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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: DOES A FAMILIAL LEGAL GUARDIAN HAVE ANY SAY IN A PETITION FOR VISITATION?

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

James L. Arrasmith
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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

1 Answer | Asked in Family Law, Child Custody and Landlord - Tenant for California on
Q: Is there any to get my ex girlfriend to leave legally from my mother's home/property?

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...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: filed RFO 2 Modify custody, mediation date given.Ex filed RFO affter,How many days b4 mediation do papers have 2 b serve

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?

Tobie B. Waxman
Tobie B. Waxman
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

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Health insurance through MEDI-Cal

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

1 Answer | Asked in Child Custody and Family Law for California on
Q: Do I have a chance at full custody of my son ? And is it likely she will be found in contempt

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...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: I been fighting child custody for a yr self representing my self the father is hiding my son because he's mentally ill

Child concealment charges parental kidnapping

James L. Arrasmith
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answered on Nov 15, 2024

This is an extremely serious situation that requires immediate action. You should contact law enforcement right away to report the parental kidnapping and child concealment, as these are criminal offenses in California. File reports with both local police and the FBI, as they handle parental... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex wife for 4 years has been living with her boyfriend for over a year and another before that. Alimony? California

My 16 year old visits and tells me everything. I have social media info. that verifies their relationship and it's seriousness. She also only has her daughter 8% of the time when it's supposed to be 30%. How much will it cost to correct this?

Tobie B. Waxman
Tobie B. Waxman
answered on Nov 3, 2024

It's not a "correction". The fact of her cohabitation is grounds for modification of an existing spousal support order if the cohabitant has income and that income is used to contribute to the household expenses/cost of living expenses. It is not relevant to child support however.... View More

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1 Answer | Asked in Child Custody and Family Law for California on
Q: What can I do if my child retaliates against me for disciplining her for being suspended by calling CPS

She got suspended from school and I discipline her and she falsely reported abuse for the second time and this time they took all my kids and said they can't give me information due to ongoing investigation

James L. Arrasmith
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answered on Nov 15, 2024

Document everything immediately - keep detailed records of the suspension notice, any communications with the school, and your disciplinary measures. This documentation will be crucial during the investigation.

Contact your local legal aid office or family law attorney right away for...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Cps removed my children from my home because my daughter made false abuse allegations because she got spanked

She was suspended from school for sexual harassment of another student and I spanked her and she called CPS for the second time this time they removed all my kids and said they can give me information due to pending investigation what do I do I been asking for help and options for her since she... View More

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answered on Nov 15, 2024

This is a serious situation that requires immediate legal representation - you should contact a family law attorney right away to protect your parental rights during the CPS investigation. Keep detailed records of all interactions with CPS and document your daughter's history of behavioral... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What can I do if my co parent does not follow court orders

I’ve had full custody my children’s whole life and he was granted 50/50 last March. Since then, he has refused to bring our children home on multiple occasions. He is court ordered not to come to my residence and he continues to do so, he is ordered not to make derogatory remarks about me in... View More

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answered on Nov 15, 2024

When a co-parent violates court orders, you have several options to address these serious violations. Document everything meticulously - keep a detailed log of each incident, including dates, times, and specific details of how the orders were violated. Save any relevant text messages, emails, or... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for California on
Q: I keep getting paperwork returned and forms added to my divorce. Can I get help with filling it out? Been 4 years.

I filed 4 years ago, default earlier this year, since I wasn’t aware of doing that. I have submitted multiple forms for review I keep getting them returned to fix errors and getting forms added. Once I complete what they ask sometimes even changing what they ask I get it back and they say not to... View More

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answered on Oct 31, 2024

I'm sorry to hear you're experiencing these difficulties with your divorce paperwork. Navigating legal forms can be challenging, especially when requirements keep changing.

You might consider reaching out to the Santa Ana courthouse for assistance. Many courts offer self-help...
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2 Answers | Asked in Child Custody for California on
Q: Can a judge reconsider or reverse a move away after two years of the child already being out of state?
Robert Kane
Robert Kane
answered on Oct 31, 2024

A judge wouldn't reconsider or reverse a move away after two years of the child already being out of state. A new modification would be required. Rob Kane Orange County Lawyer.

