California Family Legal Questions

What a nightmare.  WIthout knowing the full situation, here are my preliminary thoughts concerning how to proceed. Get out of your mom's house, find somewhere else to stay that is safe for you and the children.  If your husband won't sign the divorce papers proceed through the courts or retain an attorney to help you do that.  You can request a domestic violence restraining order regarding the abuse and the stalking.  You aren't required to stay married to anyone in this state.  Place distance between yourself, your kids, and your toxic family until they come around.  Hold off on moving in with your new boyfriend if you can help it. That move is making the whole situation more volatile than is necessary.  Get yourself and your kids into counseling.   Best of luck! ... Read More

The woman is free to give the texts to anyone she chooses - since you gave them to her.  Always a good idea not to send illicit texts/emails! However, you might seek to get a civil harassment restraining order against the brother to prevent him from continuing to harass and threaten you.  I assume you have already told him/her that you are sorry for upsetting them and to please stop contacting you.  If not - that would be your first step.  If he continues, you can seek a restraining order.  Best of luck. ... Read More

I am so sorry! You need to file a petition for appointment of temporary guardian (GC-110) and petition for appointment of guardian of a minor (GC-210).  This is actually a little bit of a complicated process, and there are a lot of forms that are required, so I would suggest that if you have transportation that you go to your local courthouse and ask the probate clerk for a "guardianship packet".  He/She can give you a packet of all the forms you need with some brief instructions.  If not, you can get them here: http://www.courts.ca.gov/forms.htm?filter=GC, and you can review some basic instructions on the forms that are required here: http://www.courts.ca.gov/1214.htm.     You will also need to submit a request to waive court fees. The filing fee would otherwise be pretty expensive.  You can also request that an attorney be appointed to represent you.  Best of luck! ... Read More

An annulment is very rarely granted and may only be sought on very specific grounds. These include fraud, incapacity, force, bigamy, etc... These grounds for nullity of the marriage must have existed at the time the marriage was entered - meaning it won't work to argue that over a period of 7 months you realized you didn't want to be married to this person. But you are entitled to a divorce, and after such a short period of time you are unlikely to have substantial financial entanglements that will make the process difficult. I would suggest consulting with an attorney if you can afford to do so.... Read More

This is really unclear. I am assuming - but I may be wrong - that the other parent received money in a legal settlement in another case and you are inquiring as to whether the court can order that he be required to give you a portion of that settlement to pay child support arrears.  Assuming that this is all correct, then yes the court can order that.  You can also get a writ of attachment and levy his bank accounts if you know where he deposited the funds.  I would suggest consulting with a family law attorney in your area. ... Read More

You need to file for adoption of the child in the court where the baby is being born.  You can read more information here: http://www.courts.ca.gov/selfhelp-adoption.htm  This process can be complicated, so if you can afford it I would suggest that you retain an attorney. ... Read More

They can file for guardianship over the children which will have the result of taking custody away from the parents, and granting custody to the grandparents.  You can get the forms needed for guardianship in your local courthouse, or you can download them here: http://www.courts.ca.gov/forms.htm?filter=GC. You might also consider consulting with an attorney who handles probate guardianships for further guidance. Good luck!... Read More

I do not understand the 'after mediation' portion of your question.  If the father has filed a request for visitation then you can file a responsive declaration outlining your requested orders.  Sole custody and no overnights are two very different things however so I would suggest that you consult with a lawyer in person to go over the facts of your case.   Best of luck to you. ... Read More

You do have legal rights and you need to speak with an attorney ASAP.  You can ask the courts to find that you are the child's father by filing a petition to establish paternity and informing the court of your contention that you qualify as a presumed father under Family Code section 7611 (a presumed father is one who "receives the child into his or her home and openly holds out the child as his or her natural child").  If you have a good relationship with the mother you can also file a voluntary declaration of paternity with the Department of Child Support Services which will serve as a judgment that you are the child's father.   Let me please point out one other thing.  The baby was not kidnapped.  The baby was an infant being raised by a mother on meth.  CPS did the right thing here, and it is not going to do you, the baby, or your girlfriend any favors to minimize her role in this situation.  Children of meth users can have serious complications.  This isn't do discourage you from coming forward as the father, you should do so if you love this child and can provide for his care.  You just need to be realistic about the situation. Good luck to you both. ... Read More

The question is what do you want to do? You cannot legally leave your children without a caretaker, so they have to stay with you while their mother is MIA.  Meanwhile, they are being hurt by feeling rejected by mom, grandmother, and maybe even dad.  To state the obvious - children thrive on being loved and nurtured.  They will act out if they are feeling dumped and rejected.  I would suggest that if you are capable and willing to provide for more of their care, that you file a request for order seeking an increase in your parenting time.  I also suspect that there are bigger issues going on.  A normal mother doesn't leave her four kids for three days at a time without providing for their care.  This suggests drugs, alcohol, mental illness, something to be causing this instability that is of equal concern with respect to your children.    I hope this helps. ... Read More

