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California Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: I was incarcerated and had a child during that time and gave temporary guardianship to my mother. She went to court and

Got guardianship for my son, she will not let me see him and I need help on figuring out how to get him back please help me. She even went as far as to call my parole officer and tell him to put a restraining order on me as a part of my parole stipulations and my PO lied to me and said that it was... Read more »

Shawna Murray
Shawna Murray answered on Oct 24, 2020

To end your mother's guardianship of your son, you will need to demonstrate to the judge that it is in your child's best interest to end the guardianship. First, you will need to file a Petition to Terminate Guardianship in the court where the guardianship was granted. You can use the... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: A party provided false statements in a declaration in connection to a motion, what objections can I use?

A party provided false and misleading statements in connection to an anti-slapp motion. I intend to file objections certain parts of the declaration that are false and can prove it. What objection can I use under Evidence Code or any other codes?

Shawna Murray
Shawna Murray answered on Oct 24, 2020

You can object to each individual statement in numerous different ways. I highly recommend that you consult with an attorney to help you present the best responses.

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: is there anything i can do if i want to move out of my parents house ?

i am 17, will be 18 in six months , and i want to move out now , i have a stable place to live once i move out but my parents aren’t letting me . is there a way to move out anyways ? if not what are the consequences if i do it ? will the person i move with be charged as well ?

Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

You could file proceedings to become an "emancipated minor" which will probably drag on until after you reach 18.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for California on
Q: Mom lied about court order and sever child abuse in CA

I had custody of children, mom was on supervised visits. 11/13/19 I could not attend court, judge granted mom alternate weekends. Minute order was typed wrong and mom took advantage and took the children. Children have suffered sever emotional abuse and false imprisonment. I just got the transcript... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 21, 2020

MUCH MORE INFO WOULD BE NEEDED.

WHY DID YOU WAIT ALMOST A YEAR TO ADDRESS THIS?

I AM NOT A FAMILY LAW ATTORNEY. HOWEVER, FROM A CRIMINAL STANDPOINT A LAWYER WOULD WANT TO ORDER A COPY OF THE PROCEEDINGS LAST YEAR.

IF THERE WAS AN ERROR WHY WASN'T RECTIFIED SOONER? COVID?

2 Answers | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for California on
Q: My soon to be ex left the state with the kids. She left me in a house we cannot afford in California. I also want to go.

Soon to be ex left with kids to AZ. She left me with a house in California we cannot afford. I need it gone before foreclosure. How can I get her to make the payments for a few months? She lives with her parents and teaches. She REFUSES to sign realtor contract just to be mean. I feel helpless.... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Oct 21, 2020

I have helped hundreds of people in similar situations. There are multiple options but more information is needed. You can call me or another attorney with such experience.

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Could my gf get full custody from the biological dad who is legally married, double her age, and have children?

My gf wants to get away from the biological father because he yells at her. The child gets dropped off to the dad, but only the biological dad's wife takes care of the child only. My gf only have the child be dropped off and does not want to get any child support from the biological dad. The... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Oct 20, 2020

If she wants "full custody" she'll need to ask for it. i.e. she'll need to start a parentage (aka paternity) action and ask for custody orders as a part of that action. Financial support is for the child; not for the parent. Mom cannot waive child support. You have not... Read more »

3 Answers | Asked in Bankruptcy, Family Law and Foreclosure for California on
Q: Divorce/Foreclosure

My soon to be ex left me with the house in California. I cannot afford it and she won’t sell. Cannot afford to get atty involved as there is no gain. Should I just go through foreclosure?

Harlene Miller
Harlene Miller answered on Oct 19, 2020

Is a divorce pending? Will you be entering into some type of property division agreement? If so, and she releases her interest in the property, you may want to consider selling the property. If there is no equity in the property (is that what you mean by "there is no gain"?) - a short... Read more »

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1 Answer | Asked in Family Law and Foreclosure for California on
Q: How can I get rid of my house in California if my ex won't cooperate? Its in both our names and she moved out. Help!
Maurice Mandel II
Maurice Mandel II answered on Oct 19, 2020

If your ex does not want to cooperate, there will be a long and VERY EXPENSIVE court proceeding called a Partition, where the Court can order the house to be sold, and proceeds divided. You need to contact her and explain that any cost for this is going to come out of the sale proceeds and is... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: Is there anybody who can help me. I'm a survivor of Domestic Violence and my abuser has gotten a restraining order

against me and I have not seen my 4yo in almost 2 years. my Judge is allowing him to continue harming me and my children. Nobody will help me and I cannot afford a lawyer.

Dale S. Gribow
Dale S. Gribow answered on Oct 19, 2020

MORE INFO NEEDED.

TRY TO CONTACT A LOCAL LEGAL AID IN YOUR COMMUNITY.

BEFORE YOU DO WRITE OUT ALL THE FACTS AS THEY WILL IN ALL LIKELIHOOD NOT HAVE A LOT OF TIME FOR EACH CLIENT.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: Will it look bad on my BF he won't take the kids to his ex on halloween instead having a party at home?

