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California Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for California on
Q: My x husband had are 2 daughters removed from him do to his house was raised for drugs. Ntf team called cps & they

Removed r girls from him. Cps never contact me & took r girls to Foster care. Now they don't at all want me to get r girls & now rgirls they gave to him. My question is. What would happen if I just went & took my girls from him. Can I get in trouble.

Dale S. Gribow
Dale S. Gribow answered on Dec 14, 2019

more info needed.

is there a court order that you would violate?

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for California on
Q: Yes I'd like to know my rights I have been living in my house for about a year-and-a-half with my cousin

He just passed away and his stepdaughter come in 2 hours after he passed away with two of her friends threatening me and telling me that I had to move out right then to get my stuff and move out I called the police the police told him that they could stay in the house with me and I had to stay in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 14, 2019

If it is your house (title is in your name) and there are no co-owners then nobody can kick you out or move in without your consent. Find a landlord-tenant eviction attorney ASAP to help you kick them out. (You should have never let them in.)

If it is not your house then repost your...
Read more »

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have been the sole provider for child an husband keeps kid over summer an files divorce an wont let me have her back

He won’t let me see or hear from her an he filed for full custody we live in separate states

Mike Darlington
Mike Darlington answered on Dec 13, 2019

Even though your question is really short, it invokes so many different issues that you need to immediately sit down with an attorney and lay out the facts. At initial glance this is going to be a UCCJEA matter. The UCCJEA is a federal law that the courts use to decide jurisdiction between... Read more »

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1 Answer | Asked in Family Law for California on
Q: Do I have any rights?

My sons mother left us two years ago, she left him with me willingly and has not seeked custody or tried to implement much effort in seeing him she sees him from Saturday to Sunday every other weekend. Does this give me any rights or does she alone have custody even though she left him and has not... Read more »

Mike Darlington
Mike Darlington answered on Dec 12, 2019

There is some information missing from your question that could be quite important. The first being, are you on the birth certificate? If you were at the hospital when the child was born and completed a Voluntary Declaration of Paternity, there is a good chance you are. That being the case you... Read more »

1 Answer | Asked in Family Law for California on
Q: Hello! I'm in Los Angeles, and I'd like to know my options for removing a Family Law Judge from my case.

Hello! I'm in Los Angeles, and I'd like to know my options for removing a Family Law Judge from my case. The Judge has consistently shown prejudice and makes orders that abuse the court's power. I can document all allegations and prove with evidence using the Judge's contradictory ruling that shows... Read more »

Mike Darlington
Mike Darlington answered on Dec 12, 2019

If the Judge you wished to recuse had never made a judicial decision in your case you could have filed what is called a 170.6 affidavit and they would be recused from hearing your case. You are allowed to do that for one judge without stating anything more than you believe he would be prejudiced... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: I need to file FL 305 per the judge request but have not seen my daughter over a year ago, what happens next?

I have not seen my daughter since a year ago when her mother took her away from me, my daughter is afraid of me now and the judge is aware that her mother had been coaching her and put her against me. Since my daughter doesn't want to see me how can I get her back. Is it instant after I file or do... Read more »

Mike Darlington
Mike Darlington answered on Dec 12, 2019

An FL-305 is the form for emergency orders granted by the court. They are normally filed with the FL-300 where you are making application for an emergency orders. Each court has their own rules for obtaining emergency orders and you should check where you live as to what they are. Depending on... Read more »

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1 Answer | Asked in Family Law for California on
Q: My ex-husband is smoking cigarettes in the car with my nine-year-old son...what can I do?

My son was on a visit with the other parent and he came home reeking like cigarettes. I asked him why he smelled like smoke and he said the (other parent and girlfriend) were smoking cigarettes in the car with him. He also has told me in the past that they vape in the car also...Isn't it illegal to... Read more »

Mike Darlington
Mike Darlington answered on Dec 11, 2019

You probably need to file a Request for Orders asking that the father be ordered not to let anyone, himself included, to smoke or vape in his presence or in the home in which he lives, or the vehicles used for his transportation. You will have to go court in San Bernardino where the case is... Read more »

1 Answer | Asked in Family Law for California on
Q: I want to know what rights i have to my daughter who lives with her father.

My 3 youngest children have lived with their father their entire life (including before we seperated) when we split up 10 years ago they went to live with him and his new girlfriend (whom 10 years later are still together). My youngest 2 children are biologically his children however the oldest of... Read more »

Mike Darlington
Mike Darlington answered on Dec 11, 2019

There are so many variables at play her that you really need to sit down face-to-face with a Family Law professional. This is not a discussion to hold by email as the answers to each of your questions engender more questions. So it is going to be very much of a back and forth conversation. There... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: My girlfriend and her ex never got married, but had a son. I want her to come live with me in CA. How should we proceed?

We've been in a serious relationship for a little over a year. I'm in the Navy, currently stationed in California, but she and her son still live in Iowa. Our ultimate goal is to be together after her job contract ends in April 2020.

She split up with her ex over 3 years ago. After finding... Read more »

Mike Darlington
Mike Darlington answered on Dec 9, 2019

Even though you are a resident of California, there is nothing the California courts can do for you at this time.

Both your girlfriend and the child live in Iowa and are residents of that state so this would fall under their jurisdiction. Unfortunately, I cannot give you any advise as I am...
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1 Answer | Asked in Family Law for California on
Q: Can my husband file for joint custody of his daughter even if the mother doesn't agree?

