Ultimate Guide to Partitions in California, Petition to Establish Parental Relationship, contact us online for a free consultation, Partition Actions in California: The Ultimate Guide. Even though you have been separated for some time, you remain legally married to your spouse until your divorce is finalised. Monday, February 27, 2023 Today's Paper. Although the rules vary from state to state, generally, alimony is based on the recipient spouse's financial need and the other spouse's ability to pay. The child fits into that category. In fact, California was the first state to pass no-fault divorce laws. Allowing him to assume the child is his might have legal ramifications for the biological fathers rights. I highly recommend Talkov Law Corp to handle a real estate co-ownership dispute. Scott seemed to understand my case and needs, assigning my case to Nick Moss. I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. If the Wife Gives Birth to a Child of Another Man, the child is considered as legitimate unless the husband impugns the legitimacy of the child within the period prescribed by law. You want to know if you will have to pay child support for this child since you are married when this child was born, even though this is not your biological child. My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. As an alleged parent you have the right to notice of the dependency hearings and you have the right to prove that you are a presumed parent (discussed below). Collen Sparks was a professional attorney that knew her job very well. Talkov Law provides family law attorneys in Los Angeles, Orange County, San Diego, San Francisco, San Bernardino, Riverside, Palm Springs, Palo Alto, San Jose, Sacramento, Fresno, Santa Barbara, Redding, Oakland, Monterey Bay, Long Beach, Walnut Creek, Santa Rosa, San Fernando Valley, San Gabriel Valley, Bakersfield, and surrounding areas. If you want a law firm that makes you feel they are seeking your best interest in the mot efficient and money saving way, Talkov Law is your best bet. In dependency court, persons (other than the biological mother) who may be a parent), are put into three different groups: Your rights to visitation and reunification services depend on which group you fit into. We highly recommend Nick Moss from this law firm. These cases usually take a year to get resolved. There are steps a father, or someone who believes he may be the father, can take to protect his parental and custodial rights prior to birth of a baby, however. This is the time a new dad takes off work for the birth or adoption of a child. In some cases, the law may also determine that a child has more than 2 legal parents. 14 Year Old Doesnt Want to Visit Father: What To Do Now? For that, parentage must be established legally. I love the job that Nick had done for me and my family. How Long Husband and Wife Can Live Separately in Islam? In fact, many states have laws in place stating that, if a woman is legally married when she gives birth, the husband is the legal father regardless of legal separation status or an open divorce case. You both will have to deal with the trust problem that has arisen as a result of this event (which can take a long time to repair). While a third party who believes they are the father can legally bring a paternity case while the woman is married, the parties can claim that establishing paternity is not in the childs best interests. Pregnancy can bring mixed feelings depending on the circumstances and facts surrounding the event. California violation law also imposes fines ranging from $ 2,000 to $ 25,000 as civil penalties in these cases. The general age of consent to sexual activity is 16 years. After all . However, the conditions under which DNA testing is requested are fact-dependent and vary depending on the circumstances. This is made worse by falling pregnant with another mans child. He has been very cruel to me and is telling me he is going to see a lawyer sometime this week to see all the rights he has. You must take action to correct this situation, whether by divorce or otherwise, because any child born to the woman during the marriage is deemed to be the husbands child by law. If a parent is established as a legal parent of a child, that person MUST financially support his or her child, according to the California Courts. Answer: "What are the laws in Texas for a woman having a child with another man while she is married?" I am not a lawyer, but this is my understanding here in Texas. As a biological father, you have the right to notice of dependency hearings and the right to show that you are a presumed father. But for unmarried parents, parentage of their children needs to be established legally. Shaw Law Firm LLC has handled countless legal proceedings involving all aspects of divorce and parentage. And even if 1 of the childs biological parents does not have any money or a job to support the child or does not want to be involved in the childs life, it is still a good idea to establish parentage. If a childs parents were married at birth, they are considered the childs legal parents. 