BF Joe and ex have 5050 legal/physical custody order. Bi weekly. They go to trial to finalize the divorce soon. Been trying slowly to separate activities with the kids to not include his ex. The problem is the ex INSISTS-DEMANDS he come to her house for Christmas etc "for the good of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 16, 2020

Joe should be asking his own questions. He should retain an attorney and file for orders clarifying the custody situation if this is not working for him.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Domestic Violence for California on
Q: I'd like to know the chances of full custody and no visitation for him

I have temp 100% custody and he has zero visitation- trial is coming. Our couples therapist will testify that he admitting to hitting the kids with belts and that he automatically just goes to the belt and he has a hard time stopping himself, he also demonstrated verbal abuse to me and admitted to... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 16, 2020

Your chances of full custody are great. As to visitation, he will be allowed only supervised visitation Best of luck.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How is back child support calculated? And how is the start date determined?

Married 8 years with 2 kids 11 and 7

Separated for the last 3 years.

We have a written mutually set amount of 1700/ month for Child support. Aug2017-oct2019 (letter, emails and bank statements as reference)

October of 2019 communication between us turned. child support... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Oct 15, 2020

Sometimes MSA's for child support work and sometimes it has serious consequences. In the case of retroactive child support, the courts look at date of separation and often to the date of request for orders. Your retroactivity, I have found to my chagrin begins from the date of request for... Read more »

1 Answer | Asked in Family Law for California on
Q: Hi my question is in family court or criminal court is every thing that takes place or said at the hearing documented.

I asked because at my family court hearing a family member was remove by the judge he put a holt to the proceedings and told the cop/ security to remove the father if my ex due to his behavior.and after he was removed the hearing resumed!

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

It depends on the practices of your individual Superior Court, which are run County by County. There may be a court reporter taking it all down, or it may be video taped, or recorded otherwise. Today some courts are open on Zoom (courts are open to the public but now the public cannot enter the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Would it be better to file here or there?

I am living with the father of my 2 younger kids (3y and 5m) and he just broke off our engagement. I am moving back to Texas with all 3 of my kids.

I want to make sure that I have primary custody. I don't mind if my kids have visitation with him in CA but I want it to be under my... Read more »

Sandra I. Salinas
Sandra I. Salinas answered on Oct 13, 2020

Jurisdiction (the court's authority) regarding custody is based on where the kids have been physically present for the 6 months immediately preceding filing a custody action. If the children have been living here for at least 6 months and then you file in Texas, then most likely CA will still... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can I request the court to talk to my 5 year old child?

My ex is making up false stories and claiming our daughter has told her i said things like I'm gonna kill my ex. These are completely false. How can I get the court to have someone talk to my daughter? Can I file a request for order asking court to appoint an attorney for our child?

Sandra I. Salinas
Sandra I. Salinas answered on Oct 13, 2020

If you are currently involved in a court custody proceeding, you can ask the court to appoint minor's counsel for your child and then your child can discuss with that attorney what he or she has observed. The minor's counsel is another attorney in the case who can investigate, discuss... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for California on
Q: Can I pursue child support from a divorce in 1963? Our Divorce was done in Taylor county Abilene, Texas

Father never paid and I no longer have my divorce papers to see what was ordered. I have tried various public searches and still I'm unable to locate even the case #

Shawna Murray
Shawna Murray answered on Oct 11, 2020

You would need to seek the advice of an attorney in Texas, where the case was filed, for your answer.

1 Answer | Asked in Divorce and Family Law for California on
Q: Can my spouse file for divorce in another state after I already served her with my petition? Is her petition valid?

I filed for divorce on 9/23/2020 in California (LA County). She was served on 9/28/2020 in her home state of Nevada (Clark County). Instead of responding to my petition, on 10/04/2020, she filed her own separate divorce case in Nevada, and served me today on 10/7/2020. The time limit to respond for... Read more »

Maurice Mandel II
Maurice Mandel II answered on Oct 8, 2020

You need to contact some attorneys in Nevada that specialize in divorce. Phillip Spradling is an attorney in Las Vegas who handles dissolution, look him up on internet, I don't have a number.

Justia Disclaimers below, incorporated herein.

1 Answer | Asked in Family Law for California on
Q: Does a woman have access to financial benefits if there is no claimed paternity of child?

My friends girlfriend recently gave birth to their son alone and told him he could not be there for the sole purpose of collecting some kind of financial benefits now that she has a child who no one has claimed the paternity of.

Shawna Murray
Shawna Murray answered on Oct 7, 2020

Either parent can contact the local Department of Child Support services and open case to get child support for the baby. This can be done whether or not the father was at the birth or is on the birth certificate. The father should request a paternity test if and when the mother does opens a case.... Read more »

1 Answer | Asked in Family Law for California on
Q: What can I do about paternal grandmother Buying minor son tobacco multiple times?
Maurice Mandel II
Maurice Mandel II answered on Oct 5, 2020

Tell her if she doesn't stop you will report this crime to the police and have them take action. If I recall correctly it could be a $1000 fine for each occurrence. Call your local PD dispatch line and ask them which code section it is and what the fine is. Also suggest you find some uTube... Read more »

1 Answer | Asked in Family Law for California on
Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?

Hi

I have full legal sole and physical custody of my child (hes 12)

I was awarded full legal sole and physical custody

CPS took him off his mother and gave him to me because shes an alcoholic

I currently live in the SF bay area

I just got approved to move... Read more »

Shawna Murray
Shawna Murray answered on Oct 4, 2020

If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »

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