Can I ask for legal advice without getting a question as an answer or a referral to an attorney?

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I am pro se in a bitter divorce and custody battle. Unfortunately because of my soon to be ex wife's addiction to spending and credit card abuse I can't afford an attorney. Numerous times I have asked for legal advice only to be answered with a question or telling me to get an attorney. I only need to be pointed in the right direction. For example, "My wife has been emotionally and verbally abusing my two children for years and now they need therapy which she denies them access to. Our family care Dr. says they need this and it is in their records. Where in the family code can I reference to bring this to the court's attention?" The answers I get are "What are you trying to prove?" or "You really need a lawyer" What I need is Family Code Section XXXX.XX(A) Respectfully, An User

Attorney Answers

5
Michael Schwerin ·
Then go to the library and look it up. We are not here to do legal work for you. We are here to lead you in the right direction to move your case along.
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Ross Meltzer ·
Additionally, be aware that the judge cannot provide you legal advice which is probably why he or she keeps saying you should obtain a lawyer. I would recommend that you contact the Local Bar Association in your county. They may have someone who can assist in your matter.
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Michael Doland ·
I appreciate your frustration, but your frustration comes from unresonable expectations. There is no one code section whcih applies. It is a process. Bar associations may have a "brief bank" of written legal arguments that you can consult. The law library has texts, like California Forms of Pleading and Practice and under divorce you will find a section under custody which would probably help (and will provide sample forms). Beyond that, a lawyer cannot do "long-distance" representation based on a brief recital of facts with someone not his/her client. The malpractice exposure to the attorney, and the economics of lawyers paying for their offices and raising their families prevent it. Sorry this is such a misery for you.
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Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
The exact answer to your question -- "My wife has been emotionally and verbally abusing my two children for years and now they need therapy which she denies them access to. Our family care Dr. says they need this and it is in their records. Where in the family code can I reference to bring this to the court's attention?" -- is there is no family code section which deals specifically with this issue. You cannot expect an answer to a question that is unanswerable. So, in answer to your first question -- "Can I ask for legal advice without getting a question as an answer or a referral to an attorney? -- the answer is yes provided you ask a question that can be answered and you have provided sufficient factual information for a coherent response. In order to bring this matter to the attention of the court you need to file an appropriate motion or order to show cause. Information, forms, and self-help can be found at the Ventura County Superior Court website: http://www.ventura.courts.ca.gov/family.html
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Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
The reason you're not getting a simple answer to your question is that there ISN'T a simple answer to your question. The way you bring facts "to the court's attention" is by offering admissible evidence. Attorneys spend a full semester in law school learning what is, and isn't, admissible evidence, and how to present it to the court, and the good ones get a bunch of additional training as well. The current California Evidence Benchbook, which judges use as a reference, runs well over 1000 pages currently. Before anyone can help you at all with this question, you need to be say WHAT facts you are trying to prove, HOW you think you will be able to prove them, and WHAT you want the court to do with the information. In order for a LAWYER representing you to offer the same information to the court, he or she would need to know the answers to those same questions.
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