California Family Legal Questions

You've got several issues, none of which can be fully answered by an email.  Ideally, you hire an attorney.  If you do not have the funds to do that, go to your local county courthouse and see the Family Court Facilitator, who is an attorney and for which there is no fee, and get advice on each of these issues.  One questions with a quick answer: spousal support for a marriage of that duration is for one-half the duration of the marriage, generally.... Read More

It depends. During a divorce, you may not take the child out of the state of California without the father;s written consent.  It is an automatic restraining order posted on the back of the summons. After the divorce it depends on what is stated in the judgment, that is, the terms of the judgment. If nothing is stated, courts expect parents to communicate regarding travel and provide an itinerary to the other parent prior to travel, ideally a few weeks prior to travel.  Normally, you need a permission letter for the airline and passports require that both parents sigh the application.  If the father will not cooperate, you can file a motion requesting he sign the passport and the court okay the trip.  If you can't afford a private attorney, go to your local courthouse and see the Family Court Facilitator, an attorney, for which there is no fee.    ... Read More

Close the account.  Call the credit card company, explain what you want to do, ask them to close that account and issue you a new card.  Then it is your job to make certain your son does not access the new card.  After it is closed, destroy the card and let your son know the account is closed.... Read More

Under California law, fathers, whether married or not, have equal custodial rights, absent a court order to the contrary.  Legal and physical custody of each parent is determined either by agremeent or by the court, and is based on the best interests of the child.  To assert and preserve your custodial rights and visitation rights, and the rights of your child to a relationship with you, you must file a Parentage Action, also known as a paternity action.  You may also file a Request for Order, seeking specific custodial rights and visitation time.  Of course, you may also be responsible for child support, under the California Statewide Guidelines, as will the child's mother. The amount of support payable by either parent is generally based on adjusted gross income and the amount of custodial time each parent has.  ... Read More

Were or are you married to the mom?  Have you filed any court orders in NY?  In CA, if you are not married and have a child, you need to file a 'paternity action' to establish the dad and address custody, visitation and support.  If the child is a resident of CA then you could file in the appropriate court in LA. There are 2 kinds of custody--legal & physical.  You could possibly share legal custody (decisions regarding health care, education, religion etc.) but you would not share physical custody if you live in NY.  You and the mom could agree on a visitation schedule or the court would make a decision based on what would be in the best interest of the child.... Read More

The issue is a transportation issue unrelated to who is the custodial parent.  If the order needs to be modified because one parent moved, then you can agree on a modification or file a motion with the court to modify it.  The real measure ought to be a fair sharing of transportation rather than other factors.  You don't indicate how much of a burden 30 is vs. 13, and if not significant, a court is going to be displeased having the parents in court to deal with it.  Parents ought to try to work it out.... Read More

In order to change the last name of a minor, you would require a 'paternity action' (not a paternity test) to establish the biological father and address custody, visitation and support through the courts.  When filing for a name change for the child, the biological father would have to be served.  If he does not contest, the name change could go through. If you were to marry your boyfriend, he could file for a step-parent adoption and if the biological father agrees, the last name of the child could be changed within the adoption.... Read More

Here's the statutory law that would concern you: 281. (a) Every person having a husband or wife living, who marries any other person, except in the cases specified in Section 282, is guilty of bigamy. (b) Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the marriages may be proved by evidence which is admissible to prove a marriage in other cases; and when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge. 283. Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.So yes, it is a crime, and yes, he can be prosecuted. Check with the District Attorney in your county.... Read More

First, you should ask, and explain why.  If he agrees, then you need for him to sign the exemption release form 8332.  You can find it online and print it out, get it signed, follow the instructions on the form. Release/Revocation of Release of Claimto Exemption for Child by Custodial Parent   If he doesn't agree, you need to file a motion.  If the Department of Child Support Services is collecting support, contact your case worker.... Read More

I think you already figured it out; if the house does not belong to your mother, whether you stay or not is not up to her but up to your grandparents.  You did not indicate how either of them feel about what your mother is telling you or whether they know what she is telling you.  As you know, you are legally an adult now. Maybe she figured she no longer has a responsibility for you, even though you have a semester of high school remaining.   Check in with your grandparents, get them to agree you can stay and under what conditions (do they expect you to get a part-time job and pay towards your keep, for example?) and good luck!... Read More

I only see a potential criminal issue with you taking them. Since they are in the custody of your ex, they are her property, at least as far as the city and state in which she is living. So, if you go on her property to take them, you are trespassing, etc. and are then taking her belongings without permission. If you cannot negotiate something, why don't you just get some other dogs. Think about this logically. Dogs, cats, fish, birds, and children all require someone to care for them. That creates a responsibility. That means having to be home at a certain time every day, feeding, bathing, caring for some thing or someone. If she wants that responsibility, let her have it. She can't easily go running off with someone for a wild weekend, or stop to have a drink with someone after work. She has a very real responsibility. And guess what? You do not have a responsibility.... Read More