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COVID-19 California Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Dad tested positive for COVID. My daughter is negative. We are 50/50. He wont negotiate his time. What can I do?

We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... Read more »

Paramprit Bindra
Paramprit Bindra answered on Aug 5, 2021

1. Try talking to the father again.

2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.

3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of...
Read more »

2 Answers | Asked in Divorce, Family Law, Estate Planning and Probate for California on
Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »

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

You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... Read more »

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1 Answer | Asked in Family Law and Divorce for California on
Q: found my husband in our bed with another woman. he has moved out with her and his father has given me 2 weeks to get out

He has been threatening me with ridiculous things like turning me into authority for drug dealing and prostitution and tax evasion and unemployment fraud. Said his father was going to sue me for back rent and put an eviction on my record . I had to give back my wedding ring and not allowed to see... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

So sorry to hear you are being treated this way. Yes, you have rights. Suggest you contact a local Family Law attorney or the Legal Aid society about getting a divorce and seeking a temporary restraining order against your spouse, his girlfriend and his father for the harassment. Meanwhile, you... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

3 Answers | Asked in Child Support, Domestic Violence and Family Law for California on
Q: If an alimony claim was filed in in July 2020 also a restraining order for violence, then the client used his one delay

Due to lack of a lawyer, than the lawyer pushed the hearing back 3 months, from September to December, then the lawyer dropped the client due to lack of payments, the client gets a new lawyer 3 weeks before the alimony hearing, can the case be pushed back again

Dale S. Gribow
Dale S. Gribow answered on Nov 23, 2020

more info needed.

what state, county, court, judge?

but yes it is at the discretion of the judge...and with Covid, everything is up in the air.

hopefully, you have a lawyer who can fill the judge in on the past history.

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2 Answers | Asked in Divorce and Family Law for California on
Q: My ex husband stopped making spousal support payments in April. What Can I do?

We were married over 25 years, support was court ordered for long term marriage. He went on furlough when Covid started, and collected unemployment benefits...now I believe he has retired early from his union job, so the checks that were issued by his employer stopped. He refuses to comply. Divorce... Read more »

Shawna Murray
Shawna Murray answered on Nov 6, 2020

You may need to take your ex-spouse to court and you should definitely consult an attorney about this issue because long-term spousal support is very complex. You could start by reaching out to your ex-husband and making sure he knows where to send you his spousal support checks. While his... Read more »

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1 Answer | Asked in Family Law for California on
Q: I got approved to move to Oregon with my son, with COVID there are no jobs! How difficult is it to change state?

Hi

I have full legal sole and physical custody of my child (hes 12)

I was awarded full legal sole and physical custody

CPS took him off his mother and gave him to me because shes an alcoholic

I currently live in the SF bay area

I just got approved to move... Read more »

Shawna Murray
Shawna Murray answered on Oct 4, 2020

If the judgement in your child custody case states that you have sole legal custody and sole physical custody, you do get to decide where your child lives. However, you not want to be accused of kidnapping your child so I highly recommend that you schedule an appointment with a family law lawyer... Read more »

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 »

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...
Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: My ex quit his job, long term spousal support in Ca has stopped. How do I get money owed?

Support was court ordered indefinitely for 27 year marriage. His employer would issue mandatory check to me when he got paid. He no longer works there. Do I have to petition the courts?

Chris M. Bradford
Chris M. Bradford answered on Jul 16, 2020

The meter keeps on running on spousal support until the judge changes the order. Even though you are not getting paid, the meter is still running and he is beginning to owe you what are called "arrearrages." If his income has dropped he can ask the court to lower or stop his support... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,... Read more »

1 Answer | Asked in Divorce and Family Law for California on
Q: How do I Refile my case?

I had a paralegal tape up my documents and file them with the court I had continuing court dates a.k.a. COVID-19 my last one was over the phone I was not able to attend in time so I missed it therefore I need to re-file my case how do I do that I can no longer afford to hire another paralegal.

Chris M. Bradford
Chris M. Bradford answered on Jul 11, 2020

Here is my suggestion: Your paralegal should have given you an extra copy of the papers which were filed. If not, go back to the paralegal and ask for one. You already paid for it. Also ask the paralegal for a copy of the document on the thumb drive in case you need to print new copies... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »

1 Answer | Asked in Family Law for California on
Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... Read more »

Morgan L. Montoya
Morgan L. Montoya answered on Jun 25, 2020

Hello, I'm sorry you are having this issue. It is heartbreaking when you feel a lack of control over when you can see your child. The California courts are taking the pandemic very seriously. However, generally speaking, the courts are not viewing Covid-19 as a reason to pause visitation... Read more »

2 Answers | Asked in Family Law for California on
Q: My sons father is threatening me saying that if our son happens to get COVID that he will take him from me for a long

Time and take legal action. Can he say that to me? Is that allowed

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

Both father and mother must take good care of the child, including the health of the child. However children get sick all the time for different reasons. They get colds, they get the flu, they fall and skin their knees. Does that mean the parent is a bad parent? No. So just because your son... Read more »

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1 Answer | Asked in Family Law for California on
Q: My parents claim to have filed a domestic violence report against me for my 2 year old daughter

I haven’t received paperwork from court or anything , they refuse to let me pick her up

Chris M. Bradford
Chris M. Bradford answered on Jun 23, 2020

Ask your parents for a copy of the papers. You are required to be served with the papers before the court order is effective. If they continue to refuse, ask them for the name of their attorney and phone. Call the attorney and go get a copy. If they don't have an attorney, or even if they... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »

1 Answer | Asked in Criminal Law, Estate Planning and Family Law for California on
Q: In order to gain access to a private residence, when there are two owners of the residence, who can give the go-ahead?

There is a private residence that is co-owned by two owners. The private residence is being sold and a real estate agent is coming with potential buyers to view the home. I do not want them in the property due to COVID-19, risking contamination, and breach of peace. Owner 1 gives the go-ahead for... Read more »

Juanita Guillen
Juanita Guillen answered on Jun 18, 2020

In general if Owner 1 has equal right and control to the property as Owner 2, Owner 1 can allow the real estate agent and potential buyers to view the home. Real estate viewings were allowed to continue in CA even during the pandemic (unless a local ordinance ordered otherwise). Best practices for... Read more »

1 Answer | Asked in Family Law for California on
Q: Ex wife is not allowing daughter to visit this summer, claiming too risky b/c of COVID?

My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 16, 2020

It's unfortunate that your judgment lacks details regarding the parameters of visitation. It makes it difficult to put a finger on any specific violation resulting from Mom's behavior. That being said, there are no laws in place here in California that allow a parent to use Covid-19 as... Read more »

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