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California Family Law Questions & Answers
2 Answers | Asked in Family Law for California on
Q: I have a spousal support modification hearing March 1st. I just found out my terminally ill mother will be passing in

the next few few weeks. I thought I could ask the court for continuance so I can fly back to the east coast for her passing/ funeral. I am now being told there would have to be an exparte hearing because the other party won't agree to it and more than likely he will ask for Temporary orders... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 27, 2022

All it means is the other party won't agree so you have to get the court's permission to continue the hearing. It's not that you are suffering consequences of having a family member take ill. The court has no idea what is going on in your personal life until it is brought to the... Read more »

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1 Answer | Asked in Family Law for California on
Q: Can a postnup agreement contain alimony guidelines?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 24, 2022

Yes, it can.

1 Answer | Asked in Family Law and Personal Injury for California on
Q: I want a case sherardized. How can I do that here?
Theodore Allan Greene
Theodore Allan Greene answered on Jan 22, 2022

You might try finding your county law library they usually have great resources for someone who doesn't have an attorney and it's free for most things. Otherwise you might find someone offering help with legal documents. But your best option is to buy some time with an attorney who should... Read more »

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
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1 Answer | Asked in Estate Planning and Family Law for California on
Q: As next next of kin, do I have authority to secure property for decedent estranged from her only son, whereabouts???

Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »

Julie King
Julie King answered on Jan 20, 2022

If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
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1 Answer | Asked in Domestic Violence, Family Law and Sexual Harassment for California on
Q: My son is going to be 12 in July. They took him from me 8 years ago after the sexual abuse was documented.

How can the system allow this to continue and not give me ANY type of communication?

This is so not the 'justice' we both deserved and he has been gone for 8 years . Everytime I refile a request for order its either a proof of service or I am just not allowed to speak?!?!

Dan Moseley
Dan Moseley answered on Jan 15, 2022

To reliably answer your concerns, a lawyer would have to review any court orders and other materials pertinent to your parental rights, and any section 290-registrant requirements that may apply.

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I am the trustee on my grandparents living trust. Who are their beneficiaries?

I am listed as the trustee after my mom who is deceased. My grandparents trust only lists their children, my mom (deceased) and my aunt. I can find nothing on the trust that lists a 'beneficiary'. I am assuming that my aunt is a beneficiary and is entitled to half the value of the... Read more »

Howard E. Kane
Howard E. Kane answered on Jan 10, 2022

I'm sorry to hear about your mom's passing. I recommend that you have an attorney review the estate planning documents to help you understand the content. Due to COVID, it may be best to scan the documents so that they can be emailed to an attorney for review. It is also a good idea to... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I have to tell the noncustodial parent that I’m moving

Do I have to tell the Noncustodial parent that I am moving I’m still staying in the state of California and all he has is visitation of our son everything was finalized in court in 2019

Ryan  Beiser
Ryan Beiser answered on Jan 10, 2022

If the place you are moving is far enough away to interfere with your current custody orders, you have to get the court to change the order. You can't just tell him you are moving if the move will interfere with your custody orders.

2 Answers | Asked in Divorce, Family Law, Personal Injury and Tax Law for California on
Q: Im paying all the bills and husband hiding his money in an investment in x name. What can I do. I found bank letter

The letter was sent to my home re: Request to change address to x address. We have been married for a year.

Dale S. Gribow
Dale S. Gribow answered on Jan 7, 2022

YOU PROBABLY WANT TO ASK THIS QUESTION TO A FAMILY LAW ATTORNEY IN YOUR AREA.

CALL FOR A FREE CONSULTATION ASAP.

