Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... View More 
answered on Apr 5, 2021
You would need to file a writ of habeas corpus and or a petition/motion for enforcement against noncustodial parent. If you win, the judge can issue a capias for his arrest if he still doesn’t return the children. Police usually won’t get involved unless there’s a capias issues against a person.
Follow up question. Do I have any rights to say no?
answered on Apr 5, 2021
Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. As the other colleague stated, this isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage.
We separated when our son was 3 due to her drug use. and he is almost 9. Half of the time he live with me and his step mom and half brother and sister in a nice environment home where he is very happy . The other half he lives with her mother and her mother boyfriend I’m in apartment. I know they... View More
answered on Sep 3, 2019
If you are concerned about their safety then you should file for full custody asap and let the court determine if you have enough evidence. One of the common mistakes people make is seeing issues with the other parent regarding the children and not doing anything about it; then when they do go to... View More
Grandchildren were initially taken into custody by CFS after both parents were arrested on drug charges. I petitioned the court and was granted legal custody. The father is threatening to call and have my custody revoked if I do not bring the children to visit his other child at the father's... View More
answered on Sep 3, 2019
You have to review the court order and see what the terms are. A common misunderstanding people have is the difference between custody, and temporary CPS placement or temporary caregiver. In the former, the terms of the custody order have to be followed. In the latter, CPS determines, in... View More
Someone called CPS pretending to be ME and made false Accusations stating that my daughter was sexually abused....my question is how likely is it that an attorney can Subpoena the recorded phone call made to CPS and track who made the call?
answered on Sep 3, 2019
Very unlikely. CPS records, specially the records of the initial call to report, are extremely confidential. Also, for a subpoena to be even available, there has to be an open case pending (note this is different than a CPS investigation which is not an open legal case).
We currently live in the same house but I will be filing a eviction to have him removed because he refuses to leave on his own. I am the custodial parent and he is non custodial parent. We do not have any custody orders at this time and I have a lot more support and opportunities in California for... View More
answered on May 7, 2019
First, eviction will probably not work. When you are married everything acquired during marriage is considered community meaning it belongs to both of you regardless of whose name it is in. Most JP court judge that issue evictions will not be ordering eviction on spouses during marriage. Second,... View More
I have an order that's been in effect where I have got primary custodial parent. My ex is noncustdial. The order also contains an injunction that states she can't keep her overnight when a convicted felon that she's not married to lives at her residence. She's been abiding up... View More
answered on May 7, 2019
You can file for a modification to reduce her visitation rights. To make your case stronger, you may want to get someone like an investigator to get some evidence that he is there overnights also. But the fact that she is living with a felon may be enough to reduce her rights regardless of if the... View More
answered on May 7, 2019
Yes you can always file a motion for continuance. The required notice for a motion is 3 days. So as long as you filed it and send notice to the other party and they receive it within 3 days, your notice requirement would be sufficient. However it will be up to the judge whether he/she will accept... View More
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