Yes.  You can bifurcate the marital status and reserve the property division for a later time.  Bifurcation refers to dividing the case into two separate parts:  the divorce, and the remaining issues to be decided.  You can agree to end the marriage by stipulation in writing or in front of the judge in which case you would need to also submit a judgment.  If the other party is not cooperative, you can file a Motion to Bifurcate Status of Marriage. Cheryl L. Sommers (510) 659-9800        ... Read More

You can file for divorce in California but it won't be quick.  California will not enter a judgment of dissolution of marriage until at least 6 months have passed from the date on which the respondent was personally served with the petition for dissolution of marriage and summons.  You can submit your judgment earlier than this, but your marital status won't be terminated until that 6 month point. I hope this answers your question. ... Read More

File a petition to establish a parental relationship (form no. FL-200) and summons (FL-210) ASAP - do not delay, you should file right away. Obtain an attorney's assistance if you are able.  The fact that the child may not be your biological child doesn't prevent you from establishing a parental relationship another way, such as holding the child out as your own and providing the child with support (see California Family Code 7611).   You can print copies of the necessary forms here: http://www.courts.ca.gov/forms.htm?filter=PA  Best of luck to you! ... Read More

A status conference is just an opportunity for the court to determine the status of your case and what needs to occur to move your case forward - unless another hearing was set concurrently with the status conference, the court will not make substantive orders at that hearing. If you come to a settlement, the court will in nearly all cases adopt that settlement.  If you do not agree, then the case will be set for trial.  If you each agree, you can ask that your agreement be ordered on a temporary basis and reviewed in 12 months.   With respect to child support, you cannot waive the child's interest in receiving support.  So just know that whatever you agree to with respect to child support, you or the other parent can go into court at any time and seek a guideline support order and the court will grant it.   I hope this answers your questions.... Read More

Generally, any property (real or personal) that you have prior to marriage is your separate property. However, if you make payments on the mortgage, title, insurance, repairs, etc. with your income after marriage, your new spouse COULD obtain a partial interest in the property or at least request reimbursement under the Family Code for 1/2 of whatever you paid. However, to be perfectly safe, the best plan is to obtain a prenuptial agreement which will preserve any and all property, income, etc as your sole and separate property. Law Office of Jeffrey D. Stearman Jeffrey D. Stearman, Esq. Fullerton, CA.  714-871-7778 www.MyOCFamilyLawyer.com... Read More

Ex parte hearings are heard only if there is an emergency basis. Court generally will not hear a matter ex parte if it can wait for the regular noticed motion date.  Based on the facts you provided, I would presume that the judge will not hear the ex parte (essentially denying it) becasue there is no emergency basis. And then set the matetr for a regularly noticed motion called a Request for Order. At that time you should file your response to the father's paperwork.  However, to asnwer your question about having any papers preapred for the hearing, generally you do not need to. Your testimony at the hearing would be sufficeint. But keep in mind, if the ex parte is denied and the court sets the matter for a regularly noticed motion, they you should file a response. But none is necessary for the ex parte.  Lastly, in order for you to be given notice, you must receive notice of the ex parte hearing before 10:00 a.m. one court date prior to the actual hearing. Notice may be given by telephone.  I hope I have answered your questions. Feel free to contact me if you would like to discuss your case in more detail. ... Read More

I'm sorry to hear you are having so much trouble keeping in touch with your son. Its a little difficult to give you a difinitive answer to your question without obtaing further facts.  Normally, the parent who does not have physical custody, but rather visitation rights, has the right to speak with the child on the days they do not have visitation. If the father is preventing you from communicating with your son, it may be wise to take him back into court for either a contempt charge, or to have th ecourt clarify the order regarding communication with the child while one parent does not have custody.  Another note worth mentioning, if at any time your child is in a harmful situation, that may give rise to a change in curcumstances in order to modify the existing court order and to award primary physical custody to the other parent. But again, it is difficult to advise this action based on the minimum facts provided.  I would recommend contacting an attorney to discuss your case in more detail. Feel free to contact us if you like, we can offer you a free initial consultation.  Wish you all the best.... Read More

You need to determine whether you were legally married by checking with the clerk's office to find out whether the justice of the peace filed the necessary papers with the court and if so, you were legally married.  Even if the justice of the peace did not and you did not, it does not necessarily invalidate the marriage.  Start with the clerk's office and while you re at the courthouse after you do that, see the Family Court Facilitator, an attorney, without fee, who can advise you.... Read More

Inheritance is yours, whether you are married, separated, in the process of divorce, or single.  What can change that is "commingling" which would be, for example, where you put your inheritance funds in a joint account you use with your spouse.  So keep all things inherited separate and there is no need to take any other action.... Read More

You cannot move to another state with your child without his permission or an order of court that you can do so.  If he agrees, his permission needs to be memorialized, written up, as an agreement that can be signed by a judge- it is called a stipulation (agreement) and order.  If you don't have his agreement and take the child, you can be charged with felony kidnapping. If he does not agree, file a motion with the court.  If you can't afford a private attorney, see the Family Court Facilitator, an attorney, no fee, at your local county courthouse to assist you, and that same person, if he does agree, could help you with the stipulation and order.    ... Read More