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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Domestic Violence for California on
Q: Can I refile parental relationship in new county after moving?

Back in October 2024, I filed a petition to establish a parental relationship and received the stamped papers from the court, but I never served the other party because I was being abused by my daughter's father and was scared to go through with it. I have now been living in a different county... View More

James L. Arrasmith
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answered on Feb 22, 2025

Given your situation involving domestic abuse, your safety and well-being should be the top priority. Moving to a different county was a brave step, and it's understandable that you were hesitant to serve the papers due to fear.

Since you never served the original petition and no...
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2 Answers | Asked in Adoption, Child Custody and Civil Litigation for California on
Q: Can I request mandatory visitation if consenting to son's adoption in CA?

My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition,... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 21, 2025

You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some... View More

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2 Answers | Asked in Child Custody for California on
Q: Can a sheriff serve custody papers without a residential address?

I am seeking to have a sheriff serve custody/visitation papers for a minor child, but I do not have the residential address of the person to be served. I have provided the minor child's school address and the names of the people he lives with. I live far away and cannot go there myself, which... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 21, 2025

The Sheriff, just like any other process server needs a physical address where the person to be served can be found. If you don't know their residential address, you can use their work address. If you don't know that either and you have done your homework and done your due diligence to... View More

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4 Answers | Asked in Child Custody, Family Law and Arbitration / Mediation Law for California on
Q: Seeking pro bono lawyer for CA child custody case

I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More

Robert Kane
Robert Kane
answered on Feb 21, 2025

You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More

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1 Answer | Asked in Family Law, Child Custody and Adoption for California on
Q: Can parents' rights impact guardianship decisions?

We have been the primary guardians of my son's little sister (same mom, different dad) in California for four years. The biological parents are in court, and there's a final date set for June 4, 2025, to decide if the biological father will retain his 50% legal rights, although he has not... View More

James L. Arrasmith
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answered on Feb 19, 2025

If the biological father's parental rights are terminated by the court, he will lose his legal standing to challenge any future guardianship arrangements. This means he would not have the authority to oppose your guardianship petition once his rights are formally ended.

When...
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2 Answers | Asked in Divorce, Child Custody, Child Support and Family Law for California on
Q: Steps to file for divorce and address custody in California.

I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 19, 2025

1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california

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1 Answer | Asked in Divorce, Child Custody, Family Law and Real Estate Law for California on
Q: What legal steps should I take before moving out during separation?

I am considering separating from my spouse, and she wants me to move out of the rented house we currently live in with our son. I am the primary financial contributor, though my spouse also contributes to the rent. We also jointly own an apartment in India. We currently have no child custody... View More

James L. Arrasmith
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answered on Feb 18, 2025

Before making any moves, you should consult with a family law attorney in California to understand your rights and obligations, as moving out prematurely could impact your custody and property rights. Document all financial contributions, take photos and videos of the property, and gather important... View More

3 Answers | Asked in Divorce, Child Custody, Child Support and Arbitration / Mediation Law for California on
Q: Can we sign a binding agreement to finalize divorce without further claims?

I'm going through a divorce in the U.S., and my spouse, Adam, with whom I've exchanged FL-150 and FL-140 forms, earns significantly more than I do. I've decided to waive child custody and alimony to finalize the divorce quickly. While abroad last year, I failed to provide financial... View More

Robert Kane
Robert Kane
answered on Feb 17, 2025

Yes, you can sign a binding agreement to finalize divorce without further claims as to the community property and alimony. Without knowing exactly what has transpired it's impossible do properly advise, but you may be able to waive final disclosures.

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1 Answer | Asked in DUI / DWI, Child Custody and Domestic Violence for California on
Q: What parenting class is required for a DUI with kids in CA?

My sister, who is divorced, was charged with a DUI while having her kids in the car in Costa Mesa, CA. Although the officer's report noted she was cognizant, driving normally, and calm, leading to her release on her own recognizance, she was booked at the scene. Her ex-husband, who has... View More

James L. Arrasmith
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answered on Feb 18, 2025

Taking proactive steps before your court date is a wise decision. While there isn't a single mandated parenting class for DUI cases involving children in California, courts often look favorably upon completing programs focused on both substance abuse awareness and responsible parenting.... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for California on
Q: How to address $55,000 child support debt in California without established paternity?

