California Family Legal Questions

If there is a restraining order in place, why would the spouses get married during the RO? The question itself look to be more theoretical than practical. If you would like the marriage to be void // null than you would have to present sufficient evidence for your bases to have the marriage null/void. By entering into the marriage with an active RO is a violation of the RO but does not and theoretically will not classifiy the marriage to be null. To determine if a marriage can be annulled, please see grounds for annulment. ... Read More

Not every court order is modifiable. But I would assume it would be possible to stop it but will have to review the court order and would like to know more details about the case. When you have time to review my profile and reach out if its something you would like to work with me on. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

It’s sad and unfortunate but you need to face realty and speak to a Family Law Attorney right away to protect your 1/2 or more of the property and finances you have. He will spend it if you do nothing. Look for a good divorce attorney and protect your portion of everything you have. ... Read More

It is possible for you to change your name without the assistance of an attorney. Most courts offers fill in the blanks forms. However, if your forms are not filed correctly or you failed to publish your petition, then it wil be denied. Most lawyers will prepare your documents for less than you think. It may be worth hiring a lawyer to have it done right the first time.... Read More

Department of Children and Family Services (DCFS) has authority to remove a child from a home for abuse and/or neglect.  You should contact DCFS, rather than ignore them, but you should take adequate steps to secure your house so that the social worker is convinced that you have fixed the issue.... Read More

Hello-   It depends what the court order says regarding visitation. If it is silent, there is no court order so you could not be in violation. Pull it out and look at it. If you are required to do all the driving both ways, you may want to consider going back to court to modify the transportation order. However, beware of returning to court. It is often a can of worms with unintended consequences. You may take Mom back to court for a different transportation arrangement and end up with a court order requiring you to pay a substantially higher amount of support because Mom filed a request to modify support in response to your paperwork.... Read More

You absolutely need a court order- it would be a felony under California Law (PC 278.5) for you to simply take your child to Florida, regardless of what is going on.  Hire an attorney.  If you can't afford an attorney, see the Family Court Facilitator, who is an attorney and without cost to you, as your county courthouse and find out how to proceed. You clearly have your daugther's best interest at hand, and now you have direction on how to fulfill your obligation to her.... Read More

You cannot waive personal service but you can ask the Court to permit you to serve in an alternative fashion, such as service by publication.  You can do this by drafting a declaration of due diligence describing your efforts to locate and serve the other party and submitting a request for order requesting permission to serve him/her by publication.     See Code of Civil Procedure 415.50: (a) A summons may be served by publication if upon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action. (2) The party to be served has or claims an interest in real or personal property in this state that is subject to the jurisdiction of the court or the relief demanded in the action consists wholly or in part in excluding the party from any interest in the property. (b) The court shall order the summons to be published in a named newspaper, published in this state, that is most likely to give actual notice to the party to be served. If the party to be served resides or is located out of this state, the court may also order the summons to be published in a named newspaper outside this state that is most likely to give actual notice to that party. The order shall direct that a copy of the summons, the complaint, and the order for publication be forthwith mailed to the party if his or her address is ascertained before expiration of the time prescribed for publication of the summons. Except as otherwise provided by statute, the publication shall be made as provided by Section 6064 of the Government Code unless the court, in its discretion, orders publication for a longer period. (c) Service of a summons in this manner is deemed complete as provided in Section 6064 of the Government Code. (d) Notwithstanding an order for publication of the summons, a summons may be served in another manner authorized by this chapter, in which event the service shall supersede any published summons. (e) As a condition of establishing that the party to be served cannot with reasonable diligence be served in another manner specified in this article, the court may not require that a search be conducted of public databases where access by a registered process server to residential addresses is prohibited by law or by published policy of the agency providing the database, including, but not limited to, voter registration rolls and records of the Department of Motor Vehicles.... Read More

It is important to know whether she was married at the time of the child's birth.  A child is presumed to be the natural child of the marriage if the presumed father and the mother were married at the time of the child's birth.  I would suggest that you consult with an attorney in person to discuss your case further.  A motion for genetic testing should normally be brought within 2 years of the child's birth.  ... Read More

You are correct.  A lawyer is not permitted to represent or counsel two parties who are adverse to one another in the same or similar actions.  I am presuming that you formed a legal relationship of trust and confidence with this attorney when you consulted with him and shared with him personal and private information concerning your case and your intentions in relation to the litigation.  That attorney-client relationship was violated when he agreed to represent your ex.  You have not agreed to waive the conflict of interest that arose when he met with you.  You may file a request for order seeking that this attorney be disqualified from representation of your ex and to be precluded from sharing any confidential information from your consultation appointments with your ex or his new counsel.  You may also report him to the California State Bar for ethical violations if you feel that is warranted based on the circumstances.... Read More

Your time for a peremptory challenge has passed.  Your only claim now is to disqualify the judge for cause.  These motions are very rarely granted and you must have cause - i.e. the judge has a personal investment in the outcome of your case, is biased against you for some reason, etc... I almost never recommend filing a motion to disqualify a judge for cause because you very likely will lose and then you have to proceed to trial in front of that same judge.  If your lawyer isn't clear on these rules then you might consider getting a second opinion with another experienced attorney in your area.... Read More

It is a little difficult for me to follow your question, i.e. which mother is causing the problems.  In any case, you will not be liable for your husband's child support obligations.  The only way it might impact you is in relation to his tax filing status.  California uses a statutory child support guideline to determine how much child support parents must pay.  This formula includes both income and tax deductions.  So, if his taxes go up because of your marriage and resulting change in tax filing status then his support might go down.  If his taxes go down, his support might go up.  The amount he must pay is based in large part on how much net income is left to him each month. You can further protect yourself by having your income deposited into a separate account so that in the event that she seeks to collect a child support judgment against your husband's accounts your money will be protected.   If she files with the department of child support services your husband should be prepared to turn over documentation reflecting the amounts that he has paid her voluntarily to ensure that any arrears are correctly calculated. Finally, child support isn't taxable income, so your husband can't claim it on his taxes as a deduction and she isn't required to claim it as income either.  However, he can make the case that her free rent should be attributed to her as income, but I would suggest that he consult in person with an attorney to discuss these more complicated aspects of his case.  I hope this helps you! Best of luck.   ... Read More

You haven't posed a question, but I will assume you are wanting to know whose proposal is more reaonsable under the circumstances.  Regarding child custody, assuming the domestic violence issues are truly resolved, it is most likely that you will get an order for joint legal and joint physical custody.  Regarding the parenting schedule, it isn't a black or white issue. The court will do what is in the child's best interests based on the facts that are before the court.  Most judges, and most mediators retained by the courts, are biased in favor of a 50/50 parenting schedule (such as your proposed schedule).   Regarding child support, unless Mother waives her right to child support the Court will order you to pay guideline child support (I am presuming that you substantially out-earn her).  The guideline is primarily based on the parenting timeshare and income (taking into account tax deductions and exemptions).   I hope this helps answer your questions.  ... Read More

Great news:  your an adult.  Of course you can move out and take what is yours, meaning your clothes and stuff you either bought yourself or was given to you.  As you are concerned about your dad and mom's response, you should go to the polcie station and explain what you want to do and ask if they will provide a civil standby, that is, have a patrol car there when you leave with your stuff.  If they will, great, and if they won't, then you might have a friend with you for support.... Read More