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California · Family Law, Estate Planning · Bar #CA-284719
Can my ex-spouse modify our custody agreement if they relocate out of state?
AI-Generated Answer
Yes, under California Family Code §3024, a parent who plans to relocate with a child must provide written notice to the other parent at least 45 days before the proposed move. The non-relocating parent can file a motion to modify the custody order. Courts evaluate relocation requests under the "best interests of the child" standard…
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CA – Los Angeles
Family Law
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CA – San Diego
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CA – Sacramento
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CA – San Francisco
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CA – Orange County
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AI Answer Reviews
4 answers pending your review in California
CA · FAMILY LAW
Needs Review
Can my ex-spouse modify our custody agreement if they relocate out of state?
AI-Generated Answer
Yes, under California Family Code §3024, a parent who plans to relocate with a child must provide written notice to the other parent at least 45 days before the proposed move. The non-relocating parent can file a motion to modify the custody order. Courts evaluate relocation requests under the "best interests of the child" standard, considering factors like the child's ties to the community, the reasons for the move, and the impact on the existing visitation schedule.
CA · ESTATE PLANNING
Needs Review
What happens if I die without a will in California?
AI-Generated Answer
If you die without a will (intestate) in California, your assets are distributed according to California Probate Code §§6400-6414. Community property passes entirely to your surviving spouse. Separate property distribution depends on whether you have children, parents, or siblings. If you're survived by a spouse and one child, your spouse receives all community property and half of your separate property.
CA · FAMILY LAW
Needs Review
How is child support calculated in California?
AI-Generated Answer
California uses a statewide uniform guideline formula under Family Code §4055. The formula considers both parents' net disposable incomes, the percentage of time each parent has physical custody, and the number of children. Additional factors include tax filing status, mandatory payroll deductions, and costs of health insurance for the child. Courts can deviate from the guideline amount only under specific circumstances outlined in Family Code §4057.
CA · ESTATE PLANNING
Attorney Reviewed
Can I contest a will in California, and what are the grounds?
AI-Generated Answer (Reviewed)
Yes, you can contest a will in California under Probate Code §8200. Common grounds include lack of testamentary capacity, undue influence, fraud, duress, or improper execution. A will contest must generally be filed within 120 days after the will is admitted to probate. Standing to contest is limited to interested parties — typically those who would inherit under a prior will or intestacy laws.