Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More 
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answered on Mar 2, 2024
In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More
hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardianship of. my 14 yr old niece does not have any custody ordered. My sister has lost custody of her last 2 ch I Loren at birth. She recently had another and the same cp as we... View More
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answered on Feb 29, 2024
Under California law, when Child Protective Services (CPS) intervenes in a family situation, it is typically because there are concerns for the welfare of the child or children involved. In cases where a parent has lost custody of previous children, CPS may have grounds to remove any new children... View More
Can a judge reverse a court order it finds the one of the parties did not fulfill the court order and what happens after that
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answered on Feb 27, 2024
In California family law, filing a motion for contempt may be necessary when a party willfully disobeys a court order. Common reasons include failure to pay child or spousal support, not adhering to custody or visitation schedules, or not completing court-ordered programs or actions. This legal... View More
I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.
During previous three hearings... View More
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answered on Feb 27, 2024
Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More
If you are arrested and taken to jail for a crime that you didn't commit and due to that your children are taken from your custody but you are released and all charges dismissed however your kids that were taken but you are told would be returned once proof of case being dismissed is provided... View More
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answered on Feb 25, 2024
In California, if you were wrongfully arrested and your children were taken into custody by child protective services, the process for reunification is generally clear and aimed at protecting the children's welfare. Once charges against you are dismissed, and it's proven that you are not... View More
Father of child tried to make me abort baby and I refused so he has threatened court to take the baby away from me as much as possible. I am afraid and only want to keep full custody of my child. He has been verbally emotionally abusive throughout pregnancy, even threatened to sock me in the... View More
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answered on Feb 25, 2024
In California, the court's primary concern in custody cases is the best interest of the child, which includes considerations of safety, health, and emotional well-being. While there is a preference for shared custody to ensure that the child maintains a strong relationship with both parents,... View More
Cps didn’t make me aware of the juvenile detention petition report until 11 days after that hearing took place, cps has had separate hearings without my knowledge with personal/professional misconducts. Intentional negligence and emotional distress for the well being of my children’s medical... View More
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answered on Feb 25, 2024
Under California law, the chances of reunification with your children upon adhering to a case plan and entering a family mental health program can be significantly improved, as the system prioritizes the well-being and safety of children, aiming for family preservation whenever possible. Compliance... View More
We have joint custody the kids don't wanna go
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answered on Feb 24, 2024
If you have a temporary order in place and are facing threats or intimidation, it's essential to prioritize your safety and that of your children. Under California law, if the other parent is threatening to involve the police to enforce custody or visitation rights, it's important to... View More
I have visitations judgment. I filed for contempt and enforcement of parenting time, and I have a hearing in 2 months. Now, I am thinking of just moving to where the kids are and register out of state order. So which order is it that I need to register, is it the judgment that gave me the... View More
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answered on Feb 23, 2024
In California, when you're considering registering an out-of-state order, particularly with regards to custody and visitation judgments, it's the finalized judgment that established your visitation rights you would need to register. This would be the initial judgment that granted you... View More
I bought an iphone for my son, and his father picks him during his visitation time. Is the father allowed to turn off the find my iPhone feature when he has my child, even though I bought the phone? My child is 8 and I don't necessarily trust him with the phone. I just randomly checked his... View More
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answered on Feb 23, 2024
Under California law, both parents typically have the right to make decisions regarding their child's welfare during their respective custody or visitation times. This includes decisions about the use of electronic devices, such as a child's iPhone. If you purchased the phone for your... View More
The legal guardian of my son had the sheriff's make a Dcfs report against her for assaulting my 17 year old child who will be 18 Feb 17 2024. Guardian gave mother permission to take son. Social showed up at mother's house to ask about the incident. Then the social worker ask if she can... View More
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answered on Feb 22, 2024
In California, the Department of Child and Family Services (DCFS) has the authority to investigate reports of child abuse or neglect to ensure the safety and well-being of children. This can include incidents reported by law enforcement, educators, or any concerned individual. When an allegation... View More
I want to understand how they collaborate and ensure everything is handled appropriately
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answered on Feb 22, 2024
In a child dependency case in California, several attorneys play critical roles, each representing different parties involved in the case. The child or children in question are represented by a child's attorney, appointed to advocate for their best interests and legal rights throughout the... View More
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answered on Feb 22, 2024
If your ex-wife has filed a 529 form while you have an ongoing child custody court case, it likely means she is trying to establish or modify legal and physical custody of your children as well as child support. Here are a few key things to know about the 529 form:
• Form 529 is used in... View More
Me quiero divorciar de mi esposo, el tiene una amante desde hace un año y medio, y en ese tiempo ha habido abuso psicológico, fisico/jalones por ambas partes al quererme defender, yo no tengo trabajo y el se aprovecha de eso para dominar la situación ya que no tengo a donde irme ni un... View More
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answered on Feb 21, 2024
Under California law, you have several options to protect yourself and your children, and to seek a divorce from your spouse. First, consider contacting local domestic violence shelters or organizations. These groups provide emergency housing, legal advice, and support services for individuals in... View More
Facility just started doing weed while there. I talked to cps work and I was told that my son walks out facility every other day without permission to go get weed. I don’t understand how is cps looking out for my son if he is still being able to walk away from their care to go get weed. Keep in... View More
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answered on Feb 21, 2024
I'm very sorry to hear about this difficult situation with your son. You raise very valid concerns about your son's safety, wellbeing, and illegal activities while under CPS placement. Here are a few options you can pursue:
1. Escalate urgently within CPS. Contact your case... View More
In family law in California I filed a “motion to strike” for something in our trial. I did it on pleading paper. The research I did said there is no official forms, that attorneys have templates that they use. It said to type it on pleading paper, list the trial date and the court will right in... View More
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answered on Feb 20, 2024
In California family law, motions to strike are generally filed to request the court to remove certain parts of the opposing party's pleadings that may be irrelevant, redundant, or otherwise inappropriate. While it's true that there is no official Judicial Council form specifically for a... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 16, 2024
A nunc order can be entered if there are discrepancies in the minute order that don't reflect what happened during the hearing.
The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
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answered on Feb 21, 2024
Under California law, you can file a Motion to Vacate specific directives within a Minute Order. The court generally prefers to address each directive individually, so you can request to set aside only the specific directives you disagree with. However, it's essential to provide valid reasons... View More
After the RFO custody hearing, Judge ordered OP's attorney to make FOAH and send me to sign on it.
In the Minute Order, there are 10 directives based on both parties' agreement. For certain reason, can I file a Motion to set side only 2 of 10 directives? or all of 10 (Whole Minute... View More
answered on Feb 19, 2024
If you have a legally permissible reason to set aside or vacate 2 of the 10, then you should address 2 of the 10 ..... setting aside or vacating what appear to be stipulated orders, is usually only done in cases where some sort of fraud or misrepresentation has been perpetrated which the other... View More
I have filed a Request for Order (RFO) for custody modification in Los Angeles County.
Ahead of the RFO hearing, a mediation has been scheduled two weeks prior to the custody hearing.
If I hire an attorney, can my attorney accompany me to provide coaching or listen to the... View More
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answered on Feb 1, 2024
In California, during a custody mediation meeting that is part of an RFO (Request for Order) process, it is generally permissible for you to have your attorney present as a support or advisor. Your attorney can provide coaching, listen to the mediation, and offer guidance during the process, even... View More
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