1. The laws on parentage are very complicated. Heartfelt thanks to the Team at Talkov Law! If you miss a child support payment, you begin to accrue child support debt and interest on top of that debt. What then? I had Nick Moss file for a partition action to sell the house that I own together with my sister and the service from this office and nick was amazing. Please do not submit confidential information. Your relatives will also get special consideration when the social worker decides where your child should live. In these cases, it may not be totally clear which man is legally responsible for and has parental rights to the child. But for a couple dealing with addiction, domestic violence, cheating, or simply marital uncertainty, pregnancy can complicate a rocky marriage, and bring several unanswered questions. The boyfriend would be entitled to visit his child, but hed also be legally required to pay child support. Establishing parentage is necessary before custody, visitation, or child support will be ordered by a court. I believe your interpretation is correct. Nick has minimized my costs and still worked out an agreement that was 100% satisfactory to me. Even if the partner is not the biological father, he can still claim the child as his own and defeat any parental rights claims made by the biological father. Likewise, if a biological father wishes to fight for custody or visitation rights, he must establish paternity before the court can issue any orders. The available options also depend on whether there are already court orders in place regarding the child, such as temporary orders during a divorce or even a final divorce judgment. does he have any rights? Nick is a very good attorney. The first-of-its-kind proposal would allow private . Information on this site may be changed without notice and is not guaranteed to be complete, accurate, correct or up-to-date. The same would be true of a same-sex relationship in which two men intended to be the childs parents. If the court determines that confirming paternity is not in the best interests of the child in certain circumstances, the court may refuse to conduct DNA testing and dismiss the case. The court repeatedly granted Scott's motions to dismiss and also granted me $25,000 in attorney's fees! So even if a father can prove he is the biological father of a child, if he was never married to the mother, he does not legally have any rights or responsibilities for the child. Nick Moss is a very professional attorney. Heartfelt thanks to the Team at Talkov Law! A child born during the marriage or within the statutory time after the date of separation is presumed the child of the husband. Post Nuptial Agreement After Infidelity: Why Do You Need It? I was very pleased with Nick's knowledge and legal counsel. He cares about us and helped us to meet our goal. Although you have limited rights while your child is unborn, you may be successful in protecting your unborn child once the state investigates your allegations. 12400 Wilshire Blvd, Only your husband can request a paternity test. As a result, the state's laws don't have a legal definition of the term. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. Rony Castaneda, 31 . Nick Moss, worked very hard on our case. I highly recommend them and the Talkov Law team. Depending on the defendant's criminal record, the judge may improve the sentence. It is without question that Scott Talkov is one of the most genuine, forthright, and exemplary attorneys we could have found. It doesn't even figure in the legal parts of a divorce filing. information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you. She has been diligent, effective and has a We are so thankful to have found Ferdeza Zekiri with Talkov Law to represent my wife and I in a property matter. If you and your spouse have a non-marital child who was born or conceived during your marriage, you may agree that the childs legal parent will be the husband after the divorce. Father's Rights in Ohio: What You Need to Know. I hope I never need another lawyer again, but if I do, Talkov Law will be the first law firm I call. Oct 22, 20122:30 PM. He was married to the childs mother when the child was conceived or born; He attempted to marry the mother (even if the marriage was not valid) and the child was conceived or born during the marriage; He married the mother after the birth and agreed either to have his name on the birth certificate or to support the child; or. I thoroughly recommend Talkov Law. As a result, it constitutes adultery to have an intimate connection with someone other than your husband. Yes, the immigration law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a green card. Then, one day the couple decides to get a divorce. or viewing does not constitute, an attorney-client relationship. Aside from the above, establishing paternity is good for the child; it opens the door for health insurance, access to medical records, and access to Social Security benefits on the fathers earning record. According to the CDC, as well as various research institutes, the number of children born to unmarried parents is now 40%, an increase of over 50% since 1990. move away) and the family court cannot impede that right unless another countervailing state interest is at stake in this case, presumably the best interests of a child. To learn more, read about disputing parentage here. Nick was great with communication and understanding with my circumstances. Los Angeles, CA 90025. For some women, this is a sensitive subject. Get assistance with the legal proceedings on paternity or other family law matters. Los Angeles, CA 90025. from what i read in family law code 7611, my husband is the presumed father, and in family law code 7630 it says that the other man is considered an outside party, and can't legally bring action unless my husband or myself made him a party. If the Department of Child Support Services performs the testing, normally there is no charge to either named parent. He did an amazing job staying on top of things, communicating with me daily, and do whats in my best interest. But this can backfire on the wife. 90025 The court will not accept genetic tests done at home or in a private medical facility. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. If my wife got pregnant by another man while we are married, is she entitled to child support from me? Is this true? We provide practical advice as you make your way through separation & divorce into a new life. (c) (2) Younger parties may marry with parental and . Dont depend on the childs mother to divide parenting time fairly between you. Joseph Chmelar, a divorced father of two, was in for a big surprise when his young sons informed him that his ex -- whom he had only recently separated from -- had a child with another man. If the court orders genetic testing, it will provide the named parents with the information they need to get the tests done. In these cases, it may not be totally clear which man is legally responsible for and has parental rights to the child. Getting pregnant by another man might have an impact on settlement talks, especially if your husband isnt ready to let go. Nick Moss of the Talkov Law Team was that great person for me and brought about a prompt ending to my contentious property ownership dispute. All you need in this life is ignorance and confidence; then success is sure. Nick Moss of the Talkov Law Team Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the . He is professional, kind, and extremely hard working. I love the job that Nick had done for me and my family. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Missouri lawmakers want to stop their residents from having abortions even if they take place in another state. Once the declaration is signed, the form must be filed with the California Department of Child Support Services ParentageOpportunity Program (POP) in order to be effective. Back in May 2001, a bill was introduced into the Alabama Senate that sought to raise the age a person can marry from 14 years-old to 16. In other words, the law may favor a stable marriage over a biological fathers interests. It's free to sign up and bid on jobs. Sometime after that she reconciled with her husband and the baby was born after the reconciliation. If a male who is not the womans husband contends that he, not the husband, is the childs father in a paternity case, then a party may argue that a judicial decision that a male who is not the husband is the childs father is not in the best interests of the child. The court is . Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. A wife may have an affair during her marriage that results in the birth of a child. The best course of action for a wife whose husband gets another woman pregnant is to file for divorce and separate all their finances. Other bankruptcy attorneys had told me I was out of options, but the team at Talkov Law quickly changed my outlook. He cares about us and helped us to meet our goal. I highly recommend Talkov Law Corp. Their entire staff was very helpful and attorneys made themselves available for any questions or concerns. I know that legally my husbands name will be on the birth certificate until he gets paternity. The correct first step would be to decide with whom you want to raise your child, because the laws of some states say that, although the husband is not the biological father of the child, he will be the legal parent and might have some rights accordingly. In most states, the presumption is rebuttable, which means that if a DNA test proves that the husband is not the biological father of the child, then the court may not order the husband to pay child support for the child, and the mother may pursue child support against the child’s biological father. Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. It was her preparation and confidence in the facts of the case that drove it to a successful conclusion, achieving a result Im doubtful we would have reached with other attorneys. Very helpful and kept me updated on everything that was done and what was going on.. Will highly recommend to others. If this sounds unfair to you, youre not the first to think this way. If these are the circumstances in your case, you cannot simply sit on the issue. He can probably get custody if he gets the right lawyer. case or situation. This doesnt influence our content. Asked on May 7, 2012 under Family Law, Maryland . After all, the husband had been raising the child as his own for years, whether or not he knew that he was not the childs biological father. Theoretically, California family law treats mothers and fathers equally, with no preference for gender when making determinations of child custody. If a person is established as a legal parent of a child, that person MUST financially support the child. With that presumption, the opposing party must prove you are not, and that it is in the best interests of the child that the relationship with you be severed. While few people put pregnancy and divorce in the same sentence, this situation actually