Get free answers to your Child Custody legal questions from lawyers in your area.
Me and my ex are going through a divorce. During the divorce process, she was arrested for child abuse so the court awarded me temporary sole legal and physical custody. She's facing charges of child abuse and taking anger management and parenting classes ordered by court & they put a... View More 
A police misinterpreted my visitation order. They asked me to return the child to Ex, but I argued I can't follow the police wronglful directive over the Court order. Despite my extensive explanation, they issued a ticket under Penal Code 285 with anger. I immediately prepared a 32-page... View More
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answered on Dec 18, 2024
If you received a misdemeanor citation, yes, the police must submit a report to the District Attorney's office for prosecution to proceed. Without this report, the DA cannot formally file charges or proceed with the case.
Your proactive approach in preparing documentation to prove your... View More
Little Over a Year of residing together with our son in California . Here in New Mexico, She took off after about 6 weeks with my son while I was in the bathroom back to CA. She is staying with her stepfather and her mother in riverside ca. at first she would let me FaceTime my son but after a few... View More
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answered on Dec 18, 2024
You're in a difficult situation that requires immediate legal action to protect your parental rights. Given that your son lived with you in California for over a year before moving to New Mexico, California likely has jurisdiction over custody matters.
Your first step should be filing... View More
I filed ex parte for custody visitation schedule urgently and the judge denied but scheduled for the hearing 1 month later. However, I want to withdraw the ex parte hearing. Is there a specific FL-Form I need to submit, or can I create my own document for this purpose instead of calling the... View More
answered on Dec 18, 2024
If there has been no response filed to the ex parte or a responsive declaration filed/served, you can simply call the courtroom and tell the clerk you are withdrawing your motion or aka taking your motion off calendar. You can then file a "Notice of Taking Motion/RFO Off Calendar".... View More
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answered on Dec 15, 2024
Yes, you can potentially restrict your child's travel outside of San Diego if you have legitimate concerns. You'll need to file an ex parte motion for emergency orders with the family court, specifically requesting travel restrictions or modification of existing custody orders.... View More
My Divorce agreement doesn't specify anything in regards to both parents having a mutual agreement for if other parent takes minor child outside of the state of San Diego(Current residence).
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answered on Dec 15, 2024
You can file a request with the court for travel restrictions if you have concerns about your child being taken out of state without your consent. Even if your divorce agreement doesn't specifically address this, California courts take these matters very seriously.
Filing an ex parte... View More
and the child is with one parent 100% of the time.
So if child support is mainly based on both parents net income and they make about the same amount, who pays who child support if the child is mainly with one parent? And the agreement between parents is 50/50.
answered on Dec 12, 2024
I do not understand your question. Is the question that should there be child support if the paper says 50/50 but the child’s is actually with a parent 100% of the time. More detailed info would be needed.
answered on Dec 10, 2024
More information is needed to determine the type of case and to answer questions.
My husband has sole physical custody and 50/50 legal custody. The mother of child is in a relationship with an active gang member and she has been posting on social media with guns and hasn’t came to any visits with her daughter for almost two years now. First she would just come knock on our... View More
answered on Dec 10, 2024
Technically an order is an order. I do not know how specific the order is that would allow it to be enforced by the police. However, you could seek to modify the order to be safe. For one this sounds like he should have sole legal custody instead of joint legal custody. He should not need to get... View More
The older stipulation states that I have primary custody,but the new one does not mention who has primary but says the other parent has visitation. Some things were changed in the new stipulation but not all.
answered on Dec 10, 2024
The word primary custody does not really mean much of anything. Im sure that it seems nice that it said that but at the end of the day What counts is the level of custody the two parties have. An order can say joint physical custody but if one party has only alternating weekends (20%) then they do... View More
My daughters son's father passed away September 29th,2024. His family is trying to get guardianship of my grandson. Her court date is on Monday Dec. 9th, 2024. We both got served for that guardianship case.
