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347 legal questions have been posted about family law by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
California Family Questions & Legal Answers - Page 11
Do you have any California Family questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 347 previously answered California Family questions.
Family Law
California

Recent Legal Answers

We want to get married for the medical benefits etc.

Answered 12 years and 8 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You would need an agreement prior to getting married, calling a prenuptial agreement.  An attorney is one resource and the best one, but you can check on-line for other resources for such agreements enabling you to in certain matters, deviate from what otherwise would be the law- e.g., your incomes being separate property rather than joint.... Read More
You would need an agreement prior to getting married, calling a prenuptial agreement.  An attorney is one resource and the best one, but you can... Read More

What is a typical visitation schedule for a 4 year old child?

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the current visitation schedule no longer works with your son's new school schedule, then you can file a Request for Order and go to court to change it.  Visitation schedules vary according to individual circumstances but many non-custodial parents get every other weekend and one day during the week.   It's important that you ask for what you want and then try to negotiate a mutually agreeable schedule.  This is always preferable.  If you cannot agree, then the judge will make a ruling. ... Read More
If the current visitation schedule no longer works with your son's new school schedule, then you can file a Request for Order and go to court to... Read More

Given his absence and lack of interest in the baby, what are the chances he will be given any custody?

Answered 12 years and 8 months ago by Steven Jed Alpers (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Family
He would get some visitation if he makes an attempt, however he would only start with supervised visits of a few hours which could be expanded over time. If he does not even start with limited visits, the court will not give him any more rights to visit. I think he will lose interest in visits if he has to fly to CA for a couple hours of time.... Read More
He would get some visitation if he makes an attempt, however he would only start with supervised visits of a few hours which could be expanded over... Read More

my sister has guardian of my son. how do i get visitation to see him.

Answered 12 years and 8 months ago by attorney William R. Pelger   |   2 Answers   |  Legal Topics: Family
Either work it out personally, or get an Attorney to get you through this.
Either work it out personally, or get an Attorney to get you through this.

Who is right my son or me ?

Answered 12 years and 8 months ago by Lily L. Huang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's generally not a good idea to deny anyone of certain basic necessities.  It would be considered a gift if you bought clothes for him, gave it to him with the purpose that he wears it.  unless his clothing fits you too then we have a different situation. 
It's generally not a good idea to deny anyone of certain basic necessities.  It would be considered a gift if you bought clothes for him, gave... Read More

Can my husbands ex-wife keep their 2 children out of school? They are 6 & 8 yrs old. Is this illegal? If so what can we do?

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It sounds like you may want to file a Request for Order to address the situation as well as the move away.  A judge can change custody if he/she feels that it is in the best interest of the children.
It sounds like you may want to file a Request for Order to address the situation as well as the move away.  A judge can change custody if he/she... Read More

what are the legal actions against bigamy

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Bigamy is against the law so it sounds like your sister would have grounds for annulment.  Once granted, an annulment would void the marriage as if it never took place. If she has not done this, she would also need to file a paternity action (petition to establish parental relationship) with the court to address custody, visitation and support for the children.... Read More
Bigamy is against the law so it sounds like your sister would have grounds for annulment.  Once granted, an annulment would void the marriage as... Read More

What can I do to make sure he stays with me?

Answered 12 years and 8 months ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Family
All you can do is file for guardianship. Understand, unless the dad will be a danger to the child, one way or the other, it will be difficult to keep the child from him. Be prepared for a battle.
All you can do is file for guardianship. Understand, unless the dad will be a danger to the child, one way or the other, it will be difficult to... Read More

What can I do to make sure he stays with me?

Answered 12 years and 8 months ago by Tina Marie Fox (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Family
The quickest way is to petition the court for guardianship. Once you have guardianship, you can petition the court for custody at a later date. You can always go straight for custody, but it is a longer process, which is why I suggested guardianship first.
The quickest way is to petition the court for guardianship. Once you have guardianship, you can petition the court for custody at a later date. You... Read More

What can I do to make sure he stays with me?

Answered 12 years and 8 months ago by Mr. Paul Edward Evans (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Family
Your sister may have named a Guardian for her minor child in her Will, if she had one. If not, you should contact a lawyer to initiate guardianship proceedings in the probate court of your county. However, the child's biological father has superior rights to custody and would be the boy's presumed custodian. There are many facts that might overcome that presumption, however, which may leave you in a good position to petition for guardianship. You did not say whether your sister's boyfriend is the child's father, but whoever the father is would have to be notified of any guardianship proceedings.... Read More
Your sister may have named a Guardian for her minor child in her Will, if she had one. If not, you should contact a lawyer to initiate guardianship... Read More

What can I do to make sure he stays with me?

Answered 12 years and 8 months ago by John F Brennan (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Family
You will have to go to court to enforce your desires and that will be an uphill battle.
You will have to go to court to enforce your desires and that will be an uphill battle.

Is legal status change when child's last name is changed? If I agree to the name change, does that affect my legal standing towards my son?