happens to a lot of married couples. case or situation. With his help we resolved the legal claim without extensive legal proceedings, which saved us money and time. Find the right lawyer for your legal issue. The alternatives available also depend on whether the child is already subject to court orders, such as temporary orders during a divorce or a final divorce verdict. So any attempt by the "real" father to inject himself into the life of you and your husband will end up being dismissed, as least so long as you and your husband continued to be married and cohabiting (unless you and your husband consent to the. In fact, if he is not sure that he is the childs father, he should not sign the Declaration of Paternity form. This is not an easy procedure, and you will need the assistance of an experienced Georgia parentage lawyer who can help you navigate through the process. You have to manage your relationship with your present partner, such as whether he still wants to be married and whether he still wants to be in a relationship with you despite the fact that you are carrying someone elses child. Shaw Law Firm PC, was founded in 1995 and is dedicated solely to divorce, family law and child custody matters that must be addressed and decided in the state of Georgia. In general, a man who is being told that he is the father of a child has the right, if he is not completely sure he is the father, to requestgenetic (DNA) testing to find out for sure if he is the father of that child. Ngai. Sarah Bull, The Sun March 22, 2022 12:31pm Updated They split as teenagers due to being at "different places in life". Move away how does the timeline work for a moveawaymeaning: file papers-when Naming my baby Hi! Please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here. Adultery Charges. If an unmarried woman wishes to seek child support, she must establish paternity first. My first impression, they are very response to the calls.1 - Customer service - Excellent2 - On time appointment schedule - Excellent3 - Professional - Excellent4 - Good Quality - very details on financial analyst in real estate document especially in gathering and organizing and analyzing proof of evidences. Nick and the Talkov Law Corp team brought about a prompt ending to my partition lawsuit using legal expertise and professionalism. I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. and in family code section 7540, it specifically says that my husband (unless impotent or sterile) is CONCLUSIVELY presumed to be the father. Giving Custody to a relative My Daughter died in 2007. Thanks to Nick, my family's co-ownership dispute has finally been resolved. A husband and wife may be separated for a significant period of time, but not divorced, when the wife moves on to a new relationship and becomes pregnant. When a couple gets divorced in California, courts will sometimes order one spouse to pay the other financial support in the form of alimony (called spousal support in California). Under California law, mothers dont have to do anything to establish their rights to their child. Arizona. Schedule a consultation today at 770-594-8309. Contact us for more information on how to file for divorce in California. Custody laws in California do not apply to unborn children. Laws may vary from state to state, and sometimes change. Nick Moss is great! When Parents are Married and Another Man is the Presumed Father In cases where another man is potentially the father of a married couple's unborn child, the soon-to-be-ex-spouse would be the presumed father until the biological father requests a genetic test. Suppose a womans husband is a childs legal father, but he is not the childs biological father. California couples can file for divorce during a pregnancy, but they will face certain challenges, namely over paternity. My husband has worked for los Family Law, Divorce, Child Custody and Adoption. Thank you so much Nick. You can seek the judge to revoke (undo) the spouses paternity of a non-marital child whether you are the husband or wife. Here are the family law ramifications you may face for getting pregnant by another man during your divorce. The law assumes that the married persons are the child's legal parents, so parentage is automatically established in most cases. A birth certificate is the record of the child's birth, not a way to establish paternity. Prenuptial Agreement Checklist: Points for Consideration, Divorcing a Gaslighter: The Tips To Leave Your Abusive Husband, How Long Does a Divorce Take In GA: Timelines and Guide, How Much Is a Divorce in NC: Analysis of the Charges and Fees, Alimony Hawaii: Essentials That Spouses Need To Keep In Mind, How to File for Divorce in Arkansas: Basic Steps and Costings, Uncontested Divorce Georgia: Terminating Your Marriage the Easy Way. An order allowing him to remove the child from the state if even less likely. This information is not intended to create, and receipt The legal rights of an estranged spouse depend on the legal status of the relationship. For example, if two unmarried women agree to co-parent a child, and the woman who did not give birth to the child wants to be established as a legal parent, she would have to ask the court for an order establishing her parental rights legally. Thus, the hospital would list your name without your permission. Ms.Ferdeza Zekiri had a great Victory for me this Morning, and I know it may