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California Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Ex husband has not seen our child in a year . He claims I won't allow him to see our child

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 ?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 20, 2022

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 You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not...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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How do I take full custody as a single mother the sperm donor bailed on my daughter last year in August.

He abandoned my daughter last year in August and I need

Help

James R. Dickinson
James R. Dickinson
answered on Nov 18, 2022

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 »

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

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 »

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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2 Answers | Asked in Child Custody for California on
Q: What forms do I need to request a new order for custody and visitation
Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

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 »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the procedure will be like after I filed a motion to modify existing orders to include a "move away" order?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hi, How can I change my current custody order?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

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.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is there something I can do to move forward with my daughters? Am I able to attend games and graduations?

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 »

Eliza Jasinska
Eliza Jasinska
answered on Oct 17, 2022

Please contact a family law attorney to review your custody agreement.

2 Answers | Asked in Family Law and Child Custody for California on
Q: How to go about letting my kid

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 »

James L. Arrasmith
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answered on Oct 7, 2022

You can grant her temporary guardianship.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for California on
Q: How have my father charged with molesting my child.

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 »

James L. Arrasmith
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answered on Oct 7, 2022

Private citizens cannot prosecute crimes. However, you can speak with the police department and the prosecutor (DA) and ask them to prosecute the crime.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: If I give up custody does that mean we're divorced?

Got married in California moved to Pennsylvania, decide to part ways, gave up custody, I move back to California. Trying to remarry right now. I have the original marriage certificate.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 5, 2022

Divorce occurs after a petition for dissolution is filed and entry of judgment of dissolution. Giving up custody does not automatically result in divorce. It doesn’t work like that.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Is it possible for me to get emergency custody of my girlfriends daughter from the father and my girlfriend is in jail.

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 »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

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.]

2 Answers | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for California on
Q: Can you keep calling in “sick” to be excused from restraining order hearing?

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

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

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 »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: If I go into a recovery center can my son's father take him from me? there is no legal custody agreement. my son is 8

and lives with me in my mom's home with her and my stepfather. he is with his dad on weekends @ 100 miles away. how can I assure that he does not try to keep him while he is in my mother's care?

James L. Arrasmith
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answered on Oct 4, 2022

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 »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

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.

James L. Arrasmith
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answered on Oct 4, 2022

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 »

2 Answers | Asked in Child Custody and Family Law for California on
Q: If a awol Foster child is picked up by the cops then he is released to a family member knowing the child is awol

What should the family member do? Could family member legally file for guardianship?

James L. Arrasmith
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answered on Oct 4, 2022

The family court can decide upon custody of the child. You can file an action in court to determine proper custody of the child.

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1 Answer | Asked in Child Custody for California on
Q: If I share joint custody and the father and I want to move the child out of the US, do we need to notify the court?

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 »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

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 »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

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

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

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.]

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get legal guardianship of my 5 yr old granddaughter? She is living with me & I am now sole provider for her.

Mom has been jail for 2 yrs fighting criminal case. Dad, my son, had stroke & in coma. She has been in his custody since born.

James L. Arrasmith
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answered on Sep 23, 2022

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 »

3 Answers | Asked in Child Custody for California on
Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?

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 »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

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 »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: Relocation with child within same state (CA) and no custody order. What are my rights?

Father and I are not married and never have been. I take care of child 90% of the time.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

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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