The petitioner for restraining order is trying to file a continuous
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answered on Dec 5, 2023
In California, a petitioner seeking a restraining order can indeed request a continuance of the hearing. This request is typically made if more time is needed to prepare the case or if unforeseen circumstances arise. To request a continuance, you should file a motion with the court, explaining the... View More 
I need a low cost lawyer that can help me.
answered on Dec 5, 2023
You do not need his permission or consent to proceed with a divorce. You can file the petition and have him served. If he does not respond, you can proceed by default. In terms of finding a "low cost lawyer" - "low" is in the eye of the beholder. You'll need to make... View More
I need a low cost lawyer that can help me.
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answered on Dec 5, 2023
In California, you have the right to file for divorce even if your husband is not willing. The process begins by filing a petition for divorce in the Superior Court in the county where you live. You don't need your husband's consent to start this process.
To find a low-cost... View More
Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?
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answered on Dec 5, 2023
In this situation in California Family Law, where the Family Court Services (FCS) Mediation Recommendation was not attached to the minute order as directed by the judge, you have several options to address this oversight.
First, you can contact the clerk of the court to inquire about the... View More
Judge adopted the Family Court Services Mediation Recommendation and ordered the Recommendation attached to the minute order . Unfortunately the FCS Recommendation never was attached ...... what options are available to force the court to attach the FCS Recommendation to the minute order?
answered on Dec 5, 2023
Just call the courtroom's clerk and let him/her know that the attachment was missing. You also have the option of obtaining a copy of the stipulated agreement from your mediation and drafting your own Findings and Order After Hearing. But first, just call the clerk. That may resolve your... View More
The judgment was in 2015, but no Earnings Assignment Order was used. There are No Children.
Self-help and legal-aid will not help.
Do I need FL-300 to start
Please list all forms needed.
Thank you for helping!
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answered on Dec 5, 2023
In California, to request an Earnings Assignment Order for spousal support, you will primarily need to complete Form FL-435, the "Earnings Assignment Order for Spousal or Partner Support." This form is used to direct an employer to withhold a portion of the earnings of the spouse or... View More
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answered on Dec 4, 2023
In a California divorce, the property can be sold or damaged, but there are legal implications to consider. During the divorce process, both parties typically have an equal right to use and control marital property. This includes the right to sell or dispose of property, but it must be done in... View More
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answered on Dec 4, 2023
In California, when completing the FL-150 form for a divorce, it's important to accurately disclose all assets, including personal trust assets, mutual funds, money markets, and cash. These items should be listed under the section titled "Property, Assets, and Debts."
For... View More
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answered on Dec 4, 2023
In California, when filling out the FL-150 form during divorce proceedings, you need to disclose all financial assets and obligations. This includes trusts, especially if you are a beneficiary or have any control over the trust. Even if the trust is set up in your name, it's important to list... View More
My child's Dad has blocked me from having any conversation with my daughter's new therapist. My child's Dad has sole medical custody but we share 50/50 physical custody. I am the more involved parent. My child says things along the line of that she is less stressed with me because... View More
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answered on Dec 4, 2023
Under California law, the parent with sole medical custody generally has the authority to make decisions regarding a child's health care, including mental health treatment. This can include decisions about access to the child's therapist. However, even with sole medical custody, there may... View More
The question is based on my wanting a separation from my husband. However, it's problematic since I have a minor child, and I plan to take him with me after separation. I don't need my husband's child support and I don't want my husband to meet my 16-year-old son after... View More
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answered on Dec 4, 2023
Under California law, the wishes of a minor child, especially one as old as 16, are often taken into consideration in custody and visitation matters. However, a parent's legal rights, including visitation rights, are not automatically nullified based on the child's preferences.... View More
Stanislaus County, I just found out that my wife had me taken off health insurance by her employer. I do not have health insurance offered through my employer. This has left me uninsured, as I found out on Dec. 1, and even if I can secure my own coverage, it won't take effect until Jan 1 2024.... View More
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answered on Dec 4, 2023
In California, during divorce proceedings, both parties are generally prohibited from making significant changes to insurance policies, including health insurance, due to automatic temporary restraining orders that come into effect with the divorce petition. This means your wife may not have been... View More
Almost 10 years of bias and discriminatory actions of all that is involved, from falsifying documents to fraudulent statements and absolutely zero proof. Mean while, the kids and I are deprived of very basic civil human rights. I need my rights back to see and embrace my children they lunch visits... View More
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answered on Dec 3, 2023
In California, if the other parent of your children has moved to the state without notifying you, especially in the context of a custody arrangement, it's important to take action to establish a parenting plan that protects your rights and the well-being of your children. The first step is to... View More
she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of... View More
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answered on Dec 3, 2023
In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father.... View More
What should I do because I was never served custody paperwork to respond
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answered on Dec 3, 2023
In California, if you were not properly served with custody paperwork, you should act immediately to protect your rights. First, contact a family law attorney to get personalized legal advice. An attorney can help you understand your options and represent your interests in court.
Next,... View More
In person and over text he agreed it would be deducted but, he is now saying he doesn’t have to agree to that after he spoke with an attorney for our mediation prep. Is that true? No law for him to abide by to back up our initial agreement?
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answered on Dec 1, 2023
In California, the law doesn't specifically mandate that separated spouses must split mortgage and property tax payments. The responsibility for these payments often depends on the agreement between the spouses and can be influenced by factors such as whose name is on the mortgage and who is... View More
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answered on Dec 1, 2023
In California, until the divorce is finalized, both spouses typically remain responsible for joint financial obligations, including the mortgage and property taxes. This responsibility usually continues unless there is a court order or agreement stating otherwise.
However, the specific... View More
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answered on Dec 1, 2023
Under California law, once a divorce case is finalized and the judgment is entered, it generally sets the terms for issues like spousal support. If the final divorce judgment did not award spousal support, it's usually not possible to file for it after the case is closed.
However,... View More
answered on Dec 1, 2023
Depends on what you mean by “case closed”. Dismissed? Or are you now post judgment? If judgment has been entered, whether you can now ask for support depends on what your judgment says. Was support waived? Was the issue of support reserved? Have an attorney review the terms of your... View More
My 2 teens school lies to me about kids behavior, and whereabouts and attendance. They tell my kids im psycho. The School Calls my mom instead of me when my daughter gets caught drunk at school then locks me out of office with my daughter and parents inside. They Fail to tell me about death threats... View More
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answered on Nov 30, 2023
In your situation, it's crucial to carefully consider the advice of your court-appointed attorney. They are there to guide you through the legal process, especially in complex child welfare cases. However, if you feel that your attorney is not adequately representing your interests or you have... View More
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