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California Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for California on
Q: Is there a California Family Code that specifically mentions that VA Disability can be used to calculate alimony?

My VA Disability has been used as "income" in calculating alimony due to my ex-wife, but I cannot find a California Family Code that specifically mentions that VA Disability can be used in the computation of income. I have found other codes that mention "income" (which... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 5, 2020

Authority is not found in the Family Code. The Uniformed Services Former Spouses' Protection Act, found at 10 U.S.C. §1408 – exempts VA disability payments from division upon divorce. The provisions of Title 38 make it clear however, that Congress intended that VA benefits may be... Read more »

1 Answer | Asked in Family Law, Child Custody and Criminal Law for California on
Q: Ex wife lives in AR. I live in CA. Can she record phone calls without my consent
Maurice Mandel II
Maurice Mandel II answered on Aug 3, 2020

Interesting. Which law applies, CA or AR? In CA you would only have to notify the person that you were recording: "this call is being recorded for training purposes." Cannot say for AR. Essentially this is considered "wiretap". You can stop the recording by hanging up. Could... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: How to do seek a family lawyer in California without screwing myself

How could I find legal advice before I hire a lawyer to be certain have a child support issue and don’t know if I need n attorney but would feel more secure with one or don’t know if I need one at all never knew I had a child and now 3 years later getting me for child support what should I do

Shawna Murray
Shawna Murray answered on Aug 3, 2020

Your County Child Support offices can help you get a child support order at no cost.

Most lawyers do not give out free advice but some give free consultations. You could try a free consult if your questions are not answered by Child Support Services.

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1 Answer | Asked in Family Law for California on
Q: Can my girlfriend leave with my son to another state without my consent
Shawna Murray
Shawna Murray answered on Aug 2, 2020

An answer can often be found by reviewing the child custody orders you have in place. What does it say about trips out of state? What does it say moving away?

If you do not have child custody orders already in place and you believe that she is relocating to another state, then you need to...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Been 4 years not on birth certificate never did paternity now they are seeking child support

What do I do and if it is mine and I come to an agreement with the other parent could I avoid the child support and work out an agreement that’s set by the court or I could avoid the court completely I’m in California in The Weeknd today nothings open and I received the packet asking for my... Read more »

Shawna Murray
Shawna Murray answered on Aug 1, 2020

In California, it is the responsibility of both parents to financially support their children. It sounds like you received a packet from Child Support Services. It is very important that you respond immediately by hiring an attorney to help you respond. The attorney can further advise you about a... Read more »

2 Answers | Asked in Criminal Law, Family Law and Juvenile Law for California on
Q: I ran away as a 17 year old. If I show up to the police department and ask to live with a family friend, what happens?
Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

If you are off the grid, why would you have to go to the police to ask permission to live with a family friend, or anywhere? I am assuming that you are still under 18. You can file a petition for emancipation before you are 18 that would give you the right to live away from your parents. You can... Read more »

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1 Answer | Asked in Family Law for California on
Q: Regarding refuses visitation and missed visit What should I do?

i (mother) have the primary custody my ex-bf lives in Las Vegas and he has every first weekend of each month in Las Vegas and visitation in LA every 3rd and 5th weekend of each month plus equally sharing vacations, holidays etc in Las Vegas/LA Written in our court order.I always drop off our Son in... Read more »

Shawna Murray
Shawna Murray answered on Jul 31, 2020

If you would like to change a child custody order, you will need to file a Request for Order on Forms FL-300 & FL-311 plus you must a detailed declaration that can be prepared on Form MC-031. I advise you to consult with an attorney, but if you cannot afford to do that, you should ask if your... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Can my daughter and I move to another state without letting my exhusband know?

Our divorce is finalized plus there is an active restraining order protecting me and my daughter from my exhusband. I was awarded sole physical and legal custody. He has not contacted or provided child support for over 2 years. Will other states honor this restraining order?

Shawna Murray
Shawna Murray answered on Jul 31, 2020

Generally speaking, other states will honor the restraining order but each state varies on how to get the order registered in its system and so on. You should consult with an attorney in the state that you are considering relocating to, prior to leaving California.

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1 Answer | Asked in Family Law for California on
Q: Can I file a grandparent visitation petition now, during pandemic; can I file emergency order for visitation?

I’m on RSDI, can I qualify for fee waiver to file grandparent visitation?

Child, age 4, was involved in DV incident a week ago in front of parents and my son, father of child, said hurtful comments to him, “ I never wanted you/ be a father, wished mother of child would have had an... Read more »

Steven Lance Bynum
Steven Lance Bynum answered on Jul 28, 2020

In California Grandparents do not have visitation rights necessarily. You might think about filing an emergency guardianship petition in probate court if you already have them in your custody.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can ex husband deny my Thanksgiving vacation with our daughter?

Per our custody agreement, my ex husband and I both receive 2 one week vacations a year with our daughter. Because we have not been able to travel recently, I am trying to plan a safe secluded getaway with my daughter and my parents for Thanksgiving break (not flying, but still driving 6 hours away... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Suggest you contact your family law attorney and go to court to seek a specific order allowing you to take your daughter to see family on Thanksgiving. The sooner the better, since courts are clogged.