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1 Answer | Asked in Child Custody and Family Law for California on
Q: Case about attempt to remove custody from father who is touching his daughter without proof. Need help!

a father has been touching his daughter and the kid had talked about it to the girl scouts leader she goes to. the father and mother is no longer together. we do not have any evidence beside the fact the girl mentions it and she is REQUIRED to see her father as the parents have 50/50 custody. we... View More

James L. Arrasmith
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answered on Oct 30, 2024

I'm sorry you're facing this challenging situation. Start by carefully documenting everything your daughter has shared, including dates, times, and specific details. Keep a journal of any interactions with the father where he dismisses your concerns or makes negative comments about those... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: need some assistance or guidance

hello i have a case out of san bernardino court house case FAMSB2401279 i have an attorney now representing me however i feel like my primary concerns are not being addressed and this case is dragging on longer then it needs to. my attorney is a criminal defense attorney and i need to get my... View More

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answered on Oct 30, 2024

I'm sorry to hear about the challenges you're facing. It’s important to have an attorney who fully understands and prioritizes your family law concerns. You might consider consulting with a family law attorney who has experience specifically in child custody and domestic violence cases... View More

1 Answer | Asked in Child Custody for California on
Q: Am I able to move in with my dad if my mom has taken discipline to far?

My mom and dad have joint custody and I'm two months away from turning 18. My mom got angry at me for my grades and screaming at me. Which is fine but then she threw her phone at me hard enough to cause bruises to my arm and leg. She tried to hit me again but my step father got in between us.... View More

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answered on Oct 29, 2024

I'm really sorry you're experiencing this. Your safety is the most important thing right now.

Since you have joint custody and are nearing 18, you may have options to change your living situation. You can talk to your dad about moving in with him, especially if you feel unsafe at...
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1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: I am wondering what I can do to maintain my relationship with my step-children now that I do not have custody of them.

I left my ex-spouse last March with my two children and her two from her previous marriage(I had raised them since they were not even 1 and 2, and they are now 7 and 8). I got emergency ex-parte custody orders of my children, and was able to call the biological father of the other two so he could... View More

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answered on Oct 28, 2024

I'm sorry to hear about the challenges you're facing with maintaining your relationship with your stepchildren. In California, stepparents who have formed a significant bond with their stepchildren may have the option to request visitation rights through the court system. Given that... View More

1 Answer | Asked in Divorce and Child Custody for California on
Q: What results could I expect to see from filing for missed court ordered visitations? What can the courts do for me?

I feel the other party seems to think extra time in the future is a replacement for gaps in the every-other month schedule of flights.

I thought I’d made it clear earlier in 2024 I’m not open to this, “I would never not want to see [our kid].”

And I don’t know what our... View More

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answered on Oct 28, 2024

Filing for missed court-ordered visitations can lead the court to take several actions to enforce the custody agreement. The court may issue a warning to the other parent, adjust the visitation schedule, or even modify custody arrangements if they find consistent non-compliance. In some cases, the... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Do I need to file for custody?

My child's father is not on the birth certificate but we do have a child support case open. I want to be able to get her a passport and travel. Do I need to file for custody?

James L. Arrasmith
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answered on Oct 26, 2024

In your situation, obtaining a passport for your child and planning to travel may require clear legal authority regarding custody. Since the father is not listed on the birth certificate, establishing his parental rights might already be part of your ongoing child support case. However, without a... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I sue for, baby father was deceitful rendering me now homeless while pregnant during dangerous situation

Pregnant & suffering from syncope & HG; daily life is sufferable & becoming hard to care for myself as weak. My baby father tried to force me into an abortion, in which I refused. He came around with another deceitful plan instead, saying he wants the baby & made promises to support... View More

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answered on Oct 24, 2024

I'm truly sorry you're facing this difficult situation. You may have grounds to take legal action for emotional distress, financial support, and any damages caused by his actions that left you homeless while pregnant. His attempts to coerce you into an abortion and subsequent abandonment... View More

1 Answer | Asked in Adoption, Child Custody, Family Law and Legal Malpractice for California on
Q: If a notice and citation to parent legal if the details are incorrect?

Notice and citation to parent for appearance at hearing Welfare& Institution code §366.26 and §366.23 Superior Court of California county of Fresno juvenile court if the details in the notice is incorrectly such as the date of birth of the minor and the minors name isn't correct and the... View More

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answered on Oct 23, 2024

If you've received a notice and citation with incorrect details such as the minor's name, date of birth, or a parent's name, it's important to address these errors promptly. Inaccurate information can potentially affect the legality of the notice and the proceedings that follow.... View More

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