California Family Legal Questions

When you are not married and you have a child, you would need to file a Petition to Establish Parental Relationship with the family court.  This would establish the father and address custody, visitation and support for the child.  You & the dad can also agree on these issues once filed and served. The courts look at what is in the best interest of the child.  It may be a good idea to get legal advice so you understand your rights in your specific situation.... Read More

In a word, no.  If you seep it separate, meaning, for example, a separate bank account, that will ensure it remains yours.  If you put in a joint account it could be commingled with the joint account funds and be transmuted or changed into community funds, to which you and your spouse are entitled to an equal share.... Read More

Your mother may have a claim for some of the proceeds from the sale of the house. Was there a mortgage on the house at the time that they were married? If there was a mortgage, community funds were presumably spent to pay down the mortgage, which would likely give her a partial claim. Thanks,Jon... Read More

It sounds like the current order for the dad is 'reasonable visitation' which is not enforceable.  The dad would need a specific order in order to enforce it.  Further, child support is to be paid to the mom and not to the child.  If you wish to share monies with your daughter, you can do that but the money should be paid to you. If the dad wishes to change his current visitation order, he would need to file that with the court and the daughter's choice will be taken into consideration.... Read More

The father is unable to give up his rights just because he wishes to do so.  This could be done in the event that you marry and your spouse wants to file a 'step-parent adoption' and at that point the biological dad would give up his rights.  In effect, if the child was adopted then rights would be given up. The father does not need to visit the child or be part of the child's life.  However, if you want child support you could request it.... Read More

In this type of circumstance, it is best to get legal advice so you understand your legal rights & options.  If she leaves with the children, she must tell you where she will be living.  If you feel that she is behaving unreasonably, you can file an 'ex parte' (emergency) order to address child custody, visitation and support.  Normally, in this type of situation, you would file for divorce and then file a Request for Order to address child custody, visitation and support as well as spousal support.... Read More

Unless his wife or someone else has been appointed by a court as this man's guardian (not just POA), no one can prevent him from refusing medical care and leaving the facility. However, after he has done so, anyone can call Adult Protective Services and ask that they review the situation. Furthermore, just because he wants to return home doesn't mean that he can be properly cared for at home, even with in-home health services. His decision will impact his wife directly and she has a right to have some say in the matter.... Read More

Divorce is complicated and often the court does not reject paperwork until the end...so it is always best to speak with an experienced divorce lawyer so you understand your legal rights and options. It is important to understand that a Request for Order is for temporary orders and not permanent.  When your spouse was served, did she respond?  If she did, you can now do a 'stipulation' which is an agreement for temporary orders that is signed by both parties.  There are some counties that may want it notarized as well. For the divorce, if your spouse responded to that, you would need another stipulation with the permanent agreements with regard to child issues, spousal support as well as assets and debts and any other issues that you may have.... Read More

If the parents are still married, then such travel, without permission, can be a felony abduction. If the parents are divorced, it depends on the language of the custody orders. In either event, the traveling parents needs a permission letter from the other parent, whether traveling by air or other means (car, train).  You can Google: CA Penal Code §278.5.... Read More

You need to check with your other parent to see if there are any court orders that prevent that parent from seeing you.  If not, then there is no legal reason why you can't.  How your other parent feels about it is the other factor and you need to check in about that and then make up your mind. Good luck!... Read More

Yes. You would need to go into court and request an order to state that only you or your ex-wife may pick-up and drop-off your children.  You can also obtain an order preventing the new boyfriend being alone with your children. Especially since you believe he does drugs.  If you would like further assistance in obtaining these orders, feel free to contact me at your convenience. ... Read More

The courts gave you 6 months to make your best efforts to reform and it sounds like you were not able to take the action needed.  You may wish to call the court to ask if they could give you more time to make the changes necessary before the adoption occurs.  However, it is unlikely that they would grant your request. Unfortunately, it doesn't sound like you take responsibility for your inability to change.  It would be best to make every effort to stay off drugs, get a new group of friends, a job and a place to live.  There are people & organizations who could help you--but you must WANT to change! Childhood goes by quickly and when your children are adults (18 yrs) they may wish to meet their biological mother.  Make sure you become the person that they would like to meet!... Read More

I do not think anyone completely understands the health care regime we now find ourselves in. Things will gradually sort themselves out. My understanding is that it is no longer possible to exclude someone from coverage, due to a pre-existing condition. Whether that means he would qualify for a plan as good as yours or not is impossible to say. I would discuss your concerns with your provider and see if they can give you additional insight.... Read More

The best approach is to cooperate fully with the social worker.  Does your boyfriend have an existing order for custody of the child with the biological mother?  If he does not, he should file a 'paternity action' which will address custody, visitation and support for the child. If you marry your boyfriend, you could file a 'step-parent adoption' in order to adopt the child.  The biological mother would have to be served.... Read More