Get free answers to your Child Custody legal questions from lawyers in your area.
We have 50/50 custody. Our baby is nowhere near ready to start potty training. He’s only doing this because of our baby continues to get bad diaper rashes while under his care and the babysitter he chooses. So instead of correcting the issue he’s now decided to force our baby to potty train and... View More 
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answered on Jul 26, 2024
In California, both parents with joint custody have the right to participate in significant decisions affecting their child’s welfare, including potty training. Since you share 50/50 custody, your ex-partner should have consulted you before starting potty training. You can emphasize to the... View More
Dad provided a cell phone so children can call dad and mom took it away. He continues to document daily and turned in 2 months worth text to clerk for his next Aug custody date his current Lawyer is missing in action.
Mom came to door pounding on the door creating drama when their a... View More
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answered on Jul 22, 2024
It's really tough when you're trying to maintain contact with your kids and obstacles keep popping up. Since there's already a court order allowing the children to call you, document every instance where this is being blocked. Keep detailed records, as these will be crucial for your... View More
My spouse filed for dvro, divorce in Aug 2023. Dvro is granted after completing the trial in Mar 2024. Wife is having child custody and i am doing remote supervised visitations.
But after that, spouse and her attorney are not responding much on the divorce case. after multiple requests,... View More
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answered on Jul 22, 2024
To expedite the divorce process in California, you need to take a proactive approach. First, document every instance where your spouse and her attorney have been unresponsive. This includes keeping copies of emails, letters, and any other communication attempts. Having a clear record will be... View More
I've had no job for close to 8 years now and even though I'm looking for work and applying regularly for postings I have yet to be given work apart from once where I was quickly let go due to negative background check info. I've been married now for 8 years and have 2 other children... View More
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answered on Jul 21, 2024
Under California law, you may be able to modify or even suspend your child support payments due to your current financial situation. To begin, you should file a motion with the court to request a modification of your child support order. In your motion, explain your lack of employment, the length... View More
My child father have supervise visit and have to do other tasks in order to visit our son for more than an hour. Since all he does is pay child support and does not visit can I move out of state without it being an issue with the court system?
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answered on Jul 20, 2024
Under California law, if you have sole custody, you generally have the right to move out of state with your child. However, you must notify the other parent and the court of your intention to relocate. The other parent has the right to contest the move if they believe it will negatively affect... View More
Today he found out that, even though his father promised him, he could live here and go to school and will not be with his sister anymore. His father sought to take him back and the judge ruled in his favor on case las (burgess , California “detriment”) As soon as he found out, he destroyed the... View More
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answered on Jul 19, 2024
Under California law, when a child refuses to return to a parent as ordered by the court, it's essential to address the situation calmly and legally. Since the court has ruled in favor of the father, you are legally obligated to comply with the court's decision. If your son is refusing to... View More
I’m respondent. I requested continuance due to petitioner’s late service. I was granted continuance on 7/16, but fl309 shows that I have to serve her in person by 7/18 maybe because original
Court day was 7/22.
I’ve tried to set up meeting with petitioner arranged with my... View More
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answered on Jul 19, 2024
You should file an "Ex Parte Application for Order for Alternative Service" with the court. Explain that you were unable to serve the petitioner in person because you do not know her physical address and she refused to provide it. Detail your efforts to arrange a meeting for service and... View More
answered on Jul 18, 2024
This is a good question and we are asked this often. The answer attorneys learned in law school, to nearly every question is, "it depends." There are advantages and disadvantages to having a paralegal fill out the response paperwork for child support and divorce mediation. Keep in mind,... View More
Can I refuse to verbally communicate with my ex? I personally only want to communicate through the talking parents app but he insist that part of our divorce settlement he wants to communicate through our personal cellular (text and phone calls). I don’t want to because throughout the marriage he... View More
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answered on Jul 18, 2024
Yes, you can request to communicate only through the Talking Parents app, especially if you have concerns about your well-being due to past abuse. The app is a legitimate way to keep records of communication, which can be beneficial for clarity and legal purposes.
If your divorce settlement... View More
I currently live in Cudahy, CA and the new address will be in Huntington Park, CA. This change will not change father's current visits.
