In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. Now my question is I know his dad works approximately 120hrs every 2 weeks according to his paychecks. So I know he’s not the one... View More 
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answered on Mar 25, 2024
Under California law, your concern for your child's safety, especially regarding transportation to and from school, is valid. If the father's work schedule prevents him from being the primary person responsible for transportation, it's reasonable for you to inquire about who will be... View More
In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. It’s been like that for a little over a month him wanting to do 50/50. I recently asked him to buy him clothes for when he has him... View More
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answered on Mar 25, 2024
Under California law, both parents are generally expected to provide for their child's needs, which include clothing, when the child is in their care. It is not unreasonable for you to request that the father have an appropriate set of clothes for your son at his home to reduce the... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
A child custody evaluator was hired in Ca in 2022; she never submitted the report & has gone AWOL. Allegations of child abuse, sexual abuse & domestic abuse were made by my wife ; these were tossed out by the court. 24 or more supervised visitation reports exist saying I am a great... View More
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answered on Mar 20, 2024
In California, child custody decisions are made based on the best interests of the child, considering factors such as the health, safety, and welfare of the child, and which parent is more likely to encourage frequent and continuing contact with the other parent. The court can indeed consider your... View More
is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?
answered on Mar 19, 2024
Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More
is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?
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answered on Mar 19, 2024
In California, when addressing the issue of overnight visitors in the context of a child custody agreement, you have the option to include specific stipulations regarding who can be present around your child during overnight visits. This can particularly address concerns where living arrangements,... View More
The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty
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answered on Mar 17, 2024
In California, if you're looking to rescind a notarized custody agreement that lacks specific dates, times, or duration of custody, and the courts were never involved, the first step is to consult with a legal professional. These professionals can provide advice based on your unique... View More
I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More
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answered on Mar 15, 2024
In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More
Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More
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answered on Mar 12, 2024
Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at... View More
Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More
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answered on Mar 11, 2024
In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his... View More
My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.
Is there a particular form(s) or strategy that you would employ to go after full custody? I... View More
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answered on Mar 11, 2024
In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:
1. File an ex... View More
I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.
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answered on Mar 11, 2024
In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.
For assistance with modifying a... View More
I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family... View More
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answered on Mar 9, 2024
In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:
1. The child has resided in the other county for at least six months... View More
despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party
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answered on Mar 8, 2024
In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason... View More
My job has me working every weekend and i am unable to change my scheduled, my ex will not compromise as far as picking up and dropping off after I get out of work he says if I don't pick up and drop off when he wants then I can't have the kids. We do not have court order we have just... View More
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answered on Mar 7, 2024
In California, both parents have rights to parenting time with their children, and any informal arrangement should respect those rights. If your current arrangement is not formalized by a court order and communication breaks down, either parent may find themselves at a disadvantage, especially if... View More
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answered on Mar 7, 2024
Under California law, custody and visitation orders must be followed by both parents. If your new work schedule interferes with the agreed-upon pick-up and drop-off times for your children, it's important to communicate this change to your ex and attempt to work out a new schedule that... View More
Her father threatened to call the police if I show up to visit my newborn
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answered on Mar 6, 2024
Under California law, both parents have rights to their child, regardless of the relationship status or if the father's name is not on the birth certificate. If you are not being allowed to see your child and you wish to establish paternity and seek custody or visitation rights, the first step... View More
I was told by the court clerks that he has to have someone serve me and not by mail. He continues to keep serving me this way without a person 18 and over doing it for him stating he don’t care. The clerks say they can’t give me legal advice about this and that I should show up and tell the... View More
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answered on Mar 6, 2024
Under California law, the proper service of legal documents is critical for ensuring that all parties are fairly notified and can participate in legal proceedings. If you have been served with a Request for Order by mail and were informed by court clerks that this method of service does not comply... View More
Unwed when I had the child. He signed birth certificate but has never had physical custody just visitation for an hour 1-2 days a week. child is 4 now and biological father has since neglected visitation and child support for 18 months. No support for school, healthcare ect.
I’ve... View More
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answered on Mar 5, 2024
Under California law, moving out of state with your child when you have sole physical custody and there is no formal court order or parenting plan in place can still be a sensitive legal matter. If the other parent has been involved in the child's life, even minimally through visitation, it is... View More
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