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1 Answer | Asked in Family Law and Probate for California on
Q: My uncle died in ca no will no spouse no children parents dead. He has 3 siblings but only 1 is alive. R niece an hier

child of deceased sibling

Howard E. Kane
Howard E. Kane answered on Jan 5, 2022

Yes, the children of your uncle's deceased siblings stand to inherit. The surviving sibling will receive 1/3 of the estate. The children of the first sibling to die will inherit 1/3 of the estate in equal shares. The children of the second sibling to die will likewise inherit 1/3 of the... Read more »

1 Answer | Asked in Family Law, Real Estate Law, Business Law and Civil Rights for California on
Q: Hi, I am being harassed every single day, by a neighbor. The management is not doing anything. What should I do?

Hi, I am being harassed every single day, multiple times a day by a neighbor. She keeps calling and using security as a way to harass me and bully me every single day. (Anytime she hears me on the phone or when she hears something). She just won’t leave me alone. The management knows. I have... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 27, 2021

You can file your own harassment claim against this neighbor. all the necessary forms are available on the Court’s website (https://www.courts.ca.gov/forms.htm?query=civil%20harassment). See form CH-100-Info on the instructions whether or not you have an appropriate case for civil harassment... Read more »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Tax Law for California on
Q: My Ex exercised half the shares of community assets before splitting our stocks and did not communicate causing loss

My Ex is supposed to give 50 % of his pre-ipo stocks over to me and keep me informed what he is doing with them. But he kept me in dark exercised 50% of them and never gave me an option to exercise as it was community property in his name and now claims all exercised shares are his. Now if i agree... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

more info needed.

it sounds like a family law matter and I do not accept divorce matters.

present this to your divorce attorney and if you don't have one request a courtesy consultation with one

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: How to get domestic/civil restraining order dropped by two mandated reporters waited months to report the alleged abuse

Oct 15 2021 my sister and mother were in a physical confrontation where my mom suffered injury. This has occurred before(have pics) sister had none. She was asked to leave so they could calm down..instead she moved in next door with a neighbor/friend of 20 years.she had not been allowed to see... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 10, 2021

More info needed.

I suggest you type up a complete summary and consult with a local lawyer. This question deserves more attention than a quick answer.

You should have a lawyer put the matter on calendar if he thinks the facts warrant it.

1 Answer | Asked in Family Law and Real Estate Law for California on
Q: My boyfriend and I are separating and we bought a house together. He won’t sign so we can sell the house
Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

Hire an attorney to file an action for a Sale For Partition

1 Answer | Asked in Consumer Law, Family Law and Health Care Law for California on
Q: Clinic called me later saying they messed up billing and now I owe them more money

I received treatment from a planned parenthood and paid my bill in full at the end of my appointment. Later that night, I received a call from them saying they made a mistake and didn’t charge me properly and now I owe them another 125$. Do I need to pay this even though they’re the ones who... Read more »

Leon Bayer
Leon Bayer answered on Dec 4, 2021

How did they "mess up"? You owe what the treatment cost, plain and simple. If they gave you the correct bill at the time of your treatment, you would have paid, wouldn't you? So what is different about giving you a corrected bill later on the same day?

Don't you ever...
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2 Answers | Asked in Estate Planning, Family Law, Civil Rights and Patents (Intellectual Property) for California on
Q: As conservator can I kick someone out of my parents house that abusing them?

The two are abusing my parents and drugies!

Nina Whitehurst
Nina Whitehurst answered on Dec 3, 2021

And attorney would need to review your order appointing you conservator to see what it covers, but most likely yes, you can do that. Be sure to hire an eviction attorney to help you with that. The process and the rules are surprisingly complicated.

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2 Answers | Asked in Criminal Law and Family Law for California on
Q: What does penal code 157 mean?
Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2021

Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of that child, substitutes or produces to that parent or guardian another child in the place of the one so confided, is punishable by imprisonment... Read more »

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1 Answer | Asked in Divorce, Family Law, Communications Law and Domestic Violence for California on
Q: What form do I need for an amendment that covers communications about my children and properties please?
Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2021

amendment to what?

will/trust?

holographic or written? notarized?

is this a family law question? i only handle criminal and PI...............

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