Get free answers to your Child Custody legal questions from lawyers in your area.
my gf has battled sociopath ex for 7 years. He loves filing motions and never stops until he gets what he wants. Recently he requested psych evaluation for her and the kids for 3rd time, the judge historically denied stating out of scope. However this last time he filed so many things she forgot to... View More 
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answered on Oct 3, 2024
You have the right to address discrepancies in the court order. Start by carefully reviewing the order to confirm it specifies only an evaluation for you and the children, without mentioning treatment. Gather any documentation that supports your understanding of the order.
Next, communicate... View More
My child’s mother and I have joint custody. Our daughter is 9 and last year her mother decided to enroll her in cathechism and while I’m not religious I allowed it. However, she never did do what was required and so my child basically “failed” so I decided no more. It is a waste of money... View More
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answered on Sep 30, 2024
In your situation, the other parent cannot force you to take your child to church or comply with religious activities during your custodial time, especially if you both have joint custody. Decisions regarding your child’s religious upbringing are typically considered joint legal decisions,... View More
answered on Sep 29, 2024
No one will read it. Unless there is a pending hearing, anything you file with the court will get stuck in the case file and no one will see it, read it, or consider it. If you have a hearing pending, the best way to get information to the judge that is relevant to that hearing is by way of... View More
The newborn is 5 days old father has not been in the picture since mother was two months pregnant nor has he financially helped during the pregnancy. Now that the baby is here the father is wanting to just come into the house and visit the baby whenever he wants he is not taking any financial... View More
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answered on Sep 29, 2024
Yes, it is possible for the mother to seek sole physical and legal custody of the child, especially given the circumstances you described. The court typically prioritizes the best interest of the child, and factors like the father’s lack of involvement during the pregnancy and his current living... View More
I have proof the petitioner was untruthful but judge said he already made his findings and was not going to change it
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answered on Sep 29, 2024
It can be frustrating when you feel that the judge has ignored important evidence or overlooked a misunderstanding. In your case, it sounds like you believe the lawyer misled the court, and despite presenting proof, the judge chose not to reconsider the findings. Judges have broad discretion in... View More
My daughters mother is using her upperhand to create haywire visit schedules, just so they fail more than half the time. And creating issues based upon the absence .
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answered on Sep 29, 2024
It sounds like you're facing a frustrating and challenging situation with your daughter's visitation arrangements. If the court ordered supervised visits with her mother’s boyfriend as the supervisor, but you feel uncomfortable or believe this arrangement is causing unnecessary... View More
I am the mother of a child that was born September 23rd 2024 I'm trying to co-parent with the father of the child refuses to pay child support. I allow him to come to my house everyday to see his son but my own mother has to provide for our son because the father will not help with his... View More
answered on Sep 28, 2024
Contact your local Child Support Services and request they assist you with obtaining child support orders. https://www.fresnocountyca.gov/Departments/Child-Support-Services
My daughter dad is not on the birth certificate. He’s been paying child support since she was 2/3 no visits set in place. He use to see her maybe 1-2 times a year and now been 2 years he’s not seen her. He doesn’t call to talk to her ever and now it’s been over a year he hasn’t paid... View More
answered on Sep 27, 2024
You can do whatever you want. If you don't have any court orders mandating when, how or even whether you communicate with him, you don't have to.
answered on Sep 24, 2024
Your son may get custody of his children from their unmarried mother who is a substance abuser if all factors point to it being in the children’s best interest.
