California Family Legal Questions

It is unclear what you mean by a court document, but I assume you mean a findings and order after hearing.  While for many purposes a third party or agency may accept the court's minutes as proof of a certain order, the court's minutes are not an order of the court and do not replace the need to prepare and file an order after hearing. ... Read More

You are not entitled to an inheritance if your father leaves a will or trust and disinherits you.  If he dies intestate, meaning he doesn't have an estate plan, you would be entitled to receive the same amount as your half-siblings.  In addition, you should talk to your mom about whether she ever pursued child support against your father.  If there is an outstanding child support obligation, you can pursue collection of those funds against his current assets.  I hope this answers your question.... Read More

Based on what you have stated, a court would not award him custody. However, he may get visitation. First, you should wait until he files something so that you can respond. It is best not to communicate with him or have a discussion about it. At this point he has no rights--he may have some if he files etc. You do have choices if you feel he may get some visitation--you could ask for supervised visitation and make this very restricted. Be advised, the court is looking at what is in the best interest of the children and if the court determines that it is not in their best interest, then visitation may not be awarded.... Read More

You need to file a Petition to Establish Parental Relationship to establish yourself as the father and address custody, visitation and support for the child. Unfortunately, you will have to file this where the mom now lives. Verbal arrangements are usually not followed so you actually need court orders. Child support is based on both incomes (mom & dad) as well as the amount of time spent with the child.... Read More

Well this is certainly a sad situation.  Your boyfriend can abandon his child, but he can't sign over his parental rights unless another parent is ready and willing to step into his shoes (i.e. a step-parent adoption).  He can relinquish legal and physical custody of the child to the mother, in which case he will not be included in important decisions relating to the child and will have no contact with him.  However, he will still be on the hook for child support until the child graduates from high school or another parent adopts him.  This child support can, and likely will, include additional amounts for uninsured medical expenses and daycare.  Moreover, the amount he will have to pay may be pretty high in light of the fact that he has no relationship with the child.    ... Read More

Absent a court order directing otherwise, both parents have an equal right to make custodial decisions regarding the child.  This could potentially place the school in a difficult position, but ultimately they are empowered to go forward with services upon the approval of only one parent with legal custody.  Assuming you are one of these parents, you should go to court and seek a court order concerning both the issue of legal custody and specifically how future IEP's will be handled.  The child deserves to have his parents work cooperatively to resolve his educational issues.  Moreover, there are ramifications to denying child special education services that the objecting parent may not realize.  Be sure to do some research on these issues before making a final decision.   Best of luck. ... Read More

I am sorry to hear of your diagnosis, and that your ex is attempting to access your records during this difficult time.   In answer to your question, yes, your medical records are highly confidential.  There are certain circumstances in which a court will permit some or all of your medical records to be reviewed, but these are limited to circumstances in which they are legally relevant to your case.  So, for example, if you claim that you cannot work because of your medical limitations, and as a consequence your ex-husband has to pay more support, a court might find that it is appropriate for you to disclose those medical records that are sufficient to verify the nature of your disability and your limitations on employment.  Without knowing more about the facts of your case, it is difficult to say whether they should be released.  However, if you have been served with a subpoena for your medical records, you must object ASAP, and you can file a motion to quash as well.  If you can afford to consult with an attorney in your area I would suggest you do so, due to the somewhat complicated nature of this question and the urgency of your response.    ... Read More

Family Code 4323(a)(1) states that "Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a person of the opposite sex." If your divorce is final, you can file a request for order to modify or terminate spousal support based on wife's cohabitation. It is not certain how your judge will rule on this issue. Keep in mind that if he has no income, she may be able to rebut the presumption that she has a decreased need for support because the new boyfriend is not contributing anything to her household expenses. You may also be able to show that she is using your support to subsidize her boyfriend's expenses - and a court would not likely permit that to continue. If she remarries, spousal support will certainly cease. Because this is a fact specific question, it is likely one that is worth consulting with an attorney about in person. Best of luck. ... Read More

