He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?
Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not...Read more »
If you're referring to the father of the child as a "sperm donor," then you need to stop that for the sake of the child if nothing else. Speak with a local attorney regarding filing a parentage action. [I litigate cases. Anything posted here must not be construed as legal advice, nor...Read more »
example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... Read more »
To modify existing court orders or to obtain new orders, you would file a Request for Order (form FL300). The FL300 would be supported by a declaration (not a form) and assuming the modification you seek will impact child support, you will also need to fill out and file and serve a new Income...Read more »
Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a...Read more »
I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... Read more »
It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.
My ex and I have been in a nasty custody battle for the last 8 years. She has accused me of everything from not feeding my daughters to sexual abuse. All unfounded and untrue. Because I did not have a lawyer and she did, the Judge ordered that I was not to contact my daughters except through... Read more »
How to go about letting my kids step mom have my daughter. Father is incarcerated. But don’t want to fully sign my rights over but also don’t want them to come after me for child support (father hAs not provided any support and she’s 9). They just want paperwork to be able to enroll her in... Read more »
How do I get the courts to charge my father with touching my child before and during him having guardianship in Nevada. Me and daughter currently live in cali and he now lives in Utah. I won getting the guardianship terminated June 2019 shortly after her returning home I knew something was off... Read more »
The father has never been in his daughter's life the 10 years she has been alive.She has been living with me for the last 3½ years with her mother and brother. Her mom recently went to jail that's when her father came and took her after filing an exparte for emergency custody by a... Read more »
It would depend, more information is needed. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
The guy I’m trying to get a permanent restraining order against called in today and was excused because he was “sick”. They rescheduled it. I’m just worried he’s going to keep calling in to avoid the hearing
It would likely depend on whether he's actually sick [or has tested positive for, e.g., covid]. As you're aware, the courts are rightfully cautious during these times. Your temporary orders, if granted, should remain in place, provided you're requesting they be extended. Speak with a...Read more »
How long will the recovery center be? Generally you have a right to be in your child's life. If the court determines you to be unfit or unable to care for the child (e.g., while you are in a recovery center) they can award temporary custody to the father; you can then petition to change...Read more »
This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.
Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are...Read more »
I’m currently considering leaving California and moving to out of country with my child. Her father has already moved earlier this year without notifying the court here in CA. I’m considering moving out of country as well. Are we required to notify the court about the move since we share joint... Read more »
DO NOT MOVE THE CHILD without taking appropriate legal action. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and...Read more »
I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process
Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
You can file a court action to obtain custody. Generally, there are constitutional protections that guarantee parents' rights to have custody of their children. (Troxel v. Granville 2000). However, if you can show a compelling circumstance to modify the custody arrangement, you may be able to...Read more »
The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »
You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child...Read more »
If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage...Read more »
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