Answered 12 years and 8 months ago by Christian Joseph Albut (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
Changing a name does not change your rights. Your rights to your child and the care of your child will always stay the same. This would be true, unless your rights as a parent are terminated. Simply changing the name does not terminate those rights.
Changing a name does not change your rights. Your rights to your child and the care of your child will always stay the same. This would be true,... Read More

my uncle is withholding my inheritance

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It sounds like you will need to speak with the lawyers involved.  You will need to know how much money your parents left behind for you & your siblings, what is currently in the bank account and if possible, the guardianship papers that were filed with the court. You may need to hire an attorney to represent your interests.  This is called a 'contested' matter in the area of estate planning.... Read More
It sounds like you will need to speak with the lawyers involved.  You will need to know how much money your parents left behind for you &... Read More

What is a reasonable visitation schedule for a 4 year old child beginning pre-school.

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Since you are not married, you should file in the family court a Petition to Establish Parental Relations which establishes the father and addresses custody, visitation and support for the child. If both you and the father can agree on an appropriate visitation schedule, it's always preferable. In many cases, the non-custodial parent gets every other weekend and 1 day during the week.   If you cannot come to a mutually acceptable decision regarding visitation, the judge with make a ruling.... Read More
Since you are not married, you should file in the family court a Petition to Establish Parental Relations which establishes the father and addresses... Read More

what are my chances a judge will grant me my move away request

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If your ex just joined the army then it doesn't appear that it would be reasonable for a judge to not allow you to move away.  However, you still need to file a Request for Order to legally allow the move and to change the existing custody order.  The change would mean that your ex would get visitation and how & when would need to be discussed.... Read More
If your ex just joined the army then it doesn't appear that it would be reasonable for a judge to not allow you to move away.  However, you... Read More

If my ex and I only have a verbal agreement on custody of our son, can I move out of the county about.. 5 hours away? Please help! Thanks :-)

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It's always best to get a written order from the court.  Were you married to the father?  The best way to do this would be to file a Request for Order to move away.  You would serve the father and if he is agreeable, you or an attorney could prepare an agreement that is also filed in the court that would outline the new visitation schedule. The dad needs to be updated as to your new location and contact numbers.... Read More
It's always best to get a written order from the court.  Were you married to the father?  The best way to do this would be to file a... Read More

What rights does my daughters father have if he is not on the birth certificate and has not established paternity?

Answered 12 years and 8 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you were not married to the father and have not filed a Petition to Establish Parentage with the court, then verbal agreements between the parents are not binding.  You need specific court orders for custody, visitation and support in order for the dad to visit with the child etc.
If you were not married to the father and have not filed a Petition to Establish Parentage with the court, then verbal agreements between the parents... Read More

i was ordered by a family law to surrender passport. there are no grounds for making this order..do i have to comply

Answered 12 years and 9 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
A state judge cannot "revoke" a passport.  That authority lies exclusively with the Federal Government.  If the Court ordered you surrender the passport to the court to be held by the court, you can file a motion to get it back.   Without knowing the reasons why, I can't offer any other advice.... Read More
A state judge cannot "revoke" a passport.  That authority lies exclusively with the Federal Government.  If the Court ordered you surrender... Read More

Can my in laws get visitation of my four year old son?

Answered 12 years and 9 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
They can file a motion to request the court order visitation, yes.
They can file a motion to request the court order visitation, yes.

how does a judge determin lawers fees

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Family
it is based on the normally accepted legal fees in your area. in rural mississippi it may be 125 an hour. in LA it might be like 300 an hour.
it is based on the normally accepted legal fees in your area. in rural mississippi it may be 125 an hour. in LA it might be like 300 an hour.

changing my name

Answered 12 years and 9 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You need to go to court.   If your request is granted, get several certified copies of the order, as you likely will need them for the passport agency, DMV, etc.  You will need to contact the agencies to find out what is required to change your drivers license, passport.
You need to go to court.   If your request is granted, get several certified copies of the order, as you likely will need them for the passport... Read More

can the father of my daughter get custody of her?

Answered 12 years and 9 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
I assume that you are not married to the father? Are there any existing court orders for custody and visitation?  It sounds like there are no court orders.  If the father wanted to visit with the child, he would need to file for it in court and you would be served.  It doesn't sound like he is going to do this and since he has no court orders for the child, then at this time he would not have any legal rights to the child.... Read More
I assume that you are not married to the father? Are there any existing court orders for custody and visitation?  It sounds like there are no... Read More

Can I move out of state?

Answered 12 years and 9 months ago by Stephen Marc Drucker (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You would need to file a Request for Order to request a 'move away'.  The judge makes a decision based on the reason for the move and other factors.  It's best to document everything that the dad had done so that the judge can make a decision.
You would need to file a Request for Order to request a 'move away'.  The judge makes a decision based on the reason for the move and other... Read More

last name changed

Answered 12 years and 9 months ago by Richard Morris Helzberg (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
It is not complicated, but see if your county has a self-help facility so you can get assistance in filling out the forms.  It is a request, which needs to be served on the other party, and a hearing date is set and the other party can respond to your motion requesting the name change and appear in court to present his/her position.  You can do it yourself unless the idea of showing up in court to argue it with the other party is something you don't want to do.... Read More
It is not complicated, but see if your county has a self-help facility so you can get assistance in filling out the forms.  It is a request,... Read More
Family Law
California

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