California Family Legal Questions

Even if a minor does not have right to property, you should be able to assert possession of the violin based on the fact that it belonged to you as an adult. A contract entered into by a minor can be invalidated, but when the minor reaches the age of majority, a minor can reaffirm the contract and it becomes valid and enforceable. Here, if the violin belonged to you as an adult, then I would argue that the gift to you was reaffirmed after you reached the age of majority.... Read More

The best thing to do is to send him a letter that you no longer require his services.  Then you request a full accounting of money spent as well as your file with all documents etc.  Normally the attorney will file a 'substitution of attorney' form with the court.  If he does not do this, you could prepare it and he would need to sign it.  If he refuses, you would have to report him to the State Bar. If you feel you have been cheated, you can report the attorney to the State Bar.  You can also hire an attorney (malpractice attorney) who can make a case against the attorney in court depending on the evidence.  ... Read More

The most difficult part of your divorce is the service in another country.  We have had success when the spouse is cooperative and there is an agreement which is signed and notarized by the spouse. The CA courts usually accept this as service. The only other alternative would be to file for divorce and serve him when (and if) he comes to CA.... Read More

All of the allegations seem very hard to prove. Your sister in law would have a difficult time in court assuming her grandmother is dead. Assuming the grandfather was incompetent when he gave it to your husband, the gift might be overturned. It seems unlikely that either your husband or sister in law has a good claim to the ring over any other heirs.... Read More

In regard to what appears to already be an attorney fee award to your wife, payable by you, if it is not paid "as and for child support" you are correct: this is a "civil debt" under a civil Judgment that is accruing interest at the Judgment rate:  10%.  Yes you have to pay it even though you do not have a contract with your Wife's attorney as it is a Court order.  These orders are rendered normally under Family Code 2340 and Family Code 271.... Read More

In regard to Miltary Benefits, go on line and see what may be available to you.  I don't know your age so I don't know if you would qualify.  Agent Orange, however, was utilized in the Vietnam War so you are probably an adult.  Just because the spouse of your father is receiving a military retirement as a survivor participant doesn't mean you would be entitled to any retirement benefits.  These benefits would only apply to spouses of your father. Know that you may be able to secure other benefits, however.... Read More

You file an petition to change your name in the Superior Court. The process is a bit longer than can be described here, but the California Superior Court's website has a good "how to"guide for an adult changing their name. Check out the page at http://www.courts.ca.gov/1051.htm. It shouldn't be too difficult as these are not adversarial matters where you are fighting someone else to get what you want. If you follow the procedure, generally you'll get the legal name change from the Court. Be sure, however, to follow-up on the post-order requirements such as changing your name with Social Security, etc... David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."... Read More

I am sorry to hear of your problems. Yes, there are pro-bono attorneys in Orange County who may be able to assist you. First I would suggest that you contact the Public Law Center. They are located in Santa Ana, and coordinate attorneys willing to perform pro-bono work and prospective clients who are in need. Second, you can check with the family law court - they often have clinics at the courthouse which help people to represent themselves in various family law matters. Finally, you can reach out to several family law attorneys to see if any are willing to take on your case with the understanding that they will be paid by your wife when an attorney's fee award is made. That later is a long-shot, but there are potentially some attorneys willing to do so.  David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com  *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."... Read More

You need to hire an attorney to establish guardianship or a conservatorship over your aunt. You risk a lot by simply showing up and attempting to fly her out of the country. Obviously, someone has to complain for that to be a problem, but it could be as simple as her making a comment at the airport that she's being kidnapped or that she doesn't want to go and you could face civil and criminal penalties. You need an estate planning attorney as they generally are able to establish conservatorship and/or guardianships in cases such as this. If you need a referral, use this website or call the county bar association in the county where she lives - they can give you pre-screened referrals to an attorney who can assist you. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com  *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."... Read More

I am sorry to hear of your troubles - nothing makes a divorce worse-than having a bad attorney. First thing to make note of is that you likely need to re-post this question indicating the state as Texas. You really need a Texas attorney's opinion and counseling as the retainer agreement between you and your attorney is likely governed by Texas law. Further, since your attorney is licensed in Texas, you need to know what the ethical rules are governing Texas attorneys. Second, read your retainer agreement with the attorney. If the retainer is anything like my retainer agreement, you should be able to terminate your attorney on 30 days' notice. It is unusual here in California for a retainer to provide that you're stuck with that attorney until the matter for which he was retained is concluded. Again, however, that is a question of Texas law and not California law. Third, I can tell you that here in California the number one complaint to the State Bar is failure to communicate with clients. I would suspect that Texas is the same. Re-Post this to a Texas attorney, and also read your retainer agreement. If you cannot get out on reasonable notice, then you may wish to consult a legal malpractice attorney, and/or file a complaint with the Texas State Bar. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiagibbslaw.com  *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."... Read More

Custody is always modifiable as it is neither you or your ex-wife's right. Rather, it is the child's right under California law.  I am not sure where you are in your paperwork but, depending on that, there may be a way to keep your children here.  You need the advice of a good family law attorney.  I suggest a Certified Family Law Specialist.... Read More

You do not need to file for a legal separation in CA in order to file for divorce.  There are reasons to file for a legal separation--some of them are religious, or financial.  If you file for a legal separation and then a divorce at a later date--you will pay twice. The fees for a legal separation (or a divorce) vary among attorneys and depend on a number of factors.  If you & your spouse are in agreement over your issues, your fees will be less.  If you cannot agree, you will need to address your issues in court and that is more costly. Most attorneys charge retainer and hourly rates.  You can request that attorney fees be paid by spouse but that doesn't mean that they will be.  Normally that is addressed in court and the judge will make a ruling as to whether the circumstances are such that he would need to pay and has the ability to pay. There are some lawyers, like Legal Action Workshop, who offer a flat fee model which is more cost effective than the hourly system.  We would suggest speaking with a number of attorneys to see which system works best for you.... Read More

It would be best to give the father written notice that you will be leaving for the period of time and that he can exercise his first right of refusal to have the children stay with him during your leave.  If he does not respond explain where the children will be and that he can continue his visitation schedule as per the court order.... Read More

When you have children and are not married, you require a Paternity Action, also called a 'petition to establish parentage'.  This will address custody, visitation and support for the child.  This will be a court order, as opposed to what you have currently which is simply a verbal agreement.  It is best that you speak with an attorney who can explain your legal rights.... Read More