California Family Law Questions & Answers
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 »
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 »
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 »
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.
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 »
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 »
Q: Information on property and child support.Been married for over 10yrs.
Spouse had kids w someone else while still being married.
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... Read more »
Q: my deceased business partner's husband is using her phone and taking my business calls. is that legal?
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 »
Q: Hello. I need help filing for supervised visitation for son’s father who is a drug user. Is it a long process?
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 »
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.
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 »
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 »
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.
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 »
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.
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?
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 »
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.
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.
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 »
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 »
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 »
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 »
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?
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.
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 »
What do your court orders say? Who has physical custody? Who has legal custody?
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 ?
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.
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.
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 »
Q: Does visitation order start after serving the other party with the court order?
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.
Q: I was taken to court and my ex won but it contradicsts state laws. Should i request a set asude or appeal?
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
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 »
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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