Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a situation. My brother and his girl friend have

Customer Question
I have a situation...

I have a situation . My brother and his girl friend have lived together for about 9-10yrs his daughter is 7 turning 8 in April and his son is 2 yrs old. They have had issues during these years because his girlfriend seem bipolar and his him and makes holes on the wall and during this time the kids are inside the house living this situation so my brother left the house about a year ago and she remained living in my moms back house for free. The verbal agreement they had was they would live seperate for a while to see how things worked out but they would still see the kids. then she decided on her own to give him 9 days with the children and alternate and all of a sudden she changed it to he is allowed to see the children every other weekend with out any court order on hand. This past week she decides to tell him by text that he will not see his children until the court decides. She took his daughter out of school near the house in the middle of the year with out taking into account the childrens well being and my brother is unaware of where they are living now as she has not come home to my mothers back house where she was living for the past week. What can my brother do at this time? Can he go to police and file an abduction report? They have never been married but he is the father of both children

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

This is not real estate this is family law and it is in california

Lawyer's Assistant: Has anything been filed or reported?

I believe she filed child support as of now but nothing else

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i think this gives him a summary of what my question in order for him to give me some advise

Submitted: 18 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
2/6/2018
Lawyer: legalgems, Lawyer replied 18 days ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,935
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 18 days ago

I am sorry to hear this; can you clarify if there is an acknowledgment of paternity (ie the father's name is ***** ***** birth certificate)?

Ask Your Own Legal Question
Customer reply replied 18 days ago
the father's name is ***** ***** kids birth certificates
Lawyer: legalgems, Lawyer replied 18 days ago

Thank you; in such instances then it does not require a paternity order by the court; however in order for a father that is unmarried to the mother to have custody or visitation the father must have a court order to that effect. I know that seems unfair but if the parties are unmarried then the court has determined that only the mother is entitled to custody of the child.

This is stated in family code 7611 and basically while the acknowledgment gives a father parental rights, this has been construed to mean the right to petition the court for custody and visitation; that is explained here:

http://www.courts.ca.gov/selfhelp-parentage.htm

Additionally it should be noted that if a mother abruptly withholds the children from the father when the father has been involved in their life that can be taken into account when the father petitions for custody/visitation; I'll post this so you can review and then continue.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 18 days ago

Here are the statutory factors the court must consider in determining the best interests of the child:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3011.&lawCode=FAM

Please note this code that states the public policy preference is for continuing contact with both parents:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3020.&lawCode=FAM

so generally the court will look disfavorably on a parent that unreasonably affects this public policy goal.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Customer reply replied 18 days ago
if this process takes 2 months to get done he will not be allowed to see his children? What kind of law is this?
Lawyer: legalgems, Lawyer replied 18 days ago

It is possible to apply for temporary orders pending a final hearing;

also the calendar will depend on the local judge's calendar.

Unfortunately most fathers are not aware of this which is why this may occur- the legislature/court apparently does not take that into consideration. Most fathers are under the impression that if there name is ***** ***** birth certificate they have equal rights but unfortunately that is not the case and it is a harsh rule. I can only provide the information even if I don't agree with it but I do understand the pain/frustration this causes.

Ask Your Own Legal Question
Customer reply replied 18 days ago
ok so he is in court right now can he get this right away?
Lawyer: legalgems, Lawyer replied 18 days ago

That would be based on the judge's determination as to what is in the children's best interests so that would be impossible to say.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 18 days ago

But it is within the judge's authority to grant it.

Ask Your Own Legal Question
Customer reply replied 18 days ago
would their be a way to ask the judge to speak with Valerie his daughter that is 7yrs old. I am sure she will say how much her mom yells and how he would hit the father.
Lawyer: legalgems, Lawyer replied 18 days ago

Yes, the court may interview the child in chambers if the court wishes to speak with the child.

The parent may also request the judge to interview the child but that decision is up to the judge. The judge essentially has full control over the proceeding.

Ask Your Own Legal Question
Customer reply replied 18 days ago
ok is their anything else that he can file while in court?
Lawyer: legalgems, Lawyer replied 18 days ago

If custody or visitation is the main concern then a motion for custody/visitation would be the appropriate documents if paternity is already established.
The court may have a packet of forms that can be purchased for a nominal price.

Most local courts offer that service.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 15 days ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Was this answer helpful?
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,935
11,935 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I have a home owner"s policy on all my appliances,
I have a home owner"s policy on all my appliances, electrical etc, including my central heat and air. My compressor is croaking and will not run the airconditioner, and needs replacement. The company,… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,619 satisfied customers
My brother has a guaranteed Whole Life Policy thru ?United
My brother has a guaranteed Whole Life Policy thru ?United of Omaha of Mutual. This policy had a 2 year waiting period the policy started 2010. premiums where paid until there was a problem on his aut… read more
legalgems
legalgems
Lawyer
11,935 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question concerning school board policy's and
I have a question concerning school board policy's and challenging them to make exceptions. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,601 satisfied customers
My brother's policy contestable period will end on 2/15/18.
My brother's policy contestable period will end on 2/15/18. On 2/9/18, I got a letter from the insurance company saying a recent routine review of his Motor Vehicle report indicated that he lied on hi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
This is an Policy that the HOA board is implementing. Can
Second opinion] This is an Policy that the HOA board is implementing. Can the prohibit members form discussing information discussed in the meetings on social media. They are the governing body, and f… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
18,672 satisfied customers
I have landlords policy in Minnesota. Fire was caused by
I have landlords policy in Minnesota. Fire was caused by arson house had 8 unrelared renters instead of legal housing limit of 5. Policy is for 450k. Replacent cost are 600k. Will insurance deny claim… read more
Ray
Ray
Lawyer
Doctoral Degree
31,396 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,493 satisfied customers
Merchant return policy requirments. Florida. Merchant
No. Merchant resisting return after promising money back guarantee after only one day. … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
My mother took out a life insurance policy on me when I was
Hi, my mother took out a life insurance policy on me when I was a minor. I'm 27 now, and found out she's refusing to sign the policy over to me despite the fact I'm an adult and her agreeing to over a… read more
legalgems
legalgems
Lawyer
11,935 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,332 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
legalgems
legalgems
Lawyer
11,935 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
If a beneficiary to an insurance policy dies, do the
If a beneficiary to an insurance policy dies, do the proceeds get distributed according to that beneficiary's will or are they distributed according to the Insurance policy such as divided equally amo… read more
Michael Bradley
Michael Bradley
JD
1,222 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x