Lawyers, Answer Questions  & Get Points Log In
California Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: My wife can’t get her ex to answer any questions about their kids what can she file to establish a mandatory timeline?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

This question is unclear. Mandatory timeline of what? If you are unable to draft a clear question here you would be better served by contacting an attorney directly.

1 Answer | Asked in Family Law for California on
Q: Can my exes boyfriend take her computer away because she was emailing me?

Documents say you shall not hold back from either party from talking to the kids. We used to do cell phone, my daughter got a computer from school and I noticed she was emailing her mom. So I started to email them when they were at there moms. Then last week the boyfriend took it because she was... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 23, 2021

"Can" ?? There really isn't enough information here. You mention "documents". Are you referring to court orders? It's unlikely that his taking the computer away is ok or acceptable. Without knowing what is in your court orders, it's difficult to say what... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Do I have to take my child home to their mom if I have to pay child support- Does it establish custody?

I am paying child support and have been considered present less that 10% of the time. However, my child’s mother does not want to give my child to me. She only drops her off when convenient and will not give her to me even on my days off. Instead she drops them off at a caretaker and says my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 19, 2021

Sounds like you are paying support without any enforceable court orders regarding custody. If you want custodial time with your child, you need to petition the court for those orders. Otherwise, Mom can pretty much do whatever she wants.

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Litigation for California on
Q: hello, how would i go about proving a gaurdianship of minor case granted illegally?

I was granted sole legal custody and sole physical custody of my minor child in 2012. my grandmother was babysitting for me for thee days and without my knowledge or consent took my child out of school , disconnected her phone number , and relocated to a different part of town. In 2016 my... Read more »

John Karas
John Karas answered on Jul 10, 2021

I suggest you consult with and hire a Family Law attorney in your area. While I empathize with your situation, a criminal defense attorney can't help with this matter.

Good luck.

View More Answers

2 Answers | Asked in Criminal Law, Divorce, Family Law and Personal Injury for California on
Q: Went to my ex-wife's house last night to get my stuff to find out that she had thrown my uncle and my fathers ashes out
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You may have a claim for intentional infliction of emotional distress, however if you left them there (as opposed to being locked out from them), then that may attrit your rights. Suggest you contact a member of the CAOC--they give free consults.

View More Answers

1 Answer | Asked in Family Law for California on
Q: When filing for conservatorship, do I have to be in the same state as the conservatee?

I live in California and my brother lives in Delaware. He has become mentally untestable and has been in and out of behavioral facilities recently forcefully by police. In the last few months he has become homeless and jobless. He needs mental help but refuses to volunteer go get help.

Jackie Marie Howard
Jackie Marie Howard answered on Jul 5, 2021

You will want to consult about this with a Delaware attorney where the conservatorship will be set-up.

1 Answer | Asked in Family Law and Appeals / Appellate Law for California on
Q: How could I word my argument in my appellant opening brief?

Q: submitted proof of completion of programs, complied with visitation orders, requested 2 more hours a week judge denies

I’m appealing two cases, one for each of my daughters. I have complied with visitation ordered and submitted proof of completion of all requirements. I’ve been... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 3, 2021

Your argument in your brief could be just like what you said above.

1 Answer | Asked in Family Law and Immigration Law for California on
Q: US spouse asks for money for help with status adjustment after marriage but before USCIS accepted the case.

None

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers answered on Jul 3, 2021

You said she asked you to "pay her for help with my status adjustment." That is marriage based visa fraud and can cause many problems. You said she is acting manipulative. You need to really consider what is happening. You should seek more indepth advice from a lawyer from the directory... Read more »

1 Answer | Asked in Domestic Violence and Family Law for California on
Q: I want to know of different approaches of going against a restraining order
Dale S. Gribow
Dale S. Gribow answered on Jun 23, 2021

MORE INFO NEEDED.

LAW IS FACT-DRIVEN.

IN THAT REGARD I WOULD ENCOURAGE YOU TO TYPE UP ALL THE FACTS AND MAKE AN APPT FOR A FREE CONSULTATION WITH A CRIMINAL LAWYER IN YOUR AREA.

YOU MAY HAVE TO MEET WITH MORE THAN ONE AND IF YOU HAVE EVERYTHING TYPES UP YOU WON'T HAVE...
Read more »

1 Answer | Asked in Family Law and Elder Law for California on
Q: How do I get Power of Attorney over my mother's finances?

She is unable to pay her bills and refuses any type of help or to go to the doctor. I fear for her safety. Wellness checks from the Department of Public Safety in La Mirada have resulted in reports that state that she should not be alone. Home visits from SASSFA have stated that she is confused... Read more »

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jun 22, 2021

She can grant you Power of Attorney if she has the capacity to.

It sounds like it might be too late for her to sign anything. In that case you have to get the court to grant you a conservatorship. It will require a form from her doctor plus a pile of papers, and an investigator will...
Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I terminate my child’s father’s parental rights without having someone to adopt her (stepfather adoption)?

The biological father has been out of the picture since 2018 because he has been in and out of jail. He keeps getting deported and comes right back breaks the law gets convicted, serves his time and gets deported again. This has been his pattern since 2017 but he has been completely out of her life... Read more »

Ms. Renee Marcelle
Ms. Renee Marcelle answered on Jun 16, 2021

Mom, on the facts stated you have mentioned the 2 criteria for the termination of Parental rights. Lack of contact with the child and lack of any support.

