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California Family Law Questions & Answers
1 Answer | Asked in Family Law for California on
Q: Can I deny visitation to protect the other kids health from a upper respiratory infection which is contagious till clear

I have 3 daughters with children mom she kept my 3 year I got my 6 and 7 baby baby went to doctors has a upper respiratory infection I don't want 6 and 7 to be around her till she is cleared by doctor can I deny visitation for health concerns I do have custody mother only has visitation

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

You've omitted some important information. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law for California on
Q: Am I responsible for my husband’s debts? We don’t live together but we are not legally separated.

Hello. I don’t live with my husband for few years but we are not legally separated. Will I be responsible for his credit cards debts, mortgage debts etc? Thank you.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

The community is responsible for community debts. You'd need advice though regarding your specific situation. More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Family Law for California on
Q: Need a California lawyer to assist with issuing a subpoena for to Google -Gmail

I need a California lawyer that knows how to issue successfully a subpoena to Google for my Gmail account, and other Gmail accounts. A person that I know has produce "fake" emails that I never sent, and they never sent me to create false narratives, which became false realities in a... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

Few, if any, lawyers are going to agree to just issue a subpoena. A lawyer will want to evaluate your case and, if they accept representation, they take whatever steps are necessary to further/protect your legal interests. [I litigate cases. Anything posted here must not be construed as legal... Read more »

1 Answer | Asked in Family Law for California on
Q: I've been subpoenaed for deposition of respondent by my husband's lawyer. I'm representing myself can I object?

I am representing myself in court. I have a temporary restraining order against xxx. His lawyer postponed the hearing to investigate. Now I have been subpoenaed to the oppositions law firm to produce all of my evidence. I feel this is in violation of my rights. I need to properly object this and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

An experienced and trained attorney will be able to represent you and raise any and all proper objections. My fear is that persons who've not been trained in the law, such as yourself, will not know what, if any, objections to raise. More than can be communicated here would need to be known.... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Divorce and Family Law for California on
Q: If my parents watched my soon to be ex wife’s daughter for free all summer and she’s going after me for more than CA

I use this in court? I’ve paid everything and done everything asked and she’s not understanding how much she didn’t have to pay while married. We were only married a year.

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

I'm not sure what the question is, but it likely relates to child custody & visitation and/or child support. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

2 Answers | Asked in Family Law for California on
Q: If you served someone but they didnt provide it to their lawyer, can lawyer still file a change of court date ?

Respondent was served a month ago by the sheriffs department at the courthouse, now his lawyer has filed a request to change court date since he just received the paperwork a week before court

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

If the lawyer needs more time to prepare a response to the motion or to prepare for the hearing, he can ask for it. It's then up to the court to decide whether to grant that request. You can oppose the request, but why would you?

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1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for California on
Q: Hello, Can I get subpoenas when the hearings are already over? What forms do I use?

I filed Restraining orders against individuals for internet harassment, slander and other harassment...the hearings ready to place, RO not granted but I would still like to get the IP addresses from the businesses used by the harassing individual, to post the slander so that i can trace it... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

If the case is no longer active, what basis would you have? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Arbitration / Mediation Law and Family Law for California on
Q: What can I do at the mediation "follow up"? I feel like the female mediator is siding with mom.

Today the recommendation so far is thurs to mon. Then following week a 3 hr visit Wednesday before work. After school. I work graveyard working mon thru thurs one week, mon thru wens another. 12hr shifts. I asked for visits to match my days off cuz I work graveyard. Mom works during the day so she... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

An attorney will advise regarding mediation. If you disagree with the mediator's report, you can request a hearing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get legal guardianship of my 5 yr old granddaughter? She is living with me & I am now sole provider for her.

Mom has been jail for 2 yrs fighting criminal case. Dad, my son, had stroke & in coma. She has been in his custody since born.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can file a court action to obtain custody. Generally, there are constitutional protections that guarantee parents' rights to have custody of their children. (Troxel v. Granville 2000). However, if you can show a compelling circumstance to modify the custody arrangement, you may be able to... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Relocation with child within same state (CA) and no custody order. What are my rights?