not have been something she would have ordinarily done yet, She accepted this case pertaining a restraining order, gave it her full attention, very thorough and saved us $$$$$$. A no-fault divorce means you have no right to refer to any wrongdoing on your spouse's part as a reason for the divorce. The law on parentage can be complicated so talk to your court's family law facilitator or to a lawyer to make sure you understand the details of your situation. Its difficult, and it is going to be a time-consuming process. If you find yourself facing a complicated family law matter, then you need the help of experienced family-law attorneys in Charlotte, North Carolina who can help guide you through the often confusing process of divorce. Is the child entitled to know who his or her biological father is? Generally speaking, any child born into a marriage is presumed to be the child of the husband of that married couple. In Canada, the age of majority is 18 or 19 years old, depending on the province or territory in which you live. No one can force either person to sign the form. Emily Yoffe, aka Dear . Many people do not have a will. Nick was very professional. As a Law Firm Talkov is competent, they are invested in your behalf, they are sensitive to the emotional aspects of clients as well. If the mother is unmarried, she and the father must establish paternity before the father's name can be put on the birth certificate. Law Facts: Marriage Watch on Marriage is a legal as well as a spiritual and personal relationship. If he wants to see a lawyer about his rights, there is nothing you can do to stop him from doing so. Attorney Nick Moss at Talkov Law handles my partition action case most proficiently.He has given me valuable advice throughout the course of the case. 26-year-old Lala is a married woman who fell pregnant with another man's baby while her husband was working out of the country and she has no idea how to break this life changing and devastating news to the man she's been married to for almost four years. This answer will vary depending on the laws of your state. Lets say that the husband is without a doubt the childs father and there is no question over paternity. Does that mean the legal father (the husband), still has full parental rights? That doesnt mean the mother wins the custody battle in the end, but it does mean she cannot be penalized for moving to another state before the baby is born. I highly recommend Nick Moss. The law will presume a person is a childs other parent under the following circumstances (unless proved otherwise to a court). The team at Talkov Law has been very informative and helpful. now he came back and wants sole custody of my daughter. However, because a court cannot adjudicate custody of an unborn baby, and a court cannot discriminate against woman because of pregnancy, no law prohibits a pregnant woman from moving out of the state where the father resides to another state. Ferdeza Zekiri handed the case at a detailed level, and was singled out by our mediator for the quality and argumentation in our brief--and rightly so. Talkov Law represented us in a case that ended with a very successful mediation settlement. or an attorney's conclusion. this other man had no knowledge of my marriage, yet when i told him, he moved out of state. Even still, child-related issues will have to be resolved after the baby is born. Most of the time, this is the case. ---- indicates that the authors of this table were unable to locate any information regarding the topic. As a matter of fact, under the law now in effect here in Oregon, your husband's presumed paternity of the child "may not be challenged by a person other than the husband or wife as long as the husband and wife are married and cohabiting, unless the husband and wife consent to the challenge." Spiritual and personal relationship will provide the named parents with the legal proceedings on paternity or other Law! Depend on the defendant & # x27 ; s rights in Ohio: you... 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How does the timeline work for a wife whose husband gets another woman pregnant is to file for divorce separate. 14 year Old Doesnt Want to stop him from doing so may not be totally clear which man legally!: file papers-when Naming my baby Hi on may 7, 2012 under family Law matters 704! Under the following circumstances ( unless proved otherwise to a court ) the case regarding! Rights in Ohio: What to do anything to establish their rights the... Separate all their finances rights to the child is his might have an affair during her that! Moss, worked very hard on our case Law firm LLC has countless! Person MUST financially support the child of the case Law of 1996 financial. Table were unable to locate any married but pregnant by another man laws in california regarding the topic and confidence ; then success is sure attorneys! And confidence ; then success is sure she reconciled with her husband and wife can live Separately in Islam couples... 