A person willing to step into the shoes of bio dad is totally unnecessary.

The in and out of jail fact may mitigate against a...
Read more »

1 Answer | Asked in Elder Law, Family Law, Health Care Law and Juvenile Law for California on
Q: My stepson’s mother is his conservatorship why he’s in a mental group home I just found out that Her his money .

My stepson is under a conservatorship is mother is currently he’s conservator. He was working a job and gave her the money and she’s using that money to start her own business is that legal and what can I do to put a stop to this

Jackie Marie Howard
Jackie Marie Howard answered on Jun 14, 2021

A portion of your question is missing; however, it appears you are asking if a conservator can spend money belonging to the conservatee's estate on bills/expenses/assets of the conservator. The answer is no. The conservator is answerable to the court for how the estate funds are spent. Get... Read more »

1 Answer | Asked in Family Law for California on
Q: Personal Injuries of Emotional Distress

I am writing for a case inquiry. I am the assistant of Mr. Wu, who can't speak English.

Mr. Wu has a son George(5 years old) with his ex-wife, Linda, whose custody belongs to Linda. However, Linda prevented father and son from meeting for up to 15 months (Filed a restraining order... Read more »

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

I THINK YOU SHOULD POST THIS ON A FAMILY LAW SITE............WE DON'T HANDLE THIS KIND OF MATTER.

HOWEVER, I BELIEVE MOST LAWYERS, IF THEY TOOK THE CASE, WOULD ONLY DO SO ON AN HOURLY..........NOT A CONTINGENCY.

THUS, HE NEEDS TO SET UP AN APPOINTMENT WITH A LOCAL FAMILY LAW ATTORNEY.-

1 Answer | Asked in Divorce and Family Law for California on
Q: What are the chances if gaining permanent spousal support in California?

We were married in 9/95 and separated in 8/2019. My spouse is 71 and I am 68 we are both retired and collecting a pension from a local government pension and social security. My husband gross income is approximately $117,000 mine is $58,555. What is the liklihood of asking and receiving spousal... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 8, 2021

The simple answer is that a supported spouse may be entitled to spousal support for an indefinite period as long as the marriage lasted more than 10 years. There are however, several statutory factors that are taken into consideration when determining not only the amount of but also the duration... Read more »

2 Answers | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I lost custody of my 16-year-old grandson when he was about eight years old. He was adopted by his grandfather's sister

She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 7, 2021

You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Libel & Slander for California on
Q: What forms do I file if R didnt make paymnts to P as order on stipulation?

4/14/18 DVRO/Stipulation -ordered R' to make paymnts directly to P' every 15th of month for support. 2 month payments were received with memo "Support". 8/14/18 We reconciled, during this time R' would transfer funds to my account for household, food, etc. none of these... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 2, 2021

MORE INFO NEEDED.

ADVICE FROM AN ATTORNEY IS ONLY AS GOOD AS THE INFO REC'D.

IF YOU HAD A LAWYER, THAT IS THE PERSON TO WHOM YOU SHOULD POSE THE QUESTION.

S/HE HAS ALL THE INFO ON THE CASE AND ANY LAWYER ANSWERING HEREIN, I WOULD NOT TRUST OVER THAT OF MY INFORMED LAWYER.

3 Answers | Asked in Criminal Law, Estate Planning, Family Law, Elder Law and Probate for California on
Q: File a petition to remove Power of Attorney in California

What forms do I file a petition with the Probate Department to remove a power of attorney based on financial elder abuse? I have already contacted APS and local police, they are telling me to request the courts for the POA to hand over financial records so the POA can be removed due to the abuse.... Read more »

Sally Bergman
Sally Bergman answered on May 30, 2021

Unfortunately, this situation will likely require a conservatorship, which is a court-monitored process that can and will revoke the Power of Attorney. If the older adult had a trust in place, it's possible that a conservatorship would not be necessary. Either way, please consult an elder... Read more »

View More Answers

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Q: Does my family have a right to custody of my daughter if her father has abandoned her and I am unable to see her?

So here's the situation: back in January the father of my daughter and her babysitter and her daughter (also the people I was living with) refused to let me leave the house with my daughter. I attempted to leave and due to being in similar situations in the past with my daughter father I... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2021

more info needed.

for an accurate answer, you need to consult with a family law (divorce) attorney.

Domestic violence is a criminal matter and you should have hired or had a public defender appointed to represent you on the criminal proceedings.

however, criminal lawyers...
Read more »

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for California on
Q: I have a 17 year old daughter and she likes a 13 year old girl they started to cut themselves how can I stop them

My daughter said she will kill herself if I stop her from talking to this 13 year old girl I don't know what to do . Can I file a restraining order ? My daughter does have a Psychiatry list and she speaks with a counsellor already . But I think this girl is influencing her.

Alexander C. Safarian
Alexander C. Safarian answered on May 24, 2021

This is a very delicate situation and there is single right answer on what you can do. I suggest maybe also reaching out to the other girls parents to help figure out a solution.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: To petition for a change of custody in Plumas County after a ruling has been made previously, what forms do you file?

A default judgement was granted due to failure to appear and other extenuating circumstances. Children are still in my custody 50% of the time with me providing monetary support for them as well. Their mother insists on creating a permanent schedule though I currently have no legal right to the... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 20, 2021

The issues you are dealing with have important consequences to you and your children. Seek experienced counsel to assist you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.