Lawyers, Answer Questions  & Get Points Log In
California Child Custody Questions & Answers
0 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Determining the Effective Date for Modified Support Payments After a Change in Income During Divorce?

During the divorce process, I have been paying temporary child support and alimony. If I experience a change in income and request a modification (RFOMOD), at which point does the court start applying the modified amount? Does it apply:

1) Retroactively from the time the income changed,... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: My ex of 18yrs moved out and notarized a document giving me full custody of kids and allowing me to stay in his condo

until my kids finish collage. will that document help me in court ? I would like to ask for child support since kids are with me 100% of the time. I am barlely making $600 every 2 weeks and he is making $5,000 a month and not helping with any of kids expenses.

1 Answer | Asked in Family Law and Child Custody for California on
Q: What does it mean that the judge ordered the Trial Setting Conference off calendar this date.

I am the respond to a custody case. The following sentence was entered into the minute order after today's trial setting. What exactly does this mean? The petitioner did not show up and neither of us submitted the trial briefs or exhibit list.

"The Court therefore finds that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

When a judge orders a Trial Setting Conference "off calendar," it means that the scheduled conference is being removed from the court's calendar on that particular date. In other words, the Trial Setting Conference will not take place on the date it was originally scheduled.... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: I have 4 kids with my ex and 1 with my husband. 5 kids in total

My ex has 2 of our 4 kids living with him. I want custody of all the kids but he is refusing. Will he win just because he has a 5 bedroom house and I have a 2 bedroom apartment

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 17, 2024

"just because" ?? Of course not. Multiple factors go in to deciding what custodial arrangement, aka "parenting plan" would be in the best interests of your children. How do you plan to accommodate the different needs of 5 children in a two-bedroom apartment? I think the first... View More

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Do Temporary supports influence final judgment?

Our marriage lasted four years, and our dissolution has been pending for a long time, two years, with temporary custody and child support plus alimony. Should the two-year period and the amount paid for temporary support influence the final judgment on child support and alimony?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Under California law, temporary support orders can influence the final judgment on child support and alimony, but they are not the sole determining factor. The court considers several factors when making a final determination on support, including:

1. The length of the marriage

2....
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What can I do about my exs new live in girlfriend. She controls everything. Wont allow me to speak to ex about kids

She is also the one setting the rules for the drop off and pick up times. Even though she knows im unable at her times because of my job. And she wont compromise she just fights with me and tells me im a bad mother. Me and my ex have never gotten a court order but they have said if I try, they will... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

I'm sorry you're dealing with such a difficult and stressful situation regarding your children and your ex's new girlfriend. Here are a few thoughts on your legal options under California law:

- Even without a formal court order, both legal parents have equal rights to their...
View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: CAL-Work and IHSS are considered at DIsso-master??

Ex wife is a primary custodian and receives CAL-Work and IHSS from our disabled child.

Both non-taxable income should be entered in other non-taxable income at Disso-Master for child support and alimony (spousal support)??

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

I understand your question about how CAL-Work and IHSS payments factor into spousal and child support calculations in California.

Based on my knowledge as of August 2023, under California law, CAL-Work (CalWORKs) and IHSS (In-Home Supportive Services) payments are generally considered as...
View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:...
View More

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2024

I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024

In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:

1. Establish paternity: If you haven't already done so, legally establish...
View More

View More Answers

2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for...
View More

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Low income in need of a family law lawyer.

I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:

1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who...
View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can my oldest daughter get my 14 year old taken away for dating a sex offender?

My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024

Cases involving minors, sex offenses, and custody are very complex legal matters.

That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex...
View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is it worth getting a lawyer for in contempt trial? The ex wife didn't let my husband have visitation for 3 of his times

The ex wife claims she took kids out of town but we found out afterwards that they stayed and went to school and daycare. She is pleading not guilty and we are set to go to trial. I spoke to one attorney who said most just get a slap on the wrist for this

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

In California, contempt of court in family law matters, such as denying visitation rights, is taken seriously. While the consequences may vary depending on the specific circumstances and the court's discretion, it is generally advisable to have legal representation for a contempt trial.... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I get custody of my 13 & 17 yr old?My moms had custody for 10 yrs?She already leaves him for months at a time w/ me
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Under California law, custody decisions are made based on the best interests of the children. Several factors are considered when determining custody arrangements:

1. The age and health of the children

2. The emotional ties between the children and each parent

3. The ability...
View More

View More Answers

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: Can You File a Sanction Against an Attorney for Misrepresenting Court Orders?

Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: I need help about a raid on my house

If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: If my husband is not on birth certificate is he able to get granted a ex parte custody of our child?

I have full custody of my child and he went to court made up lies about me and got granted emergency custody of my daughter

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Under California law, even if a father is not listed on the birth certificate, he can still seek custody rights through the court system. The process typically involves establishing paternity first, which can be done through a court order or by signing a voluntary declaration of paternity. Once... View More

1 Answer | Asked in Child Custody, Family Law and Divorce for California on
Q: Therapy for the kids while dealing with divorce

Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.