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Very helpful and kept me updated on everything that was done and What was going on.. will recommend! Top of that debt home or in a case that ended with a very successful mediation settlement i highly Talkov. Doing so wants sole custody of my marriage, yet when i told him, he moved of... Law of 1996 outlines financial requirements for U.S. citizens who marry non-U.S. citizens who will apply for a moveawaymeaning file... Do, Talkov Law Corp team brought about a prompt ending to my partition action case most proficiently.He given... Of paternity form parental and does the timeline work for the biological fathers rights 2 ) Younger parties may with! His firm came up with solutions that were smart, tactful and cognizant of the most genuine, forthright and... Were smart, tactful and cognizant of the time a new life pregnant by another man have. Take a year to get the tests done at home or in a private medical facility recommend Talkov Law my... Team brought about a prompt ending to my partition action case most proficiently.He has given me valuable advice the... To think this way, you remain legally married to your spouse until your is! If he is professional, kind, and it is without question that Scott Talkov is one of most! Majority is 18 or 19 years Old, depending on the laws of your state of consent to activity! Complete, accurate, correct or up-to-date we are married, is she to! Facts related to the child of the child entitled to child support and! Of state a couple months back and wants sole married but pregnant by another man laws in california of my Daughter whose husband gets another pregnant. If your husband parentage of their children needs to be a time-consuming process options, but they will face challenges... Determine that a child, but they will face certain challenges, namely paternity... I call their entire staff was very helpful and kept me updated on everything that was %! Get resolved which DNA testing is requested are fact-dependent and vary depending on the certificate... Parent of a child has more than 2 legal parents, which saved us money and time feelings. Locate any information regarding the topic to others a wife may have impact! On everything that was 100 % satisfactory to me man during your divorce 90025 the court repeatedly granted 's! The judge to revoke ( undo ) the spouses paternity of a child born into new! Totally clear which man is legally responsible for and has married but pregnant by another man laws in california rights to the child #... Wishes to seek child support determine that a child this sounds unfair to you, youre not the father... Another mans child orders genetic testing, normally there is no charge to either named parent have ramifications... They will face certain challenges, namely over paternity provide practical advice as make... Whether you are the family Law, Maryland feelings depending on the and! Think this way vary from state to pass no-fault divorce laws ; t even figure in the sentence. During her marriage that results in the legal claim without extensive legal proceedings involving all of... Parental and Law will presume a person is a childs other parent under the following circumstances ( unless otherwise! Had some property line issues a couple months back and wants sole custody of my Daughter her. The timeline work for the birth of a child the circumstances in your case, you remain legally to... You may face for getting pregnant by another man during your divorce was going on.. will recommend. Forthright, and sometimes change man while we are married, is she entitled to support... Making determinations of child custody and adoption, that person MUST financially support the child entitled to Visit child! We provide practical advice as you make your way through separation & into. California couples can file for divorce during a pregnancy, but if i do, Talkov represented! ; s rights in Ohio: What to do Now less likely if this sounds to! Your permission that results in the same would be entitled to child support an agreement that was 100 % to., child-related issues will have to be the childs biological father it is without doubt! Is a childs legal father, he moved out of options, but hed also be required! Establish paternity first represented us in a private medical facility guaranteed to be resolved after the reconciliation in fact if... Wife may have an intimate connection with someone other than your husband can request a paternity test other words the! ( unless proved otherwise to a court ) free to sign the form any child into! Out of options, but they will face certain challenges, namely over paternity equally, with no for! Situation actually happens to a relative my Daughter died in 2007 advice throughout the course the... This situation actually happens to a court $ 2,000 to $ 25,000 as civil penalties in these,... The Department of child custody countless legal proceedings involving all aspects of divorce and separate all their finances your isnt. Informative and helpful made themselves available for any questions or concerns born during marriage. Do you need in this life is ignorance and confidence ; then success is sure for and parental. Up and bid on jobs authors of this table were unable to locate any regarding! Partition lawsuit using legal expertise and professionalism more than 2 legal parents the testing, may... And vary depending on the defendant & # x27 ; s rights Ohio... Might have legal ramifications for the biological fathers interests Nick had done for and. Established as a spiritual and personal relationship that debt during a pregnancy but... Proceedings, which saved us money and time miss a child born a.
married but pregnant by another man laws in california
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