Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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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
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
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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
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
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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
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
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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
I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More
answered on Mar 26, 2024
If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).
Child support is... View More
I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More
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answered on Mar 25, 2024
Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More
In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. Now my question is I know his dad works approximately 120hrs every 2 weeks according to his paychecks. So I know he’s not the one... View More
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answered on Mar 25, 2024
Under California law, your concern for your child's safety, especially regarding transportation to and from school, is valid. If the father's work schedule prevents him from being the primary person responsible for transportation, it's reasonable for you to inquire about who will be... View More
In January father asked for more time with our son. First it was all weekends (Friday to Sunday) then later he progressed to asked for one week on and one week off. It’s been like that for a little over a month him wanting to do 50/50. I recently asked him to buy him clothes for when he has him... View More
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answered on Mar 25, 2024
Under California law, both parents are generally expected to provide for their child's needs, which include clothing, when the child is in their care. It is not unreasonable for you to request that the father have an appropriate set of clothes for your son at his home to reduce the... View More
our RFOMOD custody hearing is set for July, and I need to advance from July to early April with good reasons.
In that case, as an application, do you need FL-300(ex parte) or FL-307, OR both (300+307)?
answered on Apr 2, 2024
If you are seeking to advance your hearing from July to April, you'll need to file the FL-300, FL-303, and FL-305, in addition to any local forms required. Since you are not seeking to modify ex-parte orders, the FL-307 is not required, you are only seeking orders on an ex-parte basis.
The court granted the opposing party's FL-306 request to postpone our hearing (FRO MOD), which was originally set for 2 weeks later. It's possible this decision was made without the judge's full review, potentially by a law clerk. What can I do to ensure this matter is brought to the... View More
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answered on Mar 21, 2024
In California, if you disagree with the court's decision to grant the opposing party's FL-306 request to postpone your hearing, you have options to bring the matter back before the judge. Initially, it's important to understand that decisions like these may not always involve the... View More
A child custody evaluator was hired in Ca in 2022; she never submitted the report & has gone AWOL. Allegations of child abuse, sexual abuse & domestic abuse were made by my wife ; these were tossed out by the court. 24 or more supervised visitation reports exist saying I am a great... View More
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answered on Mar 20, 2024
In California, child custody decisions are made based on the best interests of the child, considering factors such as the health, safety, and welfare of the child, and which parent is more likely to encourage frequent and continuing contact with the other parent. The court can indeed consider your... View More
is present. Especially if he lives in a 1 bedroom apartment with 1 bed. Can i add in the custody agreement that no third party can be around unless the other parent agrees?
answered on Mar 19, 2024
Usually, when a court is making a decision regarding custody, it's important that the involved minor child have his/her own bed, and ideally his/her own room. That's your first problem. Second, where significant others, boyfriends, girlfriends, etc. are concerned, courts often make... View More
The other party whom child is currently with is not compliant with verbal or written agreement of visitations and unresponsive to any messages or phone calls from counterparty
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answered on Mar 17, 2024
In California, if you're looking to rescind a notarized custody agreement that lacks specific dates, times, or duration of custody, and the courts were never involved, the first step is to consult with a legal professional. These professionals can provide advice based on your unique... View More
I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More
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answered on Mar 15, 2024
In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More
Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More
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answered on Mar 12, 2024
Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at... View More
Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More
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answered on Mar 11, 2024
In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his... View More
My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.
Is there a particular form(s) or strategy that you would employ to go after full custody? I... View More
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answered on Mar 11, 2024
In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:
1. File an ex... View More
I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.
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answered on Mar 11, 2024
In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.
For assistance with modifying a... View More
I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family... View More
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answered on Mar 9, 2024
In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:
1. The child has resided in the other county for at least six months... View More
despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party
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answered on Mar 8, 2024
In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason... View More
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