California Family Law Index 14

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Links to Family Law and Related Statutes in California

California Family Law Code:

All California Statutes: leginfo.ca.gov

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Discussion

  • Ralph Anthony Lahn

    I recently filed for divorce through the Pomona Court House and missed my court date for the mediation due to not being able to locate my spouse, do I lose my filing fees?

    • You should consult the local family rules in your county. Generally, you have a certain number of days from the date the Petition for Dissolution was filed to serve the other party. You should always make all court appearances even if it is only to inform the court you were unable to serve the other party.

  • Cheryl

    Under Sex Laws in california can I sue someone for adultery?

    • Monica

      California is a no fault state, so adultery is not relevant in a divorce case. It is possible to bring a civil action claiming emotional distress or something similar, but those suits are hard to prove and expensive.

  • A non custodial parent calls and reports to CPS that the custodial parent failed to give medication to child in a timely manner. The mother,being the non custodial parent calls CPS and then tell the father, custodial parent, that CPS said he couldn’t come get them. He calls CPS and the social worker says “Well maybe you should just let them stay the night and we will meet tomorrow.” Is that statement law or does the custodial parent have to be somehow legally notified of a “no contact?” This is obviously case of custodial interference, but CPS doesn’t know what they are doing. They didn’t even contact him, he had to call them.

  • rick

    i have joint legal and physical custody of our 3 yr old. we all live in nor cal and i was wondering if i need permission to take our child to so cal for the weekend during my scheduled time?

  • Courtney

    I have been married for a little over 2 months. My husband has been gone for a month of it. We have not consimated the marriage, however we do have a child who was born before the wedding. Do I qualify for an annulment or do I have to file for a divorce?

  • alan love

    My wife and I recently got married, I am currently staioned in italy, I am in the airforce and want my wife to come and live with me but there are complications with our son’s biological father. I say son because I have been in his life since he was one and is turning five in december. What my concern is that he had signed the birth certificate when he was born without her consent she was sedated at the time from the operation. He has never really been a father to anthony like I have and I want him to grow up with a good example and upbringing. – was wondering what we have to do to get her to come and live over here with being able to take our son as well. (He biological father has no legal custody because it was never established. He has never paid child support at all. I need to know what there is out there to help us to either revoke his privaleges or can she just come because he never established any type of custody over anthony. Thank you for your time.

  • Ronna

    daughter has 50/50 custody of 9 year old son .judgment was made when child was 1 ..was never married to father . Father is continually obstucting my daughters custodial rights..will not return her son almost on a continual basis. father makes child call mother and say i am not coming home and mother states you need to come home ..the father refuses to get on the phone and all messaging is being done through texting from father to mother. Recently mother went to the school to try and retrieve her child after school and was informed the child has not been going to school for almost a month while in dads custody.. Have gone to school district and they actually went to his home looking for child .they claimed charges could be brought against him for the truancy of the child.. they claim my daughters hands are tied though due to the fact the father enrolled the child in the school and did not include the mother on enrollment .They will now not let her enroll him in a school at all due to him not including her on the enrollment in the begining. So nothing has been done about him not going to school due to an employee at the childs school being personal freinds with the father.. .my daughter called the police ..they will do nothing ..to get child back on schuedule with mom and this is after we have spent thousands of dollars on lawyers including getting restraining orders due to the fathers violent behavior! the police officer states go back to the judge..we have done that years ago and they are not upholding the law and enforcing custody judgments..childs education now being jeopardized due to the lack of any help with enforcement.. no one wants to get involved. the father being very manipulative and has brought charges and investigations against local law enforcement after arrests were made to due abuse to my daughter and other members of family.. need direction here ..feel child is very confused and becoming isolated from all of our family including child cousins that he has alwazys been very attatched to.. sorry for confusion this is how we live our lives.. no order at all sit and wait for child at court ordered destination for child exchange and no child .. please give some kind of direction here feeling very frustrated and worried for grandchild.. high desert california..

  • herbert Diaz

    I share 50/50 sole and legal custody. The other parent has moved and we live about 30 minutes from each other. What is the law concerning where the childs school would be located?

  • concerned mother

    Over summer vacation my 5 year old son spent several weeks with his noncustodial parent. During that time he was exposed to marijuana smoking on a constant basis and even given some hasch to eat. He was also in the care of his uncle who got arrested for transport of hasch, meth and a concealed weapon two days after he and his brother picked up my son. My son came home to me and said,” My Dad is going to have my uncle kill XXXX even if you guys break up” During this time he also was exposed to domestic violence at the uncle house. I have a three year restraining order on the father. He violated the order in Dec 2011 he called and threatened me several times I have a police report and transcribed messages. As soon as my child divulged this info I filed an OSC. I have also made a report with CPS and my son is in counseling the counselors also filed a report with cps. I did not let the noncustodial parent have his visitation over thanksgiving and I am not going to let him have him over Christmas. He is allowed to talk to him two times a week. However the last time he talked to him he said strange stuff. Do you think I have enough evidence to protect me from custodial interference?

  • ANNIE

    My husband hit me today so I called 911 for fear of him killing me. This is the first time he ever landed his hand on me because I wanted him to stop seeing our neighbor Cristina who keeps on dropping her 5-year-old daughter off my house so my husband and her can see each other.

    My husband left because I called 911. He said I crossed the line.

    I feel this will result to divorce. I want to file charges to both of them ruining my family and our marriage. I have a 5-year-old daughter who goes to school with Cristina’s daughter and she witnessed everything when her Dad was hitting me. I do not deserve this and I have to fight for my rights.

    I called Cristina 5 times already not to drop off Lizzy, her 5-yr-old daughter but my husband and her insisted. It was 8 p.m. last night when she insisted to drop off the child and since it is a 5-yr-old kid, I had her slept over my house again.

    I did not like what my husband said that, “Oh, you’re so pretty like your mom!” That insulted me a lot. My husband said that he is referring to Lizzy (the girl) and not Cristina (the mother of the girl). I got mad and he hit me in my arm and pushed me in my mother’s bed. My daughter and mother saw everything so I called 911. My husband said, it’s my fault so he left with all his stuff.

    I suspect he will call Cristina and plan for something.

    Please help me. I want to protect my daughter from him and her evil scheme, whatever it is.

    I love my husband so much but it was Cristina who gave motives a lot of times: talking to my husband for hours, following my husband to our bedroom while I was in the hospital. Having an attitude with my mother and rolling her eyes on her. It is always my mother who takes Lizzy and my daughter to school, picks her up, feed her and bathe her.

    Now, my husband left because I get mad when he shows “kindness” to Cristina and Lizzy.

    Please help me. I do not know what to do. I love my husband so much but he already left me because of Cristina.

  • Larry

    What is the law concerning employer provided health benefits in each of the different types of separation in the state of California?