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California Family Law Questions & Answers

2 Answers | Asked in Estate Planning and Family Law for California on

Q: Can you add someone to the deed to your house but Will that your home be sold/profits split Among people not on the deed

My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »

James Edward Berge answered on Aug 18, 2019

There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property... Read more »

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1 Answer | Asked in Family Law for California on

Q: Move Away Order

My wife and I have been married for a year I currently reside in Sacramento California and she lives down in Los Angeles she has a 3 year old son. Her and the kids father have a joint custody agreement where the mother has the son the majority of the time.

We have attempted to come to... Read more »

Tobie Brina Waxman answered on Aug 17, 2019

What's your question? If Mom and the other parent cannot reach an agreement, then mom needs to apply to the court for a move-away order.

1 Answer | Asked in Divorce and Family Law for California on

Q: Enforce alimony, get attorney, attend court. How do that since I moved to other side of state (Calif)?

My ex (employed executive) paid alimony for some years then stopped. So, had enforced through court, yet he's still not paying. Due to this, I'm seeking to (again) enforce spousal support agreement. Kids all adults, so no child support applies.

Was married and divorced in same county in... Read more »

Sanjoy Kumar Guha answered on Aug 13, 2019

When your former spouse is not paying alimony, returning to divorce or family court should be your first action. Seek the help of an experienced divorce or family law attorney to represent you. Show the court evidence that your former spouse has not made payments, has not made full payments, or has... Read more »

1 Answer | Asked in Divorce and Family Law for California on

Q: Information on property and child support.Been married for over 10yrs.

Spouse had kids w someone else while still being married.

Sanjoy Kumar Guha answered on Aug 11, 2019

California is one of a few states where you can benefit in alimony payments from staying married 10 years or longer. In this situation, the spouse earning less income retains the right to be paid alimony for as long as he or she needs, and as long as the paying spouse can pay.

All parents...
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1 Answer | Asked in Family Law, Business Law and Identity Theft for California on

Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?

William Jaksa answered on Aug 9, 2019

There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with... Read more »

1 Answer | Asked in Family Law for California on

Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?

Andy Cook answered on Jul 30, 2019

No, it shouldn't be. It sounds like an emergency, so the Court should hear you on an emergency basis, which usually means within two business days or less, provided you have proof of the use; or other evidence -- like declaration(s) from eyewitnesses who saw the drug use; an admission from the... Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on

Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case ask them... Read more »

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1 Answer | Asked in Family Law and Elder Law for California on

Q: Can I be legally reimbursed (from my mother's bank account) for expenses incurred doing home repairs on her house?

My mother is 86 and in the early stages of dementia. My brother and sister live at my mom's house rent-free, but do little to care for her. They also are trustees of her living trust (which they coerced her to get) and will not show me that document. She needs many repairs to her house (sewer... Read more »

James Edward Berge answered on Jul 22, 2019

It depends on whether your power of attorney is durable, whether your authority under that power of attorney is effective immediately or only upon incapacity, and the express powers given to you. It also depends on whether that power of attorney remains effective or has been revoked.

1 Answer | Asked in Banking, Estate Planning, Family Law and Probate for California on

Q: how to petition court to determine ownership of decedents joint bank accounts

California rules right of survivorship in jointly held bank accounts unless clear and convincing evidence shows other intent by decedent. What forms do I need to file to ask the court to make a ruling on my mothers jointly held bank account when I have a will that says she leaves nothing to her... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

You have already asked this question, and at least two lawyers have already responded. If you do not agree with the opinions of the two experienced lawyers then you should hire a probate lawyer to help you.

1 Answer | Asked in Family Law for California on

Q: Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Hi petitioner filed for separation of marriage (FL100) and then filed motion to dismiss 20 days later. Do I need to file a response if petitioner filed motion to dismiss shortly after she filed for separation of marriage?