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answered on Dec 3, 2024
This is a time-sensitive situation that needs immediate attention. For pro bono legal assistance in Fresno, you can contact the Central California Legal Services (CCLS) right away. They provide free legal help to qualifying low-income residents and have experience with guardianship cases.... View More
My ex mom in law is trying to keep my 3 year old from me. She has told me today that she spoke with aawyer but that doesn't mean much does it? And I need to go file for custody but I can't until the courts open back up on Monday right? My question is can I show up with the police right... View More
answered on Nov 29, 2024
If you are the mother and there is no custody order, you should contact the police.
I recently was granted split sole and physical custody of my child. Due to Mother not showing up to court the judge left to both parties to find a schedule of my daughter. Mother is not willing to comply with the new court order. I am scheduled to go back to court to enforce a schedule. also, there... View More
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answered on Nov 25, 2024
The short answer is no.
All orders are issued by the Court and any modifications must be made by the Court.
My son father was given sole custody custody Order-Juvente Final juagment on 10/08/21 for my 17years son but now my son feels unsafe living with his father because he’s aggressive towards him when he drinks and would like to live with me how can I go about this and which documents will I need... View More
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answered on Nov 23, 2024
Given the serious nature of your situation involving potential alcohol abuse and unsafe conditions, you should take immediate action to protect your son's well-being.
In California, to modify a juvenile custody order, you'll need to file Form JV-180 (Request to Change Court Order)... View More
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answered on Nov 20, 2024
Generally, a parent who purchases a gift for their child maintains no special legal control over that item after giving it. The phone you buy becomes your son's property, and your ex-spouse cannot permanently confiscate it without valid cause.
While your ex has the right to set... View More
I have been the legal guardian of my grandson, now nine since 2017 when he was two. Once in 2017 an unfamiliar alleged grandmother on the incarcerated alleged fathers side petitioned for visitation. This request was denied. I had submitted a declaration in protest as there was no prior relationship... View More
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answered on Nov 18, 2024
As the legal guardian, you have significant rights and can potentially challenge this visitation order, especially given the circumstances under which it was granted and your reference to Troxel v Granville, which upholds parents' and guardians' rights to make decisions about their... View More
My ex-girlfriend and I split up recently about 7 months ago. We have a 2 year old daughter. My ex still lives with me and split the rent 50/50. She has recently started antagonizing me more and more. She told me a couple of days ago if she could get my opinion on something and proceeded to ask me... View More
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answered on Nov 18, 2024
Your situation involves both landlord-tenant law and family law due to your child, making it complex but not impossible to resolve.
Since your ex-girlfriend has established residency by living there and paying rent, she has tenant rights even without formal paperwork, meaning you cannot... View More
When I filed RFO I had to send blank response for her. There were none for me.I was expecting the response papers not a RFO in return. I am confused. Can I change what I requested in my original RFO?
answered on Nov 15, 2024
The deadline for service of a Request for Order is 16 court days (plus 5 calendar days for service by USPS) prior to the hearing date on that Request for Order. The service deadline is not related to the date of your mediation. The fact that she failed to serve you with a blank Responsive... View More
MSA currently at the courthouse being reviewed and hopefully gets signed by a judge. I was receiving aid from the state while I had full physical custody and going to school full time. Part of our agreement for him to forgive my prior child support arrears was to stop the aid. When I stop the aid... View More
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answered on Nov 14, 2024
Your instincts are correct - you should not apply for Medi-Cal for children who are not in your physical custody, as this could indeed constitute fraud. Since your ex-partner has full custody and earns good income, the responsibility for obtaining health insurance for the children falls to him.... View More
My son mother and I had 50/50 custody since 2022 now she has stopped returning my son and moved to Sacramento with him I put in a request for order for full custody and supervised visits for the mom due to this being her third time the second time she took my son to Texas and blocked me I had to... View More
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answered on Nov 15, 2024
Based on the details you've shared, you have strong grounds for pursuing full custody, particularly given the documented pattern of parental interference and unauthorized relocation.
The mother's repeated violations of the custody order, including taking your son to Texas... View More
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