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answered on Jul 18, 2024
If you have full legal and physical custody of your children, moving 15 minutes away should generally not be a problem, especially if it doesn't affect the father's visitation schedule. Such a short distance move typically does not require court approval. However, it's a good idea to... View More
My mother will let me move in with my grandma but I know my Dad will disagree. I currently live with him and can't stand him anymore with the way he treats me. If my mother gives consent do I still need his? Can he force me to come back?
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answered on Jul 18, 2024
Under California law, both parents generally have equal rights to make decisions regarding their minor child unless a court order states otherwise. If you are 17 and your mother consents to you moving in with your grandmother, your father's consent would typically still be required if he has... View More
I gave my counsel 2 completion certificates and a years worth of negative drug tests 7 months. He did jot submit them to the court til 30 days ago. I reached out to him on many occasions requesting the documents but he never returned my calls. Now I go to court tomorrow and they ate wanting to... View More
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answered on Jul 17, 2024
This situation raises serious concerns about potential legal malpractice or ineffective assistance of counsel. Here's an analysis of your situation:
1. Duty of Care: Court-appointed counsel has a duty to provide competent representation, which includes timely submission of relevant... View More
My wife is in a just-turned ugly custody case. Her Ex’s lawyer emailed her a pdf file with some misleading information to try and convince my wife that she is in the wrong regarding my stepson’s case. In the email, there was also an attached MC-050 “Substitution of Attorney-civil”. My... View More
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answered on Jul 18, 2024
Under California law, a lawyer is not permitted to use documents to mislead or deceive another party. This conduct violates the ethical standards set by the California State Bar, which mandates that attorneys act with honesty and integrity. Misusing a state document, such as the MC-050... View More
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answered on Jul 18, 2024
If you were living with your daughter after your ex-partner gained custody but then asked you to leave and is now pursuing court action, it's crucial to understand your legal rights under California law. In family law cases involving custody and living arrangements, courts prioritize the best... View More
I served my ex with FL-396 and received last years tax return and latest pay information. Can I still subpoena the same documents from the IRS and their employer to confirm accuracy?
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answered on Jul 18, 2024
In a post-judgment family law case in California, you can subpoena tax returns and pay information from the IRS and your ex’s employer. Since you have already served FL-396 and received last year's tax return and the latest pay information, subpoenaing these documents can help verify the... View More
My ex has been living with his new girlfriend for almost 3 years and she has become totally unbearable she doesn't let me see or speak to my kids anymore over the last month she tries to dictate everything and my ex continuously says that's his partner and she has to help him make all the... View More
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answered on Jul 18, 2024
Under California law, you have the right to see and speak to your children, and your ex’s girlfriend does not have the authority to control or limit your access to them. Since there is no court order currently in place, you should proceed with filing for a custody order as soon as possible. This... View More
They spend every other weekend with him, 3 weeks in summer and 1/2 of Xmas break. We alternate some holidays. My kids are 9 and 12. Do they have a say?
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answered on Jul 18, 2024
Under California law, children who are 9 and 12 years old do have a voice in custody arrangements, but they do not have the final say. The court considers their preferences along with other factors such as their maturity level and the reasons behind their preferences. It's important to listen... View More
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answered on Jul 18, 2024
Navigating a custody case can be challenging, but with the right guidance, you can better understand the process. In California, the court considers the best interests of the child when making custody decisions. This means they will look at factors such as the health, safety, and welfare of the... View More
We have 4 kids together, he has 2 and i have 2 (not court order in place). We have had an on and off issue with head lice for a few years. He and his girlfriend are blaming me for it, even though I have been doing my part. They are trying to say they are the only ones putting in effort. They... View More
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answered on Jul 18, 2024
Dealing with a call to child services can be overwhelming, especially when it's based on ongoing issues like head lice. In California, child services will conduct an investigation to determine if there is any immediate risk to the children. It's crucial to cooperate fully with the... View More
I have had in the past a few altercations with my exs brother (threated to beat me up after I confronted him on Facebook about threatening to kill my service pet infront of my daughter) and my exs girlfriend (tried to fight me infront of my kids over me buying them starbucks). I dont feel... View More
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answered on Jul 18, 2024
In California, both parents are expected to facilitate reasonable visitation schedules and exchanges in a way that prioritizes the best interests of the child. If you feel unsafe or uncomfortable with exchanges occurring at either home due to past altercations, you have the right to request a... View More
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