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California Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband and I have been married for 21 years. We have three children-19, 16, and 13-she has special needs.

Sorry. I guess this is the e wrong place for a question like this.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 14, 2021

These are the kinds of questions and the kind of advice you should seek directly from an attorney rather than using this type of forum to get your answers. You would be best served by retaining legal counsel to handle your divorce case for you and/or on your behalf. You’ll get better and more... Read more »

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Domestic Violence for California on
Q: i am being sued by my ex but hes lying and i have evidence to show... What can i do i cant afford a lawyer

my ex was arrested 3 times for domestic abuse against me and he is a chronic alcoholic and is very obssessed with me... He lied to the poice and had me falsley arrested and then filed a civil lawsuit with a whole bunch of lies claiming to be the victim. But i have plenty of evidence to show he is... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 8, 2021

if you can get him to agree to a binding mediation without lawyers consider:

Rich Gordon , mediations only w/o lawyers; 619 867 0904

zoom......and then they talk to their lawyers.

Lake Mirage CC

Rich Gordon

A FAIR WAY MEDIATION CENTER

760-227-5090

619-272-7001 (fax)

www.afairway.com

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: Can an ex bully you out of asking for child support?

In abusive relationship for 20 years. Was primary care giver. left w/daughter in 2018. Filed 4 CS through state. He found out & threaten to “end me.”

had hard time finding housing, hadn’t worked in 17 years. Daughter w/me 90%. November 2019, found housing. Lived there for 13... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 3, 2021

ONLY IF YOU LET HIM.

HOWEVER, IT IS MORE DIFFICULT TO PRESENT YOUR CASE IF YOU DON'T HAVE A GOOD FAMILY LAW ATTORNEY.

ORGANIZE ALL THE FACTS SO THAT A LAWYER WILL SEE YOU ARE ORGANIZED AND MAY NOT BE AS TIME INTENSIVE A CLIENT AND EITHER HANDLE PRO BONO OR AT REDUCED RATE...........

1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get a modification of my current custody order?

I need a pro bono lawyer to help me with it . I don't have the funds to have a real lawyer.

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 8, 2020

To get a court order modified you could either get the other party to stipulate and prepared and file a stipulation and order, or you will need to file a motion; a Request for Order with the court. (court form FL300)

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: Ok to transfer car title while being under a RFO ?

Spouse filed RO on me when I finally left a toxic marriage after 18 years. Move out order. Took all checking , cancelled my credit card, so Im homeless and jobless. He is trying to have me turn in form to have car transferred from his name to mine . I thought I was to not transfer, change, cancel... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 8, 2020

more info needed.

you need to see a local lawyer asap to present all the facts to get a correct answer.

1 Answer | Asked in Family Law and Child Custody for California on
Q: what rights do i have as the biological grand parent?
Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 7, 2020

Your question is not clear. What's the context? Rights regarding what? Grandparents can petition the court for visitation rights -- if that's what you are asking. Whether that petition is granted depends on the circumstances of your particular situation.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hello so my ex has kept my daughter from me she has recently served the wrong person which is my father and now has

Full custody . Because those paperwork’s were never served to me what can I do . She has kept my daughter from me lied saying I never reached out or bothered showing up on my pick up dates . What can I do to get my visitation back ?

Maurice Mandel II
Maurice Mandel II answered on Dec 4, 2020

Hire a family rights and child custody attorney to assist you. This cannot be solved on a public forum.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law for California on
Q: How/where to move to vacate a restraining order issued 2 years ago out of my knowledge when case is not active anymore?

I just learned of the existence of a restraining order issued against me by the family court 2 years ago. Needless to say it was obtained out of my knowledge and by fraud on the court. I intend to move asap to vacate and to seek sanctions against the fraudulent petitioner, but the case is not... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

There may not be any activity in the case since the TRO was issued, but that fact does not make the case "inactive" for purposes of having the court review the TRO to determine whether there are sufficient legal grounds to set it aside. As such, you use the case number and exact same... Read more »

1 Answer | Asked in Family Law for California on
Q: If the biological father of my daughter hasn’t been in her life at all and has only reached out once through email

.

