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My son has also expressed to me that he wants to come and live with me. I was able to talk to him thru social media until his dad found out that we were talking and he was punished for it. They removed all his devices from him.
answered on Jan 24, 2020
Why have you waited a year?! You should have been in court the first time he didn't follow the orders. The longer you wait the less the court is going to think you really are concerned about seeing your son. You need to file for emergency orders to kick start the contact with him... View More 
The 17 year old is currently in mediation with their parents and the father wants to move her away from the state that the mediation is currently happening.
answered on Jan 22, 2020
There is no way to answer your question since there no real facts indicated. There is no reference to which state you are speaking of, where the current custody order is, what the current custody order states and the circumstances surrounding the scenario you describe.
You can try again... View More
provide a clean hair test at my expense?
answered on Jan 22, 2020
Assuming this is a custody case, the judge does not have the right to order hair follicle testing; although he/she can order urine testing should the facts of the case call for it. Since I know nothing about the case I cannot speculate on those facts.
You need to get representation right... View More
The father is in the picture and wants to keep a family unit so he puts up with it, he is mentally abused too. My sister has mental issues and refuses help. She is narcissistic and toxic. My niece has severe anxiety and sometimes she can’t breathe due to it.
answered on Jan 20, 2020
I would think you would have a tough road in getting what you want. You are seeking guardianship and would have to allege that it is a detriment for the child to remain in the custody of mom. And from what you say that might well be. However, the father is in the picture and if he objected to... View More
answered on Jan 19, 2020
If you are on pubic assistance than I would assume you have the children, which means the child support order should be in your favor.
If you do not have the children and are being asked to pay child support for kids other than the ones on public assistance, than you can be required to pay... View More
My ex filed for divorce in a county that is four hours away from me and my daughter. She is in school so it would be inconvenient for us to travel to that court. I have not filed my response to the divorce yet. He resides in Shasta county, and we reside in Stanislaus. We have lived in this area for... View More
answered on Jan 18, 2020
Having not yet filed your Response means that you have not inadvertently acquiesced to the venue of Shasta County. If you are going to contest the venue you should file a motion as a special appearance only, otherwise you could be construed as making a general appearance in Shasta County.... View More
She abandoned me at the age of 13 I've been on my own ever since
answered on Jan 17, 2020
It isn't clear what you would want to sue her for at this point. I'm afraid the issue of child support has past and there is no way to file for retroactive support.
I'm not sure there is a fact pattern at this point that would justify some type of tort action.
I've had sole legal / physical custody since dec 18 2017. Ex hb is allowed 8 hours a week 2 hours each visit of professional supervised visitation. In over two years hes not made any attempt to see our daughter. We want to move to Colorado to where she can be close to my family. Her grandma... View More
answered on Jan 15, 2020
The short answer is "probably." Having sole legal and physical custody gives you the right to move, but it is inadvisable to just up and do so. You want to go about it the right way so it doesn't cause you grief in the future. A "move away" which these types of cases are... View More
I am a 16 year old and I got sent away by my mother to live in Louisiana with my grandmother on her side. I didnt want to stay there and left to stay in Alabama with my Father's side of the family. I want to go back to California and live with a friend so that I can attend school there. I... View More
answered on Jan 15, 2020
This is more a question for an Alabama attorney since the laws probably vary between the two states. As a practical matter your parents can, under California law, effectively force you to live with them, either separately or together, depending on the custody order from Alabama. This would be... View More
Father hasn’t seen our child in 6 years, court ordered 6 month reconnection counseling but we have a review hearing at 3 months mark. What can I expect? Will things stay the same until 6 months are complete or will there be a modification of orders at review?
answered on Jan 14, 2020
It's hard to say without knowing the intent of the court regarding the scheduled review hearing. The judge might just be wanting to see how the reconnection counseling is going and will probably expect some kind of report from the counselor. Based on that, if the judge sees progress he/she... View More
answered on Jan 13, 2020
Not if you wish to represent yourself. Although, depending on the circumstances, you might find it wise to have one. You did not indicate anything about the case so that is much as I can tell you at this point.
If you call the clerk's office in
My family moved to Florida in August 2019. Mother requested with my move that I give her sole custody. I, unknowing my rights and feeling I had to do so agreed. We went to court and the minute order did not reflect her having sole custody. I signed the minute order her attorney sent me and mailed... View More
answered on Jan 10, 2020
From what you said I am assuming there is some type of court hearing set in California regarding custody; and mom has an attorney.
The fact pattern you are describing is a little vague as to details, but again I am assuming you moved to Florida and mom remained in California, with the... View More
My ex is potentially being charged for a felony, (waiting arraignment) to which I have been identified as a witness. He doesn't see our Kids often, no custody orders as he's never been around, now he is insisting on seeing the kids? What do I do? He said there's no court stipulation... View More
answered on Jan 9, 2020
Lots of questions need to answered before can make a cognizant response. Were you and ex married? If so were the custody issues handled as part of the Judgment in the divorce? If not did he sign a Voluntary Declaration of Paternity for each child? Is he on the birth certificates?
The... View More
answered on Jan 9, 2020
I am unsure of what you arenwanting to do. If you want to terminate the other persons parental rights there is a petition (not a form) you can file for that in California. The baseline for communication and/or support is one year. However, there nuances to that rule that you need to explore.... View More
Parents split up so who has legal custody? I've been told dad has same rights as a married father. Does the courts have to award physical and legal custody?
answered on Jan 7, 2020
If father signed a Voluntary Declaration of Paternity and is on the birth certificate then he has the same custodial rights as the mother until there is court intervention and the courts decide the matter. Pending that time no one has a superior claim to custody.
My ex-husband is being served by my lawyer. However, seems to be avoiding it.
answered on Jan 6, 2020
This is probably a question you should be asking your lawyer. Because this involves a court date I am assuming that the paperwork that you are attempting to serve on him is a Request for Order. Under normal circumstances those have to be served 16 court days head of the hearing date. If they are... View More
Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and... View More
answered on Jan 6, 2020
I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... View More
Can non custodial parent resume visits at same agency without going to court- after 9 years has passed with no visitation?
Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years after release from custody. Custodial parent has to file... View More
answered on Jan 3, 2020
You have way too many facts missing for you to get a competent answer to this question. First question is why has nine years passed with no visitation? My guess is that should you try and set it up with the same agency they are going to want something from the court in the way of a current order.... View More
Ok
answered on Jan 2, 2020
Yes, there is. In most courts the judge does not recognize a 12 year old as having the option of exercising his visitation time. If you choose to lie to the father about his availability that could be very detrimental to any future court you might have on custody issues. Not to mention the... View More
answered on Jan 2, 2020
The reasoning is a little tricky on this. Your VA compensation is not a benefit that your spouse can get a portion of, it is entirely your separate income/property.
That being said, if support, either child or spousal, are issues the court will count the amount of your VA award as non-... View More
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