Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: How can you protect sensitive information on settlement agreements?
Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 12, 2021

Depends on what you are talking about. If you don't the "sensitive information" in the settlement agreement, then don't include it. For example, when I draft judgments, if a bank account is being divided or turned over to the other party, I only include the last 4 digits of... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: Stocks that are purchased jointly during marriage but have only partially vested as the company has yet to go IPO?

We purchases jointly some stocks. They were for my husbands company that has yet to go public. We still cannot exercise the stocks as of our separation date because the company has not gone public yet. But we still own the stocks that were purchased "together". He is claiming I... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on Apr 8, 2021

Assets purchased from your joint account during your marriage are community property; therefore, each of you have a 1/2 interest. You should seek legal counsel in order to ensure that you pursue all of your legal rights.

2 Answers | Asked in Family Law for California on
Q: My question is regarding the due process in CA: a 5 or 30 days notice before the conservatorship hearing? Thank you
Jackie Marie Howard
Jackie Marie Howard answered on Apr 7, 2021

Petition for Appointment of Temporary Conservator requires 5 days. Petitioner for Appointment of Conservator requires 15 days (30 days to Regional Center).

View More Answers

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can a domestic violence case thats been dismissed along with dropped charges be reopen? I never went to testify.

This happen in the state of Oklahoma. I didn't go to testify and so the case was close and dismissed. The case was close in

November 5,2020. I didn't want to press any charges at the time.

Dale S. Gribow
Dale S. Gribow answered on Apr 6, 2021

you need to ask for a consultation with an Oklahoma Lawyer.

if case is dismissed it is over..............but it just may not have been prosecuted for some reason

1 Answer | Asked in Divorce and Family Law for California on
Q: Want to modify my support payments to ex when I retire. She got house, I got 401k

Marriage was for 22 years, been divorced since 2009 (12 years). Resident of California at time of divorce, moved out of state since. In divorce wife was awarded the family home and spousal support. I was awarded my 401k retirement. I wish to retire in a year when I turn 65. My plan is to live off... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 28, 2021

Assuming your case was vented here in California, if your retirement impacts your monthly income available for support, you should file a Request for Order re modification of support based on that change in circumstances. In terms of your 401k distributions, income is income for purposes of the... Read more »

1 Answer | Asked in Family Law for California on
Q: Can I drop both my middle name and last name after marriage

I have 2 last name my moms maiden name as my middle name and my dads last name as my surname I’m wondering if I can drop them both

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

This would require an application for a name change. You don't get to do this legally just by marriage, actually, you now have 4 names. IMO the current trend is to keep your birth name b/c you get a passport or CDL issued in it and can prove your ID by a birth certificate. Then those... Read more »

1 Answer | Asked in Family Law for California on
Q: My friend has a DVRO against her. Can it be temporarily waived so she can respond to a dissolution of marriage?

After a minor altercation, my friend’s husband filed a DVRO temporary restraining order against her. She ignored it and now there’s a 3-yr DVRO against her. Now her husband has filed for dissolution of marriage. She wants to pursue mediation. Can the DVRO be waived just for the duration of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Your friend needs to deal with her own legal problems and not rely on you to post important legal questions on a public website. Friend needs to hire a family law attorney to assist her. Many are available in your area at a variety of rates. Friend needs to research this and not represent... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Criminal Law for California on
Q: I told my therapist about my step daughter being sexually abused by her borther, I know there is confientiality, for me?
Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You should speak with a local Criminal Law attorney. Do not post any more on a public website. As the step parent, if you are aware of sexual abuse, you could be exposed to a number of kinds of problems, unless you take actions to stop the abuse, which may include reporting the brother to the... Read more »

1 Answer | Asked in Family Law for California on
Q: my last name on Birth Certificate and last name i was raised under dont match, how wouldi legally prove im me?

my mom moved in with my step dad when i was 4 i think when i started kindergarden she just changed my last name to his. This was 1960 and nothing was really needed to register a child in school. i cannot get real ID without legal proof of name change because there isnt anything documenting it!!

