Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: How to update Name and address change from out of state during an ongoing custody battle, judgement is already in place.

I live in north oregon, custody juridiction in place is sacramento, California. I have changed my legal name and address and I can't find a way to update it online with the Sacramento court.

Mike Darlington
Mike Darlington answered on Feb 26, 2020

Most courts will not allow such changes online. You should use form MC-040 Change of Address or Other Contact Information. Fill it out and file it with the court. Make sure you send the other side in your matter a copy.

1 Answer | Asked in Family Law for California on
Q: Can an Order to Show Cause Hearing in CA be canceled if the respondent fulfilled his part of a settlement agreement?

I filed contempt paperwork last fall against my ex-husband due to him disobeying a court order to pay a debt. In October, the judge had us meet with a mediator where we agreed upon a settlement amount and payment plan. Also apart of the agreement was that when he made his final payment to me that... Read more »

Mike Darlington
Mike Darlington answered on Feb 26, 2020

I'm not sure why you should be paying any fee. You should be able to file a CV-110 (Request for Dismissal) for no cost.

1 Answer | Asked in Family Law for California on
Q: I live in California & my children are now adults. I'm paying back child support payments.

Do my kids have the right to collect the arrears or does payment still go to my ex?

Mike Darlington
Mike Darlington answered on Feb 25, 2020

To your ex.

1 Answer | Asked in Family Law for California on
Q: I worked out a deal with DCSS, 15 years ago. Paid all the arrears off. Ex is in a care home. Kids are 36 and 32.

They are off living their lives. I remarried but lost my husband 2 years ago. Out of nowhere they sent me an email wanting payment? Why??

Mike Darlington
Mike Darlington answered on Feb 23, 2020

DCSS normally doesn't send emails out of the blue, so you should contact them in person to determine the validity of the email. Normally, if they think you owe money, they send a letter explaining the basis of the claim. I would not respond to the email in case it is some type of scam and contact... Read more »

1 Answer | Asked in Family Law for California on
Q: I have been having supervised visits with my son for 7 months. We recently changed to home visits which mom hasn’t shown

A

Mike Darlington
Mike Darlington answered on Feb 22, 2020

She is only in contempt of court if she does not follow a court order; not a suggestion from the supervisor. Unless the order specifically allows for that. If it doesn't than she is not. If you want to change the custody/visitation orders than you should file an FL-300 that requests exactly how... Read more »

1 Answer | Asked in Family Law for California on
Q: baby last name for a married couple in CA

If a married couple in CA have 2 different last names and can’t come to a conclusion on which last name to use for their child, what is the next step?

Mike Darlington
Mike Darlington answered on Feb 22, 2020

I've been doing family law for about 35 years and this is the first time I've come across this as a sole litigation issue.

I'm assuming the child has not yet been born or there would already have been a selection of the last name for the birth certificate. Of course the easiest solution...
Read more »

2 Answers | Asked in Family Law and Domestic Violence for California on
Q: Can a person go to a family law hearing if it's not theirs?
Mike Darlington
Mike Darlington answered on Feb 21, 2020

Hearings are open to the public unless it is a confidential case, such as an adoption, paternity, CFS, etc. For those type of cases they normally close the courtroom. Other than that you should be able to attend.

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Completing forms for Perm RO against abusive ex. - can having placed a recording device ex found out about implicate me?

Just issued a RO against ex boyfriend who verbally, physically, and psychologically abused me, using my supposed cheating as reason why he treated me in abusive manner. Was granted temporary RO and now completing forms for permanent. While we were together, I'd placed a recording device in his... Read more »

Mike Darlington
Mike Darlington answered on Feb 20, 2020

Shouldn't have done that. At this point you just need to see if he brings it up and hope he doesn't. But if he does you need to get representation right away, and not discuss this matter with anyone else until you do, because the ramifications of this can be far reaching.

1 Answer | Asked in Family Law for California on
Q: My husband filed divorce but now refuses to proceed in effort to prolong the process. Do I have any immediate recourse

He served me himself via certified mail and did not include the notice of acknowledgement. I believe this is not a legal service because he sent the paperwork and he is a party in the case. He later sent the notice of acknowledgement but was blank. Nothing was filled in. I inquired about it and... Read more »

Mike Darlington
Mike Darlington answered on Feb 19, 2020

I am assuming that this is a California divorce for the purposes of this question. You do not need to wait on him to move the case forward. You should file a Response to his Petition requesting a divorce. When your response is entered that will become the jurisdiction date and the six month... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Family Law for California on
Q: I live in California and want to move out of state. We have joint legal custody however, I have sole physical custody.

