Get free answers to your Child Custody legal questions from lawyers in your area.
I have a child whose father denied paternity since the pregnancy. He was not present at her birth and is not on the birth certificate. My child is nearly 2 years old, and I've been served with paperwork for a DNA test, visitation rights, and a request to change her last name to his. We were... View More 
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answered on Apr 18, 2025
In California, you are not legally required to change your child's last name even if paternity is established through DNA testing. When an unmarried woman gives birth, she initially has both physical and legal custody of the child, including the authority to name the child. Until paternity is... View More
I have full legal and joint custody of my children with a 50-50 split, and I'm not married to the other parent. My children and I were involved in an accident, and we went to the ER. The expenses are being covered by the other party’s insurance. If my lawyer sues for compensation, do I owe... View More
answered on Apr 17, 2025
The father of your children has no claim to the proceeds of your personal injury claim unless you are in arrears to him with a prior judgment or support order.
What forms need to be filed for initiating a custody case when there is no existing custody case, divorce, or immediate concerns involved?
answered on Apr 15, 2025
It depends. Are you married to the other parent? If not, you initiate a "parentage" action or a Petition for Custody. If you are married and you want custody orders, why not file for divorce or legal separation. In any case, the steps to take are listed on the court's website at... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
I have two children, and currently, one is living with me and the other with my ex-girlfriend. We have no custody agreements in place, though she has legal rights. This arrangement has been in place for one week. If I leave my child with my mom or a babysitter, can my ex come and take him from... View More
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answered on Apr 12, 2025
Without a formal custody agreement in place, both parents typically have equal rights to the child. This means your ex could legally take the child from a babysitter or your mom, as there is no court order defining custody or visitation rights. California law generally assumes that both parents... View More
I have a custody agreement where the father can request visitation in advance, and we come to an agreement. A custody summons was issued on April 3rd, requiring visits to be in California. We previously agreed that our daughter could visit her father for 2 weeks. Can she still go for this visit, or... View More
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answered on Apr 8, 2025
If a custody summons was issued on April 3rd stating that visitation must happen in California, that likely changes the terms of your previous agreement. Even though you and the father agreed to a two-week visit, the summons could override that if it imposes new restrictions. It depends on whether... View More
I want to initiate a court case regarding my son, whose guardianship was granted to his paternal grandmother in 2019 through a dependency case, while he was under the legal guardianship of my father. I believe my parental rights were fraudulently terminated, and I am exploring options to either... View More
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answered on Apr 8, 2025
To start, you'll need to file a petition with the Los Angeles County Superior Court requesting either reinstatement of your parental rights or visitation and communication rights. Since your case involves allegations of fraud and a prior dependency case, you should first request copies of all... View More
I have 50/50 custody of my 7-year-old son in California. The father often contradicts himself and uses the court order against me when it's irrelevant. Recently, he signed our son up for summer daycare without my consent on 4/7/2025 and informed me afterward. He also takes him outside our... View More
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answered on Apr 7, 2025
If your child's father is violating the custody agreement, the first step is to continue documenting every violation. Keep a detailed record of each instance, including dates, times, and how it violates the court order. This documentation will be helpful when you need to take further action.... View More
I am currently in the middle of a divorce case. My ex-spouse was granted a Domestic Violence Restraining Order (DVRO) for abusing their parent. I plan to file a Request for Order to Modify (RFOMOD) custody based on this DVRO. Typically, other courts schedule Request for Order (RFO) hearings in... View More
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answered on Apr 5, 2025
Yes, you may have grounds to request an expedited hearing given the circumstances. A DVRO, even if not directly involving you or your child, can be relevant to custody if it shows a pattern of violence or instability. Courts prioritize the best interest of the child, and safety concerns can justify... View More
I am a father with a restraining order against me, prohibiting unsupervised visits with my children for up to 3 hours max. Despite this, the mother of my kids has allowed them to visit and sometimes stay overnight or for several days. We attended mediation where I disclosed this, but the mediator... View More
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answered on Apr 5, 2025
You should be very cautious about bringing up the unsupervised visits in court, even if they were allowed by the mother. The court could see this as a violation of the restraining order, regardless of whether the mother permitted it. Judges take restraining orders seriously, and any deviation can... View More