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

1. Get real ID in your legal name, or; 2. File for a change of name then change Real ID, or; consult with a local attorney handling Name Change applications or Family law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I was not present at the permanent hearing does the court still have to give me notice temporary judge is going to rule

My stepmother listed my address as hers and was granted a move out order for me she does not live with me. She put my fathers address where I live maliciously to sabotage me taking care of my father who is very ill and she moved out.prior to seeking restraining order

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

NO.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I was not present at the permanent hearing does the court still have to give me notice temporary judge is going to rule

My stepmother listed my address as hers and was granted a move out order for me she does not live with me. She put my fathers address where I live maliciously to sabotage me taking care of my father who is very ill and she moved out.prior to seeking restraining order

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

NO.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: Can you modify a permanent restraining order

Protected party does not live at the address the move out order was issued

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Yes, by Court Order.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: If 2 people are Co - Trustees & POA. If one person oversteps their Fiduciary duty to change Beneficiaries on an annuity?

The Trustor is still alive but incapacitated. Is that illegal?

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possibly. And it could even possibly be Criminal Elder Financial abuse. You should consult with a local attorney in Conservatorships/probate/elder law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Elder Law, Health Care Law and Libel & Slander for California on
Q: WHAT RIGHTS DO I HAVE AS MY MOTHERS CARE PROVIDER FOR 10YRS SHE WASNT RETURNED AFTER VISIT W SISTER IN7/20 .

MY SISTER TOOK MOM IN JUN 2020 FOR A VISIT AND NEVER RETURNED HER NOW MY FAMILY WILL NOT LET ME SEE ARE SPEAK TO MY MOTHER SHE LIVES WITH ME FOR TEN YEARS AND I HAVE POWER OVER HER , SHE IS NOW IN A HOSPITAL IN MODESTO AND IVE BEEN THERE 3X AND THEY SAY I NEED TO SPEAK TO MY BROTHER WHOM I DO NOT... Read more »

Maurice Mandel II
Maurice Mandel II answered on Mar 18, 2021

You need to speak to a local attorney handling Conservatorships and/or Elder abuse law.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Divorce, Family Law, Immigration Law and Domestic Violence for California on
Q: What can I do in domestic abuse, they kicked me out of my house and I'm in the process of getting documents?

Abuse of economic power, he uses drugs, offenses, and I ran from home knowing that I cannot get a job nor do I have a family to support me here

Dale S. Gribow
Dale S. Gribow answered on Mar 16, 2021

CONTACT A LOCAL FAMILY LAW ATTORNEY ASAP WITH ALL THE INFO WRITTEN OUT IF POSSIBLE.

THERE MAY BE CIVIL AND CRIMINAL REMEDIES AT YOUR DISPOSAL DEPENDING ON THE FACTS THAT PLAY OUT.

1 Answer | Asked in Civil Rights and Family Law for California on
Q: Can I get the guardianship of my daughter voided because it doesn't confirm with Code of Civil Procedure section 415.30?

I was never notified about a petition filed for guardianship of my than 12 year old daughter. The grandparents weren't notified either, even though their address is listed on the filed petition.

Louis George Fazzi
Louis George Fazzi answered on Mar 14, 2021

Much more information is needed to competently answer your question. You need to talk to a lawyer who handles guardianship matters. Make sure you have all your documents copied, and prepare a chronology of events starting from the beginning. That should help you organize your thinking so you can... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: My ex collects cs from me..she doesnt need it. She makes more than me now. We also have joint custody. How can I lowerc
Anie N. Akbarian
Anie N. Akbarian answered on Mar 14, 2021

Under the Family Code, child support is determined based on the parents' income, percentage of time with each parent and certain deductions which are allowed in calculating the amount of child support. If you have a previous child support order and there are change of income and/or custodial... Read more »

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: My X wife opened a Domestic Violence case on me. The judge has found that we are both guilty. What will the judge do ?

The judge of our ongoing case advised that we are protected under the 5th amendment, not just me both my x and myself. He stated we were both guilty of threatening each other, me of burning the apartment down in the video and her threatening to kill me. Will the restraining order get granted? She... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 9, 2021

more info needed.

However, if it is an ongoing case then you both have lawyers, either private or court-appointed. They will be familiar with the court, judge, and DA assigned. They will also have the police report and prior record. That is the person you should ask not a random lawyer who...
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.