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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I have a family law lawyer who isn't doing his job I'm looking for a new one. How do I go bout that

My case is all over the place. The son I thought was mine isn't but I've been trying to get full custody of him because his mom is in prison ive had him since a baby she's never really been in his life and his biological father signed his rights over while incarcerated now his out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MORE INFO NEEDED.

THE FIRST QUESTION IS WHETHER YOU CAN AFFORD A FAMILY LAW ATTORNEY.

IF SO GOOGLE FAMILY LAW ATTORNEY IN YOUR AREA AND MAKE AN APPOINTMENT.

THE LAWYER MAY BE DOING THINGS RIGHTS BUT YOU DON'T UNDERSTAND.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I fight for physical custody of my children while there’s a guardian in place and a termination trial ?

How do I win termination I was never served with this guardianship they pushed back the evidentiary hearing three months which makes one year and she can adopt my kids

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 27, 2021

This is a very serious and legally complicated issue. This Q&A forum is not the proper avenue for you to get this type of legal advice. You need to consult with an attorney directly.

1 Answer | Asked in Child Custody for California on
Q: How I can remove parental rights or receive full legal custody on my child.

My child’s father is on her birth certificate, I applied and received child support, but he never been in her life. The last time he saw her is when she was 5 months old, she is 12 now. The problem is that he refusing to sign any documents requiring his signature, I need to get her passport and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 23, 2021

Your file a petition for parentage and ask for custody orders, or you can file a separate stand-alone petition for custody. I'm assuming 1) you were not married to the father; and 2) there are no existing custody orders in place. If there are custody orders in place, then you need to amend... Read more »

3 Answers | Asked in Child Custody and Criminal Law for California on
Q: I found a meth pipe in my restroom it’s my mothers. I wanna call the cops because she has custody of my brother.

Should I just call in? I just found it.

Brian Scott Winkler
Brian Scott Winkler answered on Mar 25, 2021

There are several factors not provided in your question to give a comprehensive and cogent answer. First, not knowing your age, there is a human element than cannot be overlooked. If you choose to make a call, this case will progress as civil suit, in family law court. Whether law enforcement is... Read more »

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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I move more than 100 miles away, not out of state, without the fathers permission? We are not married.

We are not married and never have been. For the most part the father has been absent during the pregnancy and begged for an abortion/ adoption. The father will not be on the birth certificate. I plan to move to Fort Bragg in two weeks where I will have family support, less bills and will overall... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 9, 2021

If there are no custody orders in place (i.e. signed by a judge and filed with the court) and no petition for custody or visitation have been filed, you are free to move wherever and whenever you want.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Criminal Law for California on
Q: If female rapes male (either while he sleeps or is awake), & she gets pregnant, could he b required 2 pay child support?

By that, I mean by Federal law, any possible state law, and California law.

David Michael Lehr
David Michael Lehr answered on Mar 9, 2021

Did the male report the "rape" immediately?

If not, the law favors the child being cared for more than it cares about the details of the act of procreation.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can a judge order me to hair test in supervised child visitation case even after providing months of clean drug test

Iv done everything asked per court order have not tested dirty but other parent is requesting hair test and only to prolong me seeing my daughter

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

you should go over this with your attorney.

i assume there was some kind of evidentiary hearing and based on that the judge made the hair analysis order?

a judge would normally have that power.........whether it is correct or appealable is another...
Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: My ex and I have an informal custody plan. I’d like to have a legal one as he often does not honor it. What is step 1?

We have never been married and we live in separate homes. He insists on his time with our son being spent in my home. I would like a formal agreement and for his time with our son to be spent at his home.

I also would like to prevent him from entering my home when he pleases. He has... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 22, 2021

It's always recommended that you retain counsel when trying to get enforceable court orders. Check the CA Superior Court website and their "Self Help" link where you will find the steps for getting an enforceable court order for custody and child support. With respect to his access... Read more »

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: Am seeking knowledge regarding parental rights when other party has prevented contact with my child

I hope this reaches someone who is able to help me. I was served a summons and complaint for child support for my 7 year old son. It isnt that its a large amount of money that I am not willing to pay. I have no problem supporting my child whenever I can - my issue is that I havent seen him or... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 5, 2021

MORE INFO NEEDED.

I THINK YOU SHOULD MAKE A CONSULTATION APPT WITH A LOCAL FAMILY LAW ATTORNEY AND HAVE A SUMMARY TYPED UP OF ALL THE FACTS....ASAP

MANY LAWYERS WILL NOT CHARGE FOR A CONSULTATION.

I AM SORRY FOR YOUR CHALLENGES.........HAVE YOU VISITED OR TRIED TO VISIT? HOW OFTEN?

1 Answer | Asked in Immigration Law and Child Custody for California on
Q: What is the most % any attorney can charge after a settlement? Car accident
Maurice Mandel II
Maurice Mandel II answered on Jan 28, 2021

First, this question does not have anything to do with Immigration law or Child custody. It is a personal injury question. Next, contingent fee agreements of this type are not set by law. The amount you are charged will depend on a number of factors which could include, the probability of... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I live with my children and fiancé and I’m paying child support.. why is this?

My fiancé and I had twins and we have been together for 8 years and we have another child also I was wondering why child support is being taken out of my check since I’m at home with them providing shelter, clothing ,food and ect.. they’re garnishing 1600 a month from my checks and here’s... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 27, 2021

Not enough information. Why is what? A lot more information is needed to be able to answer your question.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody and Divorce for California on
Q: What are my options for getting my divorce completed?

My ex filed the divorce petition in 2016. I didn't file a response because we were in agreement on most things. (One child, no property to split). The case went into default status and he has failed to continue the process (hasn't filed the remaining paperwork to finish and get judgment).... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 18, 2021

You can file a motion to set aside the default. If granted, you would then file your response to the petition and move your case forward as usual. The other option is to enter into a settlement agreement with the other party and file that as a stipulated judgment.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband and I have been married for 21 years. We have three children-19, 16, and 13-she has special needs.

Sorry. I guess this is the e wrong place for a question like this.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 14, 2021

These are the kinds of questions and the kind of advice you should seek directly from an attorney rather than using this type of forum to get your answers. You would be best served by retaining legal counsel to handle your divorce case for you and/or on your behalf. You’ll get better and more... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: Can an ex bully you out of asking for child support?

In abusive relationship for 20 years. Was primary care giver. left w/daughter in 2018. Filed 4 CS through state. He found out & threaten to “end me.”

had hard time finding housing, hadn’t worked in 17 years. Daughter w/me 90%. November 2019, found housing. Lived there for 13... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 3, 2021

ONLY IF YOU LET HIM.

HOWEVER, IT IS MORE DIFFICULT TO PRESENT YOUR CASE IF YOU DON'T HAVE A GOOD FAMILY LAW ATTORNEY.

ORGANIZE ALL THE FACTS SO THAT A LAWYER WILL SEE YOU ARE ORGANIZED AND MAY NOT BE AS TIME INTENSIVE A CLIENT AND EITHER HANDLE PRO BONO OR AT REDUCED RATE...........

1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

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