I have a child support case in California, where I owe $55,000, even though paternity has never been legally established. I found out about my 28-year-old daughter when she was around 2 or 3 because her mother initially told me she had an abortion and later said her husband was the father. The... View More

James L. Arrasmith
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answered on Feb 18, 2025

Your situation is complex but there are potential paths forward. The first crucial step is to request DNA testing through the California courts - even at this late stage, establishing or disproving paternity could significantly impact your case and potential obligations.

Working with the...
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1 Answer | Asked in Child Custody and Civil Litigation for California on
Q: Ex refuses to pick up kids at court-ordered time; won't arrange alternate pickup.

My ex is refusing to pick up our children at my place during his court-ordered custody time because he is going on a cruise. This has been an ongoing issue, and he wants to control the situation by not arranging for someone else to pick up the children, despite my request. What are my rights in... View More

James L. Arrasmith
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answered on Feb 17, 2025

Your frustration with this situation is completely understandable, and it's important to know that you have options when your ex violates the custody agreement. Document every instance where he fails to pick up the children, including dates, times, and any communication between you both. Keep... View More

1 Answer | Asked in Child Custody and Arbitration / Mediation Law for California on
Q: Can I unenroll my child from school without ex's consent in CA with joint custody?

I have joint legal and physical custody of my 4-year-old child with my ex. Recently, my ex enrolled our child in a transitional kindergarten without my approval, despite a judge's order not to deviate from the current schedule. The school's schedule interferes with my time with my child.... View More

James L. Arrasmith
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answered on Feb 16, 2025

Given your joint legal custody arrangement, unilaterally unenrolling your child from school without your ex's consent could lead to serious legal consequences, even if your ex initially enrolled them without your approval. The court typically expects both parents to make educational decisions... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: What forms are needed for filing custody in San Diego, CA?

Currently, there are no custody agreements or court orders regarding my daughter. My husband has taken our daughter from San Diego without my consent and has not been in contact for a week. I suspect they are in Massachusetts but have no exact address. I called the police, and the call was... View More

James L. Arrasmith
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answered on Feb 15, 2025

In this concerning situation regarding your daughter, you'll need to file several forms with the San Diego Superior Court to establish custody. Start with Form FL-300 (Request for Order) and Form FL-105 (Declaration Under UCCJEA) as your primary documents.

Given the urgency of your...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Changing custody order

A California court custody order from August 2023 gave the father the portfolio of managing bi-weekly therapy from a licensed medical therapist trained in childhood trauma, exposure to domestic violence, and complex family systems. Barring one 20 minute initial intake appointment for each child... View More

James L. Arrasmith
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answered on Feb 15, 2025

Given the serious nature of your children's need for therapy and the father's failure to fulfill his court-ordered responsibilities, you have several options to address this situation. Your primary course of action should be filing a Request for Order (RFO) with the family court that... View More

2 Answers | Asked in Family Law, Child Custody and Probate for California on
Q: I will be fighting against my sister and brother in law for my parental rights of my five year old son.

The case is in bakersfield, ca. The case is on the 28th. I need legal guidance please and thank you. They had temporary guardianship in 2021 and guardianship in 2022. I reside at the LA Dream Center. There are some things in the papers served that aren't true and I can prove it. I have 5 years... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Feb 12, 2025

Don't use social media or an on line legal Q&A website to "fight for your parental rights". Hire an attorney. There's no way you are going to get meaningful or helpful information from lawyers on this site who know nothing about you, your circumstances, or your case.

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1 Answer | Asked in Bankruptcy, Education Law, Family Law and Child Custody for California on
Q: Clarification on Custody Pick-Up Time When Children Are Absent from School. My pick up days are Wednesday at 11:30 AM..

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

James L. Arrasmith
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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

2 Answers | Asked in Divorce, Family Law and Child Custody for California on
Q: I just filed for divorce and child custody and my soon to be e ex wife works in family law in the same courthouse

How can I get the venue changed seems unfair to me and a conflict of interest

Robert Kane
Robert Kane
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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1 Answer | Asked in Child Custody for California on
Q: Can an attorney help me get my child support arrears lowered and off my credit report
James L. Arrasmith
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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...
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3 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: How do I get a lawyer in a family law case? There's domestic violence and parental alienation and trauma. I need help

I have no money

Robert Kane
Robert Kane
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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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Civil Rights for California on
Q: can I use cps for violating my victim rights and failing to provide me with emergency protective custody ?
James L. Arrasmith
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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

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