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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: I'm a military wife with two children.(4,11) I have been a stay-at-home mom. I want a divorce

My husband has been going to school getting his degree and climbing the latter in rank with the army national guard. I have been home raising the kids which has left me with no type of income. He is aggressive and has a temper. I no longer feel safe with me and my children in the home. I'm... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 27, 2020

Hi. I am not a family law attorney, but IMO you need to protect yourself and your children from someone aggressive with a temper, before there is violence. Contact a family law attorney in your area right away. There may be local shelters for you to take your kids to. Spousal abuse can take... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hello can you tell how I do a emergency file the dad has my son but they re homeless my son is currently here with me

It’s a lot of things that’s going on

Nima Sabeti
Nima Sabeti answered on Jul 26, 2020

Generally, if I am understanding your situation you may need to ask the court for an ex parte custody order. If you are in California the form is fl-300. Again, you have not been clear as to your situation. Nothing I am telling you is intended to be legal advice. You may need to talk to a family... Read more »

1 Answer | Asked in Family Law for California on
Q: So I wanna either get emancipation from my mom and let another family memeber take care of me how do I make it happen

Also that would mean the family memeber would be my new guardian but what if my mom doesnt agree but you really want seperation also im a minor

Shawna Murray
Shawna Murray answered on Jul 25, 2020

First, I strongly encourage you to contact an attorney in your area to discuss representing you and to help you decide which route to take - emancipation or guardianship.

Second, if you want to get away from your parents because they are abusive, you can call 2-1-1 in California to get...
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1 Answer | Asked in Criminal Law and Family Law for California on
Q: my ex-husband has a pending felony for aggravated assault, can he leave the country?

My ex-husband wants to take our children to Mexico. He doesn't have a passport and he doesn't have any documentation for our children. Also, he moved to Arizona from Georgia when he was arrested without letting the courts know.

Shawna Murray
Shawna Murray answered on Jul 24, 2020

The answer depends on what your parenting/custody agreement says. Some parents include provisions that prohibit moving the children from the state but others allow children to travel anywhere with the parent. However, "traveling" is not the same as "moving" and most parenting... Read more »

2 Answers | Asked in Family Law for California on
Q: Can an ex-spouse gets child support increased based on the current spouse income if it increased significantly.

The ex husband income has decreased significantly and the child support dropped accordingly, the current spouse has the potential to make significant amount of money through her business and a business lawsuit settlement soon. In California

Shawna Murray
Shawna Murray answered on Jul 24, 2020

A parent who wishes to change a child support order must show a "change in circumstances" and a change in the parent's income is a good reason for the court to agree that the child support order might need to be changed.

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1 Answer | Asked in Divorce and Family Law for California on
Q: Splitting the cost of group health insurance for our children with my ex-wife?

Final Judgment reads "Commencing (date included) Respondent/wife shall maintain health insurance coverage under Family Code Section 3750-3753 of the minor children if that insurance is available at no cost or at a reasonable cost to Respondent/Wife as defined by Family Code Section 3751(a)(2)... Read more »

Shawna Murray
Shawna Murray answered on Jul 22, 2020

From the information that you provided, it does read that Wife must pay for the health insurance coverage (premiums) if they are free or available at a "reasonable cost." I suspect it is her contention that the cost of the premium is no longer reasonable. If that is the case, she could... Read more »

1 Answer | Asked in Adoption and Family Law for California on
Q: Are there any laws or family codes that regard a parent who has had violent offenses?

Proving a parent is unfit based on past of criminal violence and domestic violence.

Shawna Murray
Shawna Murray answered on Jul 22, 2020

Yes, there are many Family Law codes regarding domestic violence. When making a child custody decision, the judge must look at the "best interests of the child." Family Code 3011 requires that a history of family violence be taken into consideration by the judge. In addition, the court... Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Immigration Law for California on
Q: hello i am living a troubled and abusive marriage, i have two daughters and i want to divorce.

I am Brazilian, married to a Brazilian who is an American citizen, i'm in the process of being Greencard, but our marriage is terrible and this is affecting children. i want to divorce because he treats me badly and i want to know more about my rights what can i do regarding custody of our... Read more »

Liliana Gallelli
Liliana Gallelli answered on Jul 21, 2020

You may qualify to obtain a green card despite the divorce under the law known as "VAWA"; a self-petition for spouses who are abused by a US citizen or resident spouse. With regard to the custody, that needs to be resolved in divorce proceedings in Family Court which is a legal process... Read more »

1 Answer | Asked in Family Law for California on
Q: can my husband keep our refund and not let me have any?

My husband and I file married joint I am a teacher he owns his own business. He was able to write off a lot so we ended up getting lots of money back. He had the money out into his business account without consulting me. Now hat the money is in he says it is not mine it’s his bc he wrote off so... Read more »

Nima Sabeti
Nima Sabeti answered on Jul 18, 2020

Generally, if you filed jointly you should have access to the taxes. As far as family law goes, part of your answer depends on if you are separated or in process of divorce. You may be able to get reimbursed for your share of the money. I would need more detail to precisely answer your question.... Read more »

2 Answers | Asked in Family Law for California on
Q: My boyfriend is currently incapacitated by a stroke. I would like to get gardian ship

I'm on SSI. I can't afford a lawyer. I don't drive. Need someone to file & go to court for me, for little to free

Maurice Mandel II
Maurice Mandel II answered on Jul 17, 2020

Unlikely any California attorney will be working for you in Chicago, for free. You need to post in your own area, and to seek assistance from a Conservatorship/Guardianship attorney in your local area. You might want to contact the local Bar association for a referral to legal aid, you might... Read more »

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