Get free answers to your Child Custody legal questions from lawyers in your area.
I have a question regarding my custody arrangement and pick-up responsibilities. Per our court order, I have joint legal and physical custody (50/50), with my scheduled pick-up time at 11:30 AM on non-school days and 3:00 PM on active school days.
However, my children’s mother frequently... View More 
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answered on Feb 8, 2025
Your concerns about these last-minute schedule changes are valid and understandable. When the court order specifies different pick-up times for school days versus non-school days, the schedule should typically follow the established school calendar, not impromptu decisions by either parent.... View More
How can I get the venue changed seems unfair to me and a conflict of interest
answered on Feb 6, 2025
You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More
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answered on Feb 5, 2025
A family law attorney can potentially help you address both your child support arrears and credit report concerns in California. Many parents face similar challenges, and legal assistance can make a significant difference in your situation.
Your attorney can work with the court to... View More
I have no money
answered on Feb 4, 2025
Unfortunately, you are not alone. Millions of Californians seek free representation. The courts' and State Bar's websites have links.
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answered on Feb 3, 2025
I understand you're going through a difficult situation with CPS and your victim rights. While victims may pursue legal action against Child Protective Services for failing to protect them or provide necessary services, this is a complex matter that requires careful consideration.... View More
I have a final judgment in my divorce case in California. I want to know if I can request updated financial information (income and asset details) and marital status from my ex-spouse after the judgment, especially for child support and spousal support purposes.
Additionally, if my... View More
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answered on Feb 1, 2025
You can request updated financial information from your ex-spouse after a final judgment in California if you need it for child or spousal support adjustments. The court provides avenues for post-judgment discovery to obtain necessary income and asset details.
If your ex-spouse provides... View More
I have been wanting to leave my husband for years due to emotional, psychological, verbal abuse. On Sunday, 1/26 he grabbed me by the hair and pushed me outside and locked me out. He also hit the back of my son’s head. I didn’t call 911 but it was witnessed by my daughter and my mother. He... View More
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answered on Jan 28, 2025
I’m so sorry to hear about what you’re going through. Your safety and the safety of your children is the most important thing right now. If you haven’t already, please consider reaching out to a domestic violence shelter or hotline. They can help you create a plan to safely leave the... View More
and my ex filed a motion to quash because the kids live in riverside county how do I answer that
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answered on Jan 26, 2025
When your ex files a motion to quash due to jurisdiction, they are essentially arguing that the court where you filed does not have the authority to decide on custody and visitation because the children reside in a different county. To respond, you should file an opposition to the motion to quash,... View More
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answered on Jan 29, 2025
For child support, it depends primarily on the timeshare and the parties income. See the statewide child support guideline. Spousal support depends on whether the support you're referring to is temporary or permanent/long-term, and even, FC 4320 would need to be applied regarding the latter,... View More
My ex has failed to submit the Preliminary Declaration of Disclosure (PDD) and previously attempted to request a trial setting, which was denied. I have been paying alimony based on a stipulation, not calculated by income considerations. The marriage is approaching the halfway mark of its duration,... View More
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answered on Jan 24, 2025
Filing an RFO to terminate spousal support based solely on your ex's failure to submit the PDD might be challenging, as courts typically require substantial changes in circumstances directly affecting the support calculation to modify alimony.
While your ex's non-compliance with... View More
I pay $1600 a month for the garage and two kids bedrooms.
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answered on Jan 23, 2025
Your situation involves complex family dynamics and tenancy rights in California. The key factor here is that you have established yourself as a tenant by paying monthly rent, creating a legitimate landlord-tenant relationship regardless of family ties.
Under California law, your position... View More
Im 15 and recently had a question on here if it was smart to call cps. i did end up contacting them and my first choice moving forward is to attempt to get emancipated i was wondering if that was a good move as i do not want to be in foster care. should i hire a lawyer in this case? should i move... View More
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answered on Jan 21, 2025
I hear how difficult and painful this situation is for you, and I want you to know that your safety and wellbeing matter deeply. While emancipation might seem like the best escape from abuse, it's incredibly challenging at age 15 - you'd need to prove you can fully support yourself... View More
My parenting plan designates Monday as a school day, requiring me to drop off our child at school (or to the other parent) in the morning. However, I have scheduled a necessary dental procedure for our child on a Monday at 8:00 AM that requires sedation and necessitates the child resting at home... View More
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answered on Jan 20, 2025
Hire an attorney to work through this with the other side by way of a stip and order. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
answered on Jan 20, 2025
You will need to better explain your situation.
It is difficult to determine what this exactly means: is it legal for a cps worker to send her hersonal mail to my home address?
so the father of my kids has never paid any type of child support or even tried to see my kids but he has been paying child support to he's other kids but when i asked child support about what happened to my case they said that they closed my case cuz the place where he works at said he had... View More
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answered on Jan 16, 2025
You can absolutely pursue legal action against the Department of Child Support Services (DCSS) if they failed to properly investigate or handle your case. Their responsibility includes verifying information and taking appropriate steps to collect child support, and it seems they may have accepted... View More
My grandson's father has not been contrumibuting to his son for the past 4 years. My daughter has had my grandson for 80 to 85% every month. They have an agreement where she has him from Monday to Saturday and they alternate weekends. I want to make it this official for child support & custody.
answered on Jan 14, 2025
To make it official, Mom needs to file a Parentage action and get custody and child support orders. Without court orders, nothing is official and therefore no agreement between them is really enforceable. She can also open a case with CSSD (The Department of Child Support Services).
father not convicted was released but case is active . released from jail.
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answered on Jan 12, 2025
This is a difficult situation that requires careful consideration of the child's best interests. In California, when one parent passes away and the other parent faces criminal charges but has been released, the living parent generally retains parental rights unless they are found unfit by the... View More
Question 1) My ex recently filed a Request for Trial Setting, but they haven’t yet filed their Preliminary Declaration of Disclosure (PDD). I’d like to file a Motion to Strike based on the missing PDD. Am I required to use Form FL-300 for this motion? or just Autho & Memo, Decl. If I’m... View More
answered on Jan 11, 2025
First, if the other party has not filed their FL141, the request for trial setting will be rejected. Second, you do not need to file a motion to strike that request. Instead, filing an objection to the request for trial setting is sufficient assuming you list all the valid bases for objecting to... View More
I have raised my daughter her entire life I did not file for custody because her father lives out of state she had no contact with her father's parents for years until recently since then I have went to pick up my child once and been refused had to call the police have had CPS come to my house... View More
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answered on Jan 7, 2025
You need to take immediate legal action to protect your parental rights - gather all documentation showing your history as the primary caregiver, including school records, medical records, and any communication with the grandparents. Document every incident where they've interfered, including... View More
A person is holding my youngest daughter (6yrs old ) and won't returned her back to me she filed a RTO against my mother in law and added me as a additional person so am not allowed to talk to my daughter she doesn't have any legal paper work as to being a guardianship of my daughter I... View More
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answered on Jan 2, 2025
You may want to gather and organize any documents that show your parental rights, such as your child’s birth certificate and any existing custody orders. Then, you can consider filing an emergency motion in family court, which would allow a judge to address the immediate concerns surrounding your... View More
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