Tobie Brina Waxman answered on Jul 7, 2019

A motion to dismiss? If she filed a petition and you have not yet responded, all she needs to file is a Request for Dismissal. It is not a motion and there is no hearing. If the case is dismissed, you do not need to file your response. If she filed an actual motion and there is a hearing date... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Real Estate Law for California on

Q: My neighbor kept throwing trash, debris, heavy objects (ie paving bricks, rocks...) into my backyard.

I've talked to them twice, called the police once. No collaboration & things just got worse, am afraid it'd escalated & someone might get hurt.

Dale S. Gribow answered on Jul 4, 2019

Take pix to gather evidence and sue in small claims for up to $10k.

before you sue consider sending a letter setting forth all that has happened and give them 10 days to remedy the situation and sue in superior court with a lawyer or small claims.

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on

Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... Read more »

Kevin L Dixler answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Constitutional Law for California on

Q: Can a police officer take me to jail For calling them for to come help me?

My x spouse was out of state without my knowledge. My 15 wouldn’t answer my calls or texts, I went to my home to check on her, I found hard liquor empty bottles and passed out teens through out my home, she was locked in the master I opened to find her in underwear and a guy...she was cursing me... Read more »

Dale S. Gribow answered on Jun 28, 2019

More info needed.

i doubt if they will file against you and if they do your lawyer will probably get it dismissed.

either hire a lawyer now or ask for a public defender if you have to go to court.

maybe consider writing out a summary now while everything is fresh in your...
Read more »

1 Answer | Asked in Criminal Law and Family Law for California on

Q: My stepdaughter informed us that her uncle told her he has feelings for her, she has a great body

asked to see her private Area told her he would pay her to see them and asked her if she has feeling for him as well. Can i file charges? Even tho he hasn't touched her?

Dale S. Gribow answered on Jun 28, 2019

more info needed.

how old is she?

i would keep an eye on her but what he says is probably not enough to be a criminal offense...especially if she is over 18.

1 Answer | Asked in Family Law for California on

Q: My ex-husband has not seen or had visitation with his child since 12/02/2012

He emailed me stating that I do not have his permission for our child to leave the state. We do have child support and he stated that it was 0 custody and 0 visitation. My child is in competitive cheer and travels out of state for competitions. Am I allowed to take her to her competitions or do I... Read more »

Tobie Brina Waxman answered on Jun 20, 2019

What do your court orders say? Who has physical custody? Who has legal custody?

1 Answer | Asked in Child Custody and Family Law for California on

Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.

What can I do to get them back right now ?

I have legal custody over them ..

This is kidnapping right ?

Tobie Brina Waxman answered on Jun 17, 2019

Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.

1 Answer | Asked in Family Law for California on

Q: My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?

He wants to live with me because his step father is emotionally and physically abusive.

Andy Cook answered on Jun 9, 2019

File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference, but given his... Read more »

1 Answer | Asked in Family Law for California on

Q: Does visitation order start after serving the other party with the court order?

Andy Cook answered on Jun 7, 2019

It depends whether the judge said at the hearing that the order is "effective forthwith". If so, it doesn't matter when the written order is filed or served. If the judge was silent on this issue, the order is effective upon service of the Order.

1 Answer | Asked in Appeals / Appellate Law, Family Law, Health Care Law and Insurance Defense for California on

Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?

Tim Akpinar answered on Jun 5, 2019

It's possible part of your question was inadvertently left off. An attorney would need additional information about the scope of the matter and state laws you mention on which you are contemplating an appeal. You could try reposting.

Tim Akpinar

1 Answer | Asked in Family Law for California on

Q: The findings and order after hearing was filed incorrectly. I was served 7 days after it was filed plus other errors

I was served 7 days after it was filed plus other errors including the petitioner being called respondent and vice versa. which by doing that that gives the respondent custody in the situation. I filed my opposing FAOAH and was in my time frame since being served but the court rejected them. Did... Read more »

Andy Cook answered on May 31, 2019

I would need more information, but I would want to know whether there was a court reporter present so that there is a transcript available to purchase that shows what the judge actually decided; who :they" are, who said you needed to file an RFO to correct what seems like an obvious mistake; were... Read more »

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