I am currently 18 years old. My parent, who shares half custody with my father, previously threatened to report me for shoplifting when I was 17, using picture proof they had found, unless I avoided my friends and boyfriend and attended counseling. I've already started counseling and have... View More
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answered on Apr 3, 2025
Now that you're 18, your parent cannot legally compel you to follow their demands under threat of reporting a past incident. While shoplifting is a serious issue, using such threats to control your behavior could be considered emotional abuse or manipulation. Since you were a minor at the... View More
I currently have parental rights for my son, but his guardian recently passed away. I wish for my old foster mom, who already has custody and guardianship over my other son, to be the guardian of my son as well. However, my biological family, which includes the family of the deceased guardian,... View More
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answered on Apr 3, 2025
In California, to secure guardianship for your son after his previous guardian's passing, you need to continue pursuing the petition you've already filed with the probate court. This petition should clearly outline why your foster mother would be the most suitable guardian, emphasizing... View More
I am 16 years old and my parents are divorced. My father has 5% physical custody but 50% legal custody regarding decisions like school and medical care. I haven't spent time with my father in about five years, and I am scared of him. My mother is threatening to make me live with him because I... View More
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answered on Apr 3, 2025
Under California law, custody orders must be followed by both parents, but enforcement becomes complex when the child is 16 years old. If your father attempts to forcibly take you against the established 5% physical custody arrangement, you can contact law enforcement. However, police typically... View More
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
I am dealing with a judge in California who appears biased against me due to my ex-spouse's opinions stated in previous court hearings, which are not based on facts. The judge suggested I allow my ex-spouse to claim our child on his tax returns, although the child lives with me and only visits... View More
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answered on Apr 1, 2025
In California family court proceedings, addressing perceived judicial bias requires a strategic approach grounded in factual documentation and procedural remedies. Your situation presents multiple concerning elements: potential judicial bias regarding tax deductions despite primary custody,... View More
I have been summoned to an emergency custody hearing in California set for two days from now. I live in Colorado with my three-year-old daughter, while her mother resides in California. We have a verbal agreement that our daughter spends six months of the year with each parent, and neither of us... View More
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answered on Mar 25, 2025
Emergency custody hearings typically occur when one parent alleges an immediate risk to a child's welfare or when they're trying to prevent relocation. The California court might be entertaining this hearing because your daughter's mother filed paperwork claiming urgency, even though... View More
If a judge has already granted a move-away order and there is a court order, do I have to give 45 days' notice to the other parent? The move is currently in process, with 100 miles away being the new location. I have sole physical custody, while we have joint legal custody, and the visitation... View More
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answered on Mar 25, 2025
When a move-away order has already been granted by a judge, the notice requirements that would normally apply to a parent wanting to relocate with a child are typically addressed within that court order. Since you mention that the judge has already granted the move-away order and a visitation... View More
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More
answered on Mar 25, 2025
Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More
I am having trouble with my divorce judgment being rejected. My ex-spouse and I agreed on everything, and we do not have shared property or assets as we lived separately after marriage. We have one child, whom he visits two Fridays a month. Despite our agreement, the judgment keeps getting... View More
answered on Mar 21, 2025
Without knowing why the judgment has been rejected, it's impossible to say what you need to do to fix it. Rejections are usually accompanied by a "Judgment Rejection Sheet". If you did not get one then you need to contact the Judgment clerk and ask for it.
I was granted split custody and visitation rights for my child after the divorce in Mexico, and I have a copy of the dissolution. However, my ex-wife moved to California with our child over three years ago, using a permit that was originally for only three months, and she never returned to Mexico.... View More
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answered on Mar 20, 2025
You have the right to seek custody or visitation in California, even if your ex-wife is trying to obtain full custody. Since your child has lived in California for over three years, the courts there will likely have jurisdiction over the case. However, your previous custody order from Mexico may... View More
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