You should already have full custody if you are the mother and there are no custody orders. Although, obtaining court orders as to visitation and support would likely be in your and the child's best interest. My best to you Rob Kane California Family Law Attorney.... View More

You have no court orders. Get court orders. File a parentage action (I'm assuming you are not married to the father) and concurrently file a "Request for Order" to get temporary custody and support orders in place while the matter is pending. To ensure you draft the paperwork... View More

Retain an attorney to assist you with this. You need to figure out what has already been done and what needs to be done. A "decree" is a judgment. The judgment package includes several different documents including the stipulated agreement you reached with your spouse. This may also... View More

As long as she is under the age of 18, you can always return to court to request modifications to your custody and child support orders. The post judgment standard is "significant change in circumstances". In your situation, you had a 50/50 order that the other parent has... View More

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answered on Jun 18, 2025

If your orders don’t specify transportation responsibilities, you can file a request for order in family court to modify the agreement, asking the judge to assign fair transportation duties based on current circumstances. You can present the text messages as evidence of refusal. Courts prioritize... View More

One option would be to seek a downward modification of custody based on his statement that he won't provide transportation unless he can stop paying child support. Court won't be happy to hear that. The other option would be to simply modify your existing orders to include a... View More

When someone fails to comply with an existing custody or visitation order, the remedy is to have that order modified based on the grounds that the other parent has shown an inability to comply. In that request (aka Request for Order or motion), you can ask for more custodial time, again, based on... View More

I understand you're facing an urgent domestic violence situation in Los Angeles County involving financial abuse, verbal threats, and safety concerns for you and your three children. California's Domestic Violence Prevention Act provides immediate protection through Domestic Violence... View More

If you do not have any existing/open case related to custody you need to file an initial petition. That can be a Petition under FL260, or a Petition to Establish Parental Relationship (aka paternity or parentage) - FL200. The Petition opens your case and you are assigned a case number. You can... View More

You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More

The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More

California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More

Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More

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

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

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

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

Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More

Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.

Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More