This isn't technically a family law question, but I will do my best to assist and have tagged the question under education law so that other attorneys may provide further input. You cannot legally separate from your parents at this point for FAFSA purposes.  However, if your parents are separated and living apart, even if they haven't obtained a judgment of legal separation, you still only have to report one parent's financial information.  You are supposed to select the parent that you lived with for more of the preceding year, but in your case it sounds as though it would be safe to select either parent as you did not live with either one.  I hope this helps you obtain the funding you need. ... Read More

I am so sorry to hear that.  You might consider retaining an attorney or filing for de facto parent status. A de facto parent is defined as "a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child's physical and psychological needs for care and affection, and who has assumed that role for a substantial period." (California Rule of Court 5.502).  If you are approved as a de facto parent, you will have the right to participate as a party in the court proceedings, you can retain or in some circumstances even been appointed an attorney, and your situation as a foster parent will be less tenuous.  You might also consider an adoption when the time is right.  With respect to the personal issues you are having with your social worker - there isn't an easy answer to this.  Clearly she is behaving poorly, but getting into an antagonistic relationship with her is unlikely to produce the change you want.  Most DFAS social workers are overworked, underpaid, and under-supervised.  You might try to develop a rapport with county counsel so that he/she may be a resource in the future.   Best of luck to you and your family.   ... Read More

Your parents may have filed an emergency order (ex parte) with the court. You should go to the court and find out what was filed (ask the clerk). Make copies of the paperwork and make sure you know when the next hearing is. You will probably need to respond to whatever was filed and, if possible, have an attorney represent you at the hearing.... Read More

Yes. What you are requesting is called a civil standby, and the police can assist you.  If you have been living separately for a very long time, or there is a dispute concerning whether the items belong to you, the answer may be different.  However, in most circumstances, you can obtain a standby to obtain your personal effects post-separation.  Good luck to you. ... Read More

What an unfortunate circumstance you have been placed in.  If you won your lawsuit, you may have some means of recovery against your grandfather's assets and that is likely your best course of action. However, I am sorry to say that you are not entitled to an inheritance, regardless of why you were removed as a trust beneficiary. I hope you are able to achieve some relief now that your grandfather has passed.... Read More

You must go to court and obtain an order permitting you to move with the child accross the country.  If you have sole physical custody a court will very likely grant your request.  However, if the father is very involved, it may be a longer and more complicated proceeding.  If you can get the father to agree, you can avoid going to court and can enter into a voluntary stipulation.  You might consider seeing if he will agree to meet with a mediator to negotiate the terms of a settlement in order to avoid a lengthy and contentious court battle.  Good luck to you.   ... Read More

If you have already filed then you will need to serve your spouse (by mail if cooperative or by another adult or process server). Once served, she has 30 days to respond. In your case it would be best to have an attorney prepare a marital settlement agreement that outlines the current custody arrangement as well as child support.... Read More

You've had a long marriage and you currently have a differential in income (one of the factors for spousal support) so if you spouse requests it, she may get it. First there is temporary support which is largely based on 2 factors, namely need and differential in income. If she wants spousal support, it is likely that she could show the court that she has need, at least until the trial phase. Then, at the trial phase, permanent orders for spousal support are made based on many more factors such as number of years married, difference in education, health etc. You will have opportunity to put forth your point of view in both the temporary phase and the trial phase and the judge will make a decision based on the evidence. An experienced divorce lawyer can tell you what you can likely expect.... Read More

You will need a legal name change in order to match all the names.  The name change petition must be filed and publicized for one month.  You will then have a hearing and the name change is usually granted.  There are times when a name change is not granted, mainly due to a criminal record. We can help with this if you wish to contact us.... Read More

You will need to speak with an Immigration Attorney for the Green Card issue.  Does your spouse live in California?  If you know where he resides, then you can file for Divorce and serve him.  You can also file a Request for Order to get temporary child support while the Divorce is in progress. We can help if you wish to call us.... Read More

Children don't decide, adults do.  However, the court does take the wishes of a child into its determination of custody and visitation, the weight of those wishes a function of the child's age and maturity.  If a child is 14 or older, there is the possibility that he could address the court (speak with the judge).  Family Code §3042.... Read More