If so, can I count as independent status for FAFSA
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answered on Sep 23, 2024
Enlisting in the U.S. Army Reserves at 17 in California does not automatically emancipate you. Emancipation in California typically requires a court process or getting married, and joining the military is not enough on its own. To enlist at 17, you would also need parental consent, further showing... View More
My 16 year old wants to live with the father but my youngest don’t how will the child support work in this case
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answered on Sep 22, 2024
It is possible. Child support is based on the percentage of time each of you has the children and your respective incomes. For example, if you make very little money and he was very wealthy, he may have to pay child support even though he had both children the majority of the time. The same works... View More
Cal says %50 of your take home. For 3 or more kids. But, if you taken away my mean to to work. How do you think I can pay
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answered on Sep 22, 2024
It sounds like you're in a tough spot with child support and your ability to manage your financial responsibilities. California does have guidelines for child support, and for three or more children, up to 50% of your take-home pay can be allocated. However, leaving you with so little to live... View More
The proposed MSA: Family Code §5616: The parties acknowledge that they have been advised that: In the event that there is a contract between a party receiving support and a private child support collector, the party ordered to pay support must pay the fee charged by the private child support... View More
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answered on Sep 19, 2024
In your situation, while your ex may agree to forgive your arrears in exchange for stopping child support and spousal support garnishment, the final outcome depends on whether the court approves the agreement. A judge will review the MSA (Marital Settlement Agreement) to ensure that it complies... View More
in 2013. after 5 years of court. I relinquished my rights and we agreed on a child support order/ change, to 0$... The mother from my understanding has not seen our son in the past 3-7 years. My past court date was to transfer parental rights from our son's mother to her father. Now I received... View More
answered on Sep 19, 2024
Not sure what you mean by "released your rights". You cannot relinquish your parental rights unless your child is being adopted. Your obligation to pay child support/to financially support your child remains enforceable regardless of what agreements you may have reached with the other... View More
I filed for divorce 2 months ago. There’s a custody hearing next month (that my ex requested) but I have not received support or requested an order for it. I’m going to file for it now but wanted to know, how long will it take for me to receive any temporary support while divorce is pending ?... View More
answered on Sep 19, 2024
If you don't have a court order for support, you won't get support. Once you get your court order for support, you should obtain an "Income Withholding Order" and then serve that on the supporting parent's employer. It may take a couple months to process before support... View More
The court mediator, recommended immediate return to mom,but his lawyer said she was bias, and they file new laws everyday, they don’t serve me, and got my trial date moved to next year. How can I quickly reverse or dismiss this, based on no due process, fact finding, no service, no evidentiary... View More
answered on Sep 19, 2024
First off, get your own attorney right away if you have not done so. This is not a situation you want to try to handle on your own.
With the attorney you can discuss if a motion to advance, new trial date or emergency motion is the most appropriate action. If you have any evidence that... View More
Example: min order says pickup is at parents home, but court order states nothing about a specific pickup location
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answered on Sep 18, 2024
If you have a court order regarding child custody, the terms of that court order will take precedence over any general guidelines or "minimum orders." This means that you should follow the details laid out in your specific court order, even if the minimum guidelines suggest something... View More
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answered on Sep 15, 2024
If you feel your attorney is not effectively representing you in your child custody case, it's important to take immediate action. Start by having a candid conversation with your attorney about your concerns. Explain how you feel they aren’t standing up for you in court and ask for a clear... View More
I am 24 and my daughter is five my case worker has retailed against me because I reported her for labeling me as petty now I was told be my appointed lawyer that even if I complete my case plant daughter won’t return to me because her and her supervisor to my lawyer that I’m focused on my... View More
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answered on Sep 13, 2024
It sounds like you're going through a difficult time with your CPS case, and it's important to know that you have rights. If you believe you’ve been discriminated against or retaliated against, you may be able to seek legal help to ensure you are treated fairly. Gathering evidence like... View More
We been going to court already for the 5th time for divorce. We got a house before we married but moved in to the home together the first day we got it we both split the mortgage. She got me good she put her dads and her name on the house. I lived there for 15 years we remodeled the home and... View More
answered on Sep 15, 2024
In divorce cases, property division depends on factors like when the home was purchased, how it was financed, and state laws. Since the house is in her and her father's name, it might be considered non-marital property unless there’s evidence it was shared as marital property. However, if... View More
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