California Family Law Forms - Family Lawyer

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Family Law FAQ California Child Custody Law

What is family law? 

Family law consists of a body of laws related to domestic relations and family related issues. Family law deals with the nature of marriage, civil unions, and domestic partnership; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and matters such as divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards.

What laws apply in family law? 

Family law matters are primarily governed by state laws. Laws on these topics vary from state to state. Interstate compacts, or agreements, exist to aid in cooperation among states in family laws matters, such as child support and adoption.

The Uniform Interstate Family Support Act (UIFSA) gives a state "long-arm" jurisdiction over a child support debtor even where the debtor is a nonresident. This is an exception to the normal rules of law where a court would not have jurisdiction over a nonresident. A state would have this jurisdiction, essentially, if one party or child resides in the state or if the parties agree to transfer continuing exclusive jurisdiction to another state.

The Interstate Compact on the Placement of Children (ICPC) is an interstate compact that has been enacted into law by all 50 states in the United States, and the District of Columbia. It controls the lawful movement of children from one state to another for the purposes of adoption. Both the originating state, where the child is born, and the receiving state, where the adoptive parents live and where the adoption of the child will take place, must approve the child's movement in writing before the child can legally leave the originating state. This Compact regulates the interstate movement of both foster children and adoptive children


California Power of Attorney – By Type

In California, a Power of Attorney is a legal document that allows one person to make decisions and act on behalf of another person. There are different types of Powers of Attorney in California that serve different purposes. A General Power of Attorney gives someone the authority to handle all kinds of financial and legal matters for the person granting the power. A Limited Power of Attorney, on the other hand, grants someone the authority to handle specific tasks or make decisions for a limited period of time. Lastly, a Durable Power of Attorney remains in effect even if the person granting the power becomes incapacitated or unable to make decisions. It is important to carefully consider the type of Power of Attorney you need and to consult with a legal professional to ensure that your wishes are properly documented and protected.


Real Estate Power of Attorney

A real estate power of attorney in California is a legal document that allows someone, known as the "principal," to appoint another person, called the "agent," to handle real estate matters on their behalf. This means that the agent can make important decisions and take actions related to the principal's property. The power of attorney can be specific, limited to certain tasks or can be broad, giving the agent a wider authority. It is important to understand that the principal must be mentally competent when creating this document, and it can be revoked or ended at any time.


How to Get Power of Attorney in California

To get Power of Attorney in California, follow these simple steps in plain terms: First, find the correct forms, either online or from a legal office. Fill out the form, providing all the required information accurately. Next, you must sign the document, known as the "principal." Then, find a notary public or witness to witness your signature, as it needs to be notarized or signed in their presence. You may want to consult a lawyer to ensure everything is done correctly. Once completed, give a copy to your chosen agent or attorney-in-fact, and keep the original in a secure place. Remember, it's essential to communicate your wishes clearly and choose someone trustworthy to act as your representative.


California POA Requirements

In California, the requirements for a Power of Attorney (POA) are relatively straightforward. A POA is a legal document that allows someone, known as the agent or attorney-in-fact, to make decisions on behalf of another person, known as the principal. To create a valid POA in California, the principal must be at least 18 years old and of sound mind. The document must be in writing, signed by the principal, and properly notarized. It is important to choose a trustworthy and reliable agent who will act in the best interest of the principal. Overall, a POA in California offers a convenient way for individuals to ensure that their affairs are handled smoothly and according to their wishes when they are unable to make decisions themselves.