to serve him by alternative means. This is known as a "motion for alternative service." Here are the steps you can take:

1. File for...
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3 Answers | Asked in Divorce and Family Law for California on
Q: What can I do if I'm not able to locate my husband I know a state he was in but he keeps going from state to state
James L. Arrasmith
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answered on May 25, 2024

If you are unable to locate your husband and are concerned about his well-being, there are a few steps you can take:

1. File a missing person report: Contact your local police department in California and file a missing person report. Provide them with as much information as possible,...
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3 Answers | Asked in Divorce and Family Law for California on
Q: What can I do if I'm not able to locate my husband I know a state he was in but he keeps going from state to state
Tobie B. Waxman
Tobie B. Waxman
answered on May 25, 2024

If this is for purposes of locating him so you can serve him with a Petition for Dissolution, find out his last known legal address, documents all efforts you have made to find him, and then file a motion with the court to get permission to have him served by publication. Otherwise, hire a PI.

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1 Answer | Asked in Divorce, Landlord - Tenant and Family Law for California on
Q: I need to understand Epstein credits & Watts charges re: a divorce; husband to rent out rooms in our house + live there.

My husband & I own a home & my husband of 13 yrs. filed for divorce. He's living in the house himself & paying the mortgage but is going to get two roommates(1 at least but likely 2 for a few months at least) because he can't afford to pay all the bills on his own without... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, Epstein credits refer to reimbursements one spouse can claim for paying community debts (like the mortgage) after separation, while Watts charges refer to the fair rental value one spouse may owe the other for the exclusive use of a community asset (like the home). Since your... View More

1 Answer | Asked in Divorce and Family Law for California on
Q: My wife and I were married 1 years I moved out ten years ago is she entitled to half in oregon
James L. Arrasmith
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answered on May 24, 2024

Under California law, the division of property in a divorce is based on the concept of community property. This means that any assets and debts acquired during the marriage are generally considered to be owned equally by both spouses. However, since you mentioned Oregon, it's important to note... View More

1 Answer | Asked in Family Law and Elder Law for California on
Q: Can Mem/Asst Care Home move our mom to a single room w/o her/our permission and raise her rent an added $1900?

My mother in-law has dementia and her Assisted/Memory care home called and said because she is located next to the front door and she always wants to know what's going on every time the doorbell rings, and her roommate doesn't want to room with her they are moving her to a room by herself... View More

James L. Arrasmith
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answered on May 24, 2024

I'm sorry to hear about the difficult situation with your mother-in-law's care home. Under California law, the care home cannot move your mother-in-law to a different room and increase her rent without her or your permission, especially given her dementia.

You should review the...
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1 Answer | Asked in Landlord - Tenant, Family Law and Public Benefits for California on
Q: My children& I live in low-income housing for 3 years now. When I moved in I filled out all the vawa paperwork, gave the

Property Management a copy of the court ordered stay away from to different individuals that I have documented DV cases with. We have a call box at the front door. We where using my brothers name instead of mine. Within the last few weeks and without warning my brothers name is gone and they have... View More

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answered on May 24, 2024

I'm sorry to hear about the situation you and your children are facing. Given the removal of your brother's name and the listing of your name and apartment number, it's crucial to act quickly to protect your safety.

Firstly, contact the property management immediately to...
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1 Answer | Asked in Family Law for California on
Q: Hi, I live in CA and am considering getting married. Do I need a prenup to protect future inheritance?

Specifically a company, and house. From what I have read inheritance are not subject to division but I am concerned how it would play out with the company being the main source of income.

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answered on May 23, 2024

In California, inheritance and gifts received during the marriage are generally considered separate property and are not subject to division in a divorce. However, there are some situations where separate property can become commingled with marital property, which may complicate the division of... View More

1 Answer | Asked in Child Support and Family Law for California on
Q: Can I exclude an investment property from my income and expense declaration?

I am thinking about transferring an income property into a single-member LLC and having the single member be a trust. The property revenue would be deposited into the LLC checking account and there would be a separate tax return filed for the trust. I would not receive income from the property or... View More

James L. Arrasmith
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answered on May 23, 2024

Under California law, when filing an Income and Expense Declaration (Form FL-150), you are required to provide a complete and accurate disclosure of your financial situation, including all sources of income and expenses. This includes any income or expenses related to investment properties.... View More

2 Answers | Asked in Divorce and Family Law for California on
Q: My son lives in Eureka California. His wife of less than 2 years just left him What is the simplest divorce process

I am in Arizona but my 33 year old son lives in Eureka. He is a teacher. He is in shock over this incident but the couple has very little in the way of assets. What is the least onerous and least expensive way to proceed with a no-fault divorce? And what does a "fault" divorce man.... View More

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answered on May 23, 2024

In California, the simplest and least expensive way to proceed with a divorce is through an uncontested divorce, also known as a "summary dissolution." This process is available to couples who meet certain criteria, including:

1. Being married for less than 5 years

2....
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