Father and I are not married and never have been. I take care of child 90% of the time.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage... Read more »

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: My son had 1 years worth of 401k from employer when he passed away along with debt. As next of kin do I pay all bills?

California residents

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Sep 21, 2022

I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's... Read more »

2 Answers | Asked in Divorce, Family Law and Civil Rights for California on
Q: If my divorce isn't final yet but we have been separated for a few years. Can my boyfriend sign the baby's birth cert?
James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

Are you referring to a voluntary declaration of parentage? Here's a link to an article from the CA courts regarding establishing parentage. Have a look and speak with a local lawyer.... Read more »

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2 Answers | Asked in Adoption and Family Law for California on
Q: My husband in the process of a step parent adoption. But two months ago, he was arrested for DV. The case is still pendi

I’m sorry it wouldn’t let me write more above. He was arrested for DV back in July in Las Vegas. 1st count misdemeanor, but hasn’t been convicted yet. His attorney seems to think he can dismiss it since the situation was minor. We are wondering if we should continue the adoption case until... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 21, 2022

That's not likely going to help things. Because more information is needed, he'll need to speak with an attorney. Find one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for California on
Q: What are the charges for texting someone while on a TRO?

I am on a TRO given by my wife, The hearing is still coming. I texted her "I miss you" last week and didn't get any response. We are recently separated and she filed a restraining order on me. The hearing is next month. In the meantime a sherriff called me and wanted to talk to me in... Read more »

Dan Moseley
Dan Moseley
answered on Sep 19, 2022

A TRO typically orders the restrained party to have no contact of any kind with the protected party, but occasionally it will permit peaceful contact. If yours does not permit peaceful contact, then ANY contact by the restrained party is a violation and is prosecutable.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: Is it possible for me to not require her father's signature on any document?

Never married; don't live together; his name is on birth certificate; daughter is now 10 yrs old; she lives with me; he has never been financially responsible for her; he sees her when he has time; when I need his signature on passport or any document, he refuses or makes it very difficult and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

You could file a paternity action. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex filed for divorce in 2016, I was served papers which said he wanted a dissolution and that we had a son 50/50..

I did not respond because I didn’t disagree with the order. I moved away from the address I live when he first served me. Bc I did not respond he was able in 2018 to file a motion for the order to state he had Sunday-Friday and I only had Saturday 9a-4p and sent the “service” to my previous... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

Respectfully, this is on you for not responding to the divorce papers. You should speak with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »

1 Answer | Asked in Family Law and Adoption for California on
Q: What do I need to do to adopt her daughter.

I married my wife and we have been together for 5 years. We have a child together, and I want to adopt her daughter. She is 7 years old and I have been there everyday for the past 5 years. What is the process. I live out in San Bernardino County. In the city Hesperia.

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

Certain requirements must be met for so-called "step-parent" adoption [more information is needed [don't share it here]]. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client... Read more »

1 Answer | Asked in Federal Crimes, Libel & Slander and Family Law for California on
Q: Can a social worker ignore an expungement and say that someone never got their record expunged even if they did.

My kids were taken away because a social worker said I wasn’t within my right to decline a drug test because I am a felon with a narcotics offender title, even though I have had an expungement for 12 years. She said I don’t and that I still have it on my record and took my kids away because of it

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

More information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

2 Answers | Asked in Contracts, Divorce and Family Law for California on
Q: Is a signed handwritten contract between spouses legally binding.

My husband an I write out a contract stating that if one of us cheated then the cheater has to give the other spouse all assets, property and 1 million dallors, we both know what it says and agreed to the terms and conditions and both put our signature on it, will this hold up in court?

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

I'd need to know more, but likely not. What a strange thing to do- you should marry someone you trust. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice... Read more »

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