My husband has a daughter who is 3 years old. He and his ex have not been together since she was 1 years old. They have no court ordered custody agreement for her, but he does pay child support. His ex will not let her come visit our home, he isnt even "allowed", per the ex, to take her out of the... Read more »

Mike Darlington
Mike Darlington answered on Dec 8, 2019

Your husband can, and should, file for joint legal and physical custody of the minor child. Since there is no custody order in place what mom is doing is not legal since absent a custody order dad has as much right to custodial time with the child as does mom.

That being said, there are a...
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1 Answer | Asked in Domestic Violence and Family Law for California on
Q: My wife was arrested for domestic violence against me. After her dad bailed her out, she filed a temp dvro against me

I need help from continuing to get victimized by my wife, who is now in seek and destroy mode post her DV arrest, is trying to take our son away from me and work with my ex-wife to try and get custody of my 3 daughters from ex wife taken away. We are both educated and have jobs. I'm prior military.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 4, 2019

more info is needed.

however , this is not a criminal DV RO but rather one related to marriage/family law.

I would make an appt with a lawyer in your area for guidance.

1 Answer | Asked in Family Law, Real Estate Law and Probate for California on
Q: i was to submit a motion for summary judgment but i was told to file a declaration of undisputed facts why?

I lost a default judgment to A SET ASIDE because of faulty proofs of service however I have a CHANCE TO WIN BASED ON THE MERITS OF THE CASE BUT THOUGHT TO FILE A MOTION FOR SUMMARY JUDGMENT BUT AM TOLD I HAVE TO FILE A DECLARATION OF UNDISPUTED FACTS WHY ?? I AM THE PLAINTIFF AND HOW DOES ALL... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 4, 2019

Review California Rules of Court, Rule 3.1350 - 3.1354, and Code of Civil Procedure 437c. A motion for summary judgment must include some type of evidence, which may be in the form of a declaration, that establishes for the court that there are no defenses available to the defendant and that you... Read more »

1 Answer | Asked in Family Law for California on
Q: Are my pension benefits community property or just the cash contributions made to my account (+ interest of course)

After I got married several contributions were made to my CalPERS account through payroll deductions which would have been community property income. Shortly thereafter I left government employment and moved out of California.

I left the funds in CalPERS. I did not work in a California... Read more »

Angeles Susi Carrion
Angeles Susi Carrion answered on Dec 4, 2019

Pension benefits, Calpers, 401k's etc. are typically divided based on the time rule. That is, the time beginning with date of marriage and ending on date of separation. Contributions made during the marriage plus growth are determined by the plan, once provided with the date of marriage/date of... Read more »

1 Answer | Asked in Family Law and Child Support for California on
Q: My sons daddy messages me tells me he needs to get a passport, but cant get one because he owes 200,000

Ask me to call child support and ask to get lower payment or waive...what legal can he do about his back payments

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 19, 2019

He can get on a payment plan and ask CSSD to reinstate his passport application rights. See https://cssd.lacounty.gov/reduce-my-debt/. While this is a link to Los Angeles County's program, CSSD is a statewide entity and likely has this same program (aka COAP) in county where Dad's child support... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I went through IVF with my girlfriend and she gave birth to our son(her embryo) i want to separate & want joint custody

what rights do I have to the child?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 19, 2019

How old is the baby now? Do you live with them? Have you held yourself out as this child's father since his birth? Are you the biological parent of this baby? Please feel free to contact me directly to answer these questions. tobie@twaxmanlegal.com

1 Answer | Asked in Civil Rights, Criminal Law, Family Law and Federal Crimes for California on
Q: A student just threatened to break my nose several times. What are my rights? Should I leave and go to HR or the police?

I am a 1-1 instructional aide for a high school boy with an IEP. He has a history of violence and aggression. Recently, He is out of control and has threatened to physically harm me more than once. His parents are aware and apologetic. They would like him moved to another school that specializes... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

this is not a legal question but rather a practical one.

i would contact administration and or police for assistance.

1 Answer | Asked in Family Law and Child Custody for California on
Q: for 4 years now my son currently lives with his dad because of work schedule and was moving from different places

I am now married and bought a house and flexible work schedule as of February 2018,i am Afraid my sons dad will not let my son live with me, he thinks I abandoned him when I see him every other weekend and provide for him too

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 13, 2019

Don’t leave it up to the Dad to decide whether you can see your child. File a request for order with the court and try to work something out with the Dad at the pre hearing mediation.

1 Answer | Asked in Family Law for California on
Q: I been served with interrogatories. I requested for production of documents do I still need to respond to the interroga
Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

Yes you have to respond to the interrogatories. The request for the production of documents, yours or the other parties', has no effect on your obligation to respond to the existing interrogatories. They are independent, but complimentary discovery sets.

1 Answer | Asked in Family Law for California on
Q: Can I get a family law specialist to represent me for just one hearing at a low fee for November 15th.

My budget is less than $1k

Karen S. Socher
Karen S. Socher answered on Nov 4, 2019

You would call around to different family law attorneys in your area and ask them if they will do that. You are wanting to hire them on a "limited scope" (just for this one hearing) and you want to pay them a flat fee. Most charge by the hour but you may get lucky. If you want a certified famliy... Read more »

1 Answer | Asked in Family Law, Bankruptcy and Divorce for California on
Q: I am a Grandmother I want to have visitation with my Grandchildren.Thier Mother doesn't let me or my Son see them

She is may be on drugs she is married to my son she has a boyfriend canmy son get help can I see my Granddaughters

Timothy Denison
Timothy Denison answered on Oct 16, 2019

Your rights are derived from your sons rights. You should have your son take her back to court for a parenting schedule and to enforce parenting time. Then you can see them during his parenting time.

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