Q: My husband and I recently moved to Sacramento from Reno, and now that we live here, we want to get divorced. Do we need to file for divorce in Reno, where we got married, or can we file in California? Melissa A:  Sorry to hear about your situation.  Moving to a new city and all of the changes that come with it can really put stress on a marriage. According to the California Courts Self-Help website, California has jurisdiction over a marriage, and the power to dissolve it, only if at least one spouse has lived in California for a certain period of time.  Either you or your spouse must have lived in California for at least six months, and in the county where you plan to file your pap

Q: My ex has only seen our son a few times over the past six years, which is fine by me because he’s a bad influence. He’s also way behind on child support, which is fine. I don’t need his money - I can support my son by myself. My ex says he wants to give up his parental rights, in exchange for me dropping support. Can we do this? I’d be more comfortable knowing my son won’t be taken away if his father suddenly decides he wants custody in the future. Kristina A: A parent cannot simply give up their parental rights to avoid paying child support or to solve visitation or custody disputes. Only the court can terminate parental rights. Termination of parental rights is a court order that p

Q. I have a male pot belly pig who is almost a year old and weighs about 90lbs. I take Mr. Wiggly out for walks in my midtown neighborhood. Yesterday a City Animal Control officer gave me a ticket for not having a swine license! I know I have to have my dog licensed but I have never heard of a swine license. I was also told Mr. Wiggly needs to be neutered before I can get a license. Do you have information on this? Peter K. A. Miniature pot-bellied pigs are increasing in popularity as domesticated pets. However, as such animals are still livestock notwithstanding size, and like other pets need to be controlled to insure that such animal does not become a nuisance or danger to the general

Q. As a landlord, I have a strict “no pets” policy. A prospective tenant says they have a certified service animal. All other qualifications being met, am I required to accommodate them? Thanks, Frank A. Most likely, yes. The Federal Fair Housing Act (FHA) requires property owners to make reasonable accommodations for a person with a disability, to enable them to enjoy the residence on an equal basis with tenants who are not disabled. 42 U.S.C. § 3604(f)(3)(B). Regulations promulgated under the FHA state that “[i]t shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices or services, when such accommodations may be necessary to afford a h

Q: In 2000, I co-signed for a close friend to get a cell phone (I believe that I also paid three hundred dollar deposit). Apparently, in November 2011, his service was terminated (we are estranged, so this is the most information I could get from AT&T). When I called in March 2012, to add a new AT&T internet service, I was declined and informed of this issue. The amount that is owed is over seventeen hundred dollars - I am assuming that the majority of that is termination fees. AT&T wants me to file a fraud report for identity theft (?) with them and our local police so that they may start an investigation that would then hold me "harmless" for the debt incurred. This does not make any se

Q. I have been with my girlfriend for a long time and we got engaged on Valentine’s Day. I saw text messages on her phone I didn’t like and asked her about it. Now she says I am jealous and broke off the engagement, but she won’t give me the ring back, even though I asked her a bunch of times. How can I make her give me the ring back since she is the one who broke my heart? Dwayne A. Sorry to hear about your situation, break ups can be hard on everyone. Believe me you are not the first person with this issue. In fact, California has enacted a law that covers this topic. The California Civil Code § 1590 states: Where either party to a contemplated marriage in this State makes a gift of m

Q: Hi, this is a multiple question question. I recently purchased a house on 2 acres in Citrus Heights, and the entire property needs to be re-fenced and the neighbors don't want to help pay for it. The fencing is at least 40 years old (one neighbor has confirmed this) and it is livestock fencing made of rotted out wood posts reinforced by some metal T posts with rusted wire and barbed wire fencing between the posts. There are 4 neighbors that surround the property, one neighbor (we'll call her neighbor A) has little dogs that come into my yard and continue to poop in several large poo piles at the edge of my property. I have not been able to catch them, but the poop is proof enough. Also

Many patrons come to the law library and Civil Self-Help Center because they have been sued by a credit card company. A sizable percentage of these people tell us that there must be some mistake—they hired a company to settle all their debts for them, so how can they be sued? Unfortunately, “debt settlement companies” frequently promise far more than they can deliver. These companies actually have no power to prevent lawsuits. They offer to negotiate settlements for consumers, often charging a hefty fee for the service, but they cannot force a creditor to accept their offer. The consumers often end up worse off than they would have been without the debt settlement company’s “help.” Risky

Q. I am researching California statute of limitations for Power of Attorney. I became ill in the late Spring of 2008 with a brain tumor and mental health problems and signed a power of attorney to a lawyer and in examining my back statements I believe a significant amount of my funds were taken from my bank account for her personal use and I want to take legal action. Please advise. I never submited a release document. Thank you. jg A. The first thing you should do is revoke that Power of Attorney, if you haven’t already! You can find sample revocation forms in many of the resources listed in our Legal Research Guide to Powers of Attorney, available on our website at http://www.saclaw.org

Q: I wanted to find out how close to our property line we can place a pool or spa. We live in East Sacramento, Sacramento County. I would appreciate any help you could give me. Thank you for your time, Noreen A: There are a number of state laws, regulations, and local ordinances affecting pools, but the ones regulating distance from property lines appear to be set by the local city or county. Since you are in the city of Sacramento, the City Code applies. This code provides that “no swimming pool or similar pool shall be located within a distance less than or equal to the depth of the deepest excavation for such pool from any property line, building or structure (one to one slope).” Sacr