Martha Bronson
Martha Bronson answered on Nov 29, 2020

A lot more information is needed to be able to adequately answer your question. I would recommend that you consult with an experienced attorney who can guide you in this most delicate situation. Best of Luck.

1 Answer | Asked in Divorce and Family Law for California on
Q: My estranged husband moved back just as i was moving away, and says i can't move now.

My daughter and I live in California, but can no longer afford it. I haven't been able to pay rent, and need a place to live now. My husband left over a year ago to New York, sending pennies for child support, telling me not to file for divorce so he could still get his citizenship. Now... Read more »

Martha Bronson
Martha Bronson answered on Nov 29, 2020

If he abandoned you to go live in New York over the past year, and has no relationship with your daughter while you and your daughter have bonded, there is not much chance that the court in California is going to give him custody of your child. The court that is located in the "home... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: If I am still married and no divorce has been filed can I move out of state with my daughter? He moved out 9 months ago

He has had her once over night in the last 9 months, no divorce has been filed and there is no custody agreement and he does not see her. He FaceTimes occasionally but not often. I want to move from California to Nevada but am unsure if I can do so.

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You are not tied to California like a tetherball is tied to a pole. Does the father object? Does he want a divorce? have you tried working with the father to agree on a custody/visitation arrangement? Is there some reason you would not want to make custody/visitations arrangements before you... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: Found daughter birth certificate 23yrs later.I'm not on it.

Found daughter birth certificate 23 yrs later. I'm not on it. Separated from mother 23 yrs ago unsure she was mine. Why was I ordered to pay support

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Is anyone named as the father on the birth certificate? The fact that you are not named as the father on the birth certificate does not mean that you are not the biological father. I would suggest that you go to the county where the support order issued and have the court filed pulled and... Read more »

1 Answer | Asked in Family Law for California on
Q: can I email my reply declaration today then file it Monday. My mediation & trial conference Dec 7

Just yesterday I received opposite reply declaration can I email my reply first then file it on Monday as my custody trial conference is on Dec 7

Martha Bronson
Martha Bronson answered on Nov 28, 2020

You should e-file or file in person, but not both.

2 Answers | Asked in Divorce and Family Law for California on
Q: My ex-husband change his work . And he is not paying spousal support payments . How I can find out where he is working?

I am temporarily disable. And my spousal support for life terms .

Martha Bronson
Martha Bronson answered on Nov 28, 2020

Do you know where he lives? When did he stop paying? If it has been several months since he has paid support, then you may want to have a contempt citation issued against him for failing to the court ordered support. You will need to know where he is because you must personally serve him with... Read more »

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3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: How can I get my daughter back?

I have joint custody and during COVID (my job and family were being exposed) we agreed it would be safe for our daughter to stay with her mom. Now that my job and family has been better, I wanted to go back to normal schedule but the mom does not want to give her back and said that she kept her... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Nov 19, 2020

If a reasonable phone call and letter does not do the trick then you have to hire a lawyer to submit a contempt order, if you have previously been granted joint custody. best of luck.

1 Answer | Asked in Family Law for California on
Q: My sister in law started verbally abusing my wife and daughter.I stood up and defended them. Is that illegal?

The sister 9m law was cleaning our stove. She then turned around and verbally and started attacking my daughter and wife about the cleanliness of the house. She then proceeded to start calling them lazy xxx getting louder and louder. I had heard enough. I stood up and defended them. She kept going.... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

So you got the local police to act as pest control and remove the shrew from your house, good, that is probably the best thing you could do. Even though you give someone permission to be at your house, you can revoke that permission and they become a trespasser, if you have good cause, and it... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for California on
Q: Had a DV Restraining Order against me for 3 years, it ended about a year ago. Now that it's over. Can I buy guns again?

During this time I had a domestic violence RO against me I knew I couldn't buy or have any guns, my question is, now that my RO is over, will I be able to buy weapons or will it affect me still in any way?

Dale S. Gribow
Dale S. Gribow answered on Nov 11, 2020

MORE INFO NEEDED.

THE BEST PERSON TO ASK THAT QUESTION OF IS THE LAWYER WHO REPRESENTED YOU ON THE MATTER.

S/HE WILL KNOW THE JUDGES ORDERS.

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