We are still married but separated for over 18 months. I want to move out of state. Am I able to move without giving notice to him or the courts being that I have sole physical custody? My son and I live in California where the courts granted me sole physical custody and joint legal custody.

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Depending on the wording in your custody order you may or may not have the right to move without the court's permission. Often times even a sole physical designation carries with it such a prohibition. If your's does not, to just up and move, even with notice, has a number of pitfalls. There is... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: ELDER MALE, 90 LAST APRIL2020. WIFE HAS $3700 MONTHLY ANUITY INCOME VS MY SOC. SEC $2000. Can I receive almony?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

You have left too many questions unanswered to determine that. Such as length of marriage, how long separated, when separated etc. However, is you would get a spousal support award based on the difference in incomes it would probably be a minimal award.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
Read more »

1 Answer | Asked in Family Law for California on
Q: Would there be any legal ramifications if I decide to move out of state and leave my child with the other parent?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

I'm assuming the other parents wants the child to live with them.

The biggest ramification is that you may be liable for child support. The hidden ramifications are that you may be creating a situation where it is difficult to visit with the child left behind; and that you may have...
Read more »

1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Entertainment / Sports for California on
Q: How can I find out if someone has power of attorney over me?
Mit Winter
Mit Winter answered on Feb 14, 2020

A power of attorney is a document that allows you to appoint a person or entity to oversee and manage your affairs. In order for a power of attorney to be legally binding, in most states you must sign and have notarized an original power of attorney document that specifies exactly what powers your... Read more »

1 Answer | Asked in Family Law, Criminal Law and Child Support for California on
Q: How can we report to the court that the mother is moving with daughter and is leaving without notifying the court

My partner lives in LA and is paying for child support through the county of riverside Indoh in palms springs, mother just sent out a text stating she was moving to Tahoe and is keeping everything the same without the court knowing she is moving. What can we do or say to the court, so he can either... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 13, 2020

more info needed.

you should talk to whoever handled the family law case.

if no one use legal aid for consult.

2 Answers | Asked in Divorce, Family Law and Immigration Law for California on
Q: Will I need to notify my daughter's father that I am trying to get her resident visa in another country?

I have full legal and physical custody through our divorce decree which has remained unchanged in nearly 5 years. He was a drug user and had a stipulation in place for supervised visitation, that he would have to complete at least 90 days of inpatient treatment. He never complied and hasn't seen... Read more »

Adan Vega
Adan Vega answered on Feb 12, 2020

You will need to contact a family law attorney to analyze the possibility of complications in your quest for status in a foreign country for your child.

View More Answers

1 Answer | Asked in Family Law and Immigration Law for California on
Q: I’m a legal H1B worker in California. Can I legally be the witness to my friend’s (a US citizen) marriage?

Both my friend and his fiancé are US citizens. I’ll be required to sign that I have witnessed the wedding in order for my friend to obtain a license for his marriage in California.

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is probably a question for the state of California. In general, however, if there is no written requirement that the witness be a USC or LPR, then anyone can do it.

1 Answer | Asked in Divorce and Family Law for California on
Q: my Ex will do anything to stop me and my daughters from moving in with my new partner what can I do?

I’ve been divorced for a year. I have two daughters ages 10&13. I’m getting ready to move in with my boyfriend. I am not moving out of state or out of city . what can I do to secure my shared custody of my daughters? My ex doesn’t pay child support or alimony. My ex is unhappy about the... Read more »

Mike Darlington
Mike Darlington answered on Feb 10, 2020

If there are custody orders concerning time share of your children between you and your ex and they do not specifically exclude you moving in with your boyfriend (or have some provision concerning the inclusion of a new significant other with your children) then you can do so. I would suggest you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: As the custodial parent can I deny a supervised visit to be conducted at my sons fathers house?

My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... Read more »

Mike Darlington
Mike Darlington answered on Feb 9, 2020

Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.

If they do not cover...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.