Get free answers to your Family Law legal questions from lawyers in your area.
I have little to no money. I do not receive much social security. $400 month. My name is on our property along with his but that is all. Our property is paid off and we have no debt. My husband collects money from the V.A. Monthly plus extra because we are married. He recently had our Federal taxes... View More 
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answered on Jul 20, 2024
Under California law, you are entitled to a fair share of the marital assets, even if they are in your husband's name. Community property laws dictate that assets acquired during the marriage are generally considered joint property, meaning you have rights to a portion of them. This includes... View More
My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?
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answered on Jul 20, 2024
Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More
Can they make me move out immediately if I have already paid the rent?
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answered on Jul 20, 2024
Under California law, if a judge orders the house you rent to be sold after a divorce, you do not have to move out immediately, even if you have already paid the rent. As a tenant, you have rights that protect you from sudden eviction.
The new owner of the property must honor your existing... View More
I heard comments from the community.
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answered on Jul 20, 2024
Finding out if your domestic partner of 13+ years is working undercover can be a delicate matter. You might consider discussing your concerns directly with your partner, as open communication can often resolve uncertainties. If your partner is indeed working undercover, they may be limited in what... View More
Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the... View More
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answered on Jul 19, 2024
Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to... View More
I'm in middle of divorce. Mediation fell through. My spouse has an attorney now advising her but not officially representing with substitution of attorney with the courts. I am not represented. The attorney representing her proposed moving the funds from the sale of our family home from escrow... View More
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answered on Jul 19, 2024
Under California law, the proposal to move the funds from the sale of your family home into a "client trust account" managed by your spouse's attorney raises concerns about impartiality and security. Client trust accounts are typically used to hold funds on behalf of a client, and... View More
person discovered why the protected person actually filed the TRO. The discovery is that the protected person realized they would be in hot water if they did not have an excuse for not showing up to work on time or at all the particular day they filed and went ahead and called into work claiming... View More
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answered on Jul 19, 2024
Under California law, you can potentially gather information from the employer of the person who filed the TRO to understand if they called in with claims related to domestic violence. One way to do this is through a subpoena, which is a legal document that can compel the employer to provide... View More
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as... View More
answered on Jul 12, 2024
You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
Our separation date on form is March 2024
answered on Jul 8, 2024
Unfortunately, it is impossible to provide you any guidance. You have determine your separation date was in March and you will be filing for divorce next week. That's not much to go on. You both have an obligation to protect your property and disclose its whereabouts until everything is final.... View More
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answered on Jul 3, 2024
Rule 65 typically refers to a federal rule of civil procedure related to injunctions and restraining orders. However, in the context of divorce in California, there isn't a specific "Rule 65" that's commonly referenced.
In California divorce proceedings, there are some... View More
My son was in an altercation at school with a student that was calling my son racial slurs. My son lost his temper and him and the boy got into a fight. The boy family is taking the school and me and family to court claiming my son attacked the boy. The boy continued to call my son racial slurs... View More
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answered on Jul 2, 2024
Based on the situation you've described, here are some steps you might consider taking:
1. Seek legal representation: It's crucial to find an attorney who specializes in both family law and civil litigation, preferably with experience in cases involving minors and school-related... View More
Family member, people from church and sexual contact with acquaintances, employer, ad infinitum
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answered on Jul 2, 2024
I understand you're asking about extending divorce proceedings related to emotional distress and adultery in California. This is a sensitive situation, so I'll provide some general information:
In California, divorce proceedings can potentially be extended if there are... View More
He pays 150 a week and has proof of paying but mom won't let him see her now that he has a new relationship
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answered on Jul 2, 2024
In California, child support and visitation rights are separate issues. Even if your son is paying child support, the mother cannot legally withhold visitation unless there's a court order permitting it. Your son has the right to see his child according to the agreed-upon custody arrangement,... View More
I was deposed in this case in 2017 over finances. Now I have been served with documents of production of text messages and questions regarding people I have talked to
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answered on Jul 1, 2024
In family law cases in California, it is possible to be deposed more than once. However, there are some limitations and considerations:
1. Multiple depositions: California Code of Civil Procedure (CCP) § 2025.610 allows for a person to be deposed more than once in the same action, but with... View More
Stop working her own business once I got an attorney accuse me of breaking the window on her truck claims that i quit my job to not pay child support and she only accepts deposits debt the rest cash only I can’t proof her income what can I do?
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answered on Jul 1, 2024
I understand you're dealing with a complex and difficult situation involving your ex-wife, children, and various legal issues. Let me break down the key points and offer some general guidance:
1. Verbal abuse: If your ex-wife is verbally abusing you and your children, document these... View More
My daughter ran away, but upon returning home the following day my son's ex manipulates her by saying she was not allowed to come back home. She tells my child if someone sees her cps and police will be called to take her away. The ex girlfriend then relocates her to another location,... View More
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answered on Jul 1, 2024
1. Document everything: Compile all evidence, including witness statements, timelines, and any communication with the ex-girlfriend. This documentation will be crucial for any future legal action.
2. Escalate within the police department: Request to speak with a supervisor or the chief of... View More
Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?
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answered on Jun 30, 2024
Based on the situation you've described, here's what you should consider:
1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended... View More
I am unmarried mother the fathers name is on the birth certificate however there is no custody order and I have taken care of my child from the start. I pay the bills I handle school and I handle all appoinments no one knows of the father in this regard. However he needed a place to stay and he... View More
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answered on Jun 30, 2024
Based on the information provided, here's an analysis of the situation and some key points to consider:
1. Legal custody status:
Without a formal custody order, as an unmarried mother in California, you likely have presumptive full custody of your child. However, since the... View More
Can i request that a person be appointed to represent the children's best interests?
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answered on Jun 30, 2024
To answer your questions:
1. Public Defender for child custody cases:
In general, you are not automatically entitled to a public defender in a child custody case, as these are typically civil matters, not criminal ones. Public defenders are usually appointed for criminal cases where... View More
For letting teen live in unlicense homes, cps dont even know who, teen lives with or where teen is living at, if something happens to this teen while teen is still under cps and is still a minor, can the parent sue cps if harm comes to this child while they are out therr in the streets without... View More
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answered on Jun 30, 2024
I understand you're asking about a complex legal situation involving Child Protective Services (CPS), custody of a teen, and potential liability. Let me break this down:
1. CPS custody: If CPS has legal custody of a teen, they generally have a duty of care towards that minor.... View More
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