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California Child Custody Questions & Answers
3 Answers | Asked in Child Custody and Family Law for California on
Q: How can I pursue full custody of my child in California due to safety concerns?

I am seeking guidance on pursuing full custody of my child. Currently, there are no existing custody arrangements or court orders in place. I believe my child would be safer with me because the father, who is 20 years old, possesses a firearm that is not registered and carries it around, including... View More

Robert Kane
Robert Kane
answered on Jul 11, 2025

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

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3 Answers | Asked in Child Custody and Family Law for California on
Q: How can I pursue full custody of my child in California due to safety concerns?

I am seeking guidance on pursuing full custody of my child. Currently, there are no existing custody arrangements or court orders in place. I believe my child would be safer with me because the father, who is 20 years old, possesses a firearm that is not registered and carries it around, including... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 11, 2025

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

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2 Answers | Asked in Divorce, Child Custody and Family Law for California on
Q: What steps can I take to finalize my divorce case in California after discovering it's still open?

I have an open divorce case that I believed was finalized 5 years ago. Documents have been filed by both parties, including a response to dissolution, and everything relating to child custody and assets has been settled. My attorney has passed away, and I recently discovered the divorce was not... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 9, 2025

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

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2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I modify custody from 50/50 to full due to father's inconsistency and verbal abuse?

I have a court order for 50/50 custody established when my daughter was a year old. She is turning 12 this month, and her father hasn’t consistently been part of her life, only seeing her about once a month for the past ten years. Recently, he has become verbally abusive and demands visits on... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jul 8, 2025

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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3 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for California on
Q: Joint custody issues with transportation and communication for summer visits.

I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More

James R. Dickinson
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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

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3 Answers | Asked in Child Custody, Child Support, Contracts and Family Law for California on
Q: Joint custody issues with transportation and communication for summer visits.

I have joint custody of my child, and I previously handled all transportation because the non-custodial parent didn't have a vehicle. Now that he does, he refuses to pick up our child on his assigned days, citing that he pays child support and won’t change the arrangement unless he is... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 17, 2025

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

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2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Family Law for California on
Q: Ex refusing visitation rights despite custody order; tax return taken for child support.

I have joint legal custody with my ex, but he has sole physical custody of our children. According to our custody order, I am supposed to have visitation once a week. However, my ex is refusing to allow these visits, seemingly due to his tax return being taken for back child support. I have made... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 30, 2025

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

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3 Answers | Asked in Divorce, Child Custody, Domestic Violence and Family Law for California on
Q: Need urgent legal help in CA for divorce, custody, and safety from abusive husband.

I urgently need legal assistance in LA County, California to address my separation/divorce and to gain full custody of my three children. I am facing severe financial control and verbal abuse from my husband, who restricts access to resources and impacts our basic living conditions. He has... View More

Mario Tafur
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Mario Tafur
answered on May 29, 2025

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

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: Which form to file for custody order: FL-260 or FL-300?

I have an open case with Department of Child Support Services, but I do not have a visitation agreement in place. The mother currently has physical custody of our child. I want to establish a custody order because the mother is withholding our child for personal reasons. Should I file form FL-260... View More

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

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

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2 Answers | Asked in Child Custody, Child Support, Public Benefits, Domestic Violence and Family Law for California on
Q: Should my disabled daughter's SSI be included in income for FL-150 in California?

I need to file an FL-150 for my child custody case. My 2-year-old daughter, who is disabled, receives SSI. I am currently not working, as I stay home to care for her. My husband, who is not my daughter's father, works. I am filing a regular income and expense declaration and want to know... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 30, 2025

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

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2 Answers | Asked in Domestic Violence, Child Custody, Civil Litigation and Family Law for California on
Q: DVRO hearing claims false and custody modification inclusion?

I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More

Mario Tafur
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Mario Tafur
answered on Apr 28, 2025

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

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2 Answers | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for California on
Q: Could telling a child they won't get birthday presents due to lawyer fees be emotional abuse?

My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More

Mario Tafur
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Mario Tafur
answered on Apr 28, 2025

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

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: How do I convince the judge that my recordings made during my granted TROs are relevant to this custody issue ?

When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 25, 2025

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

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2 Answers | Asked in Child Custody and Family Law for California on
Q: What forms are needed to file an initial custody case?

What forms need to be filed for initiating a custody case when there is no existing custody case, divorce, or immediate concerns involved?

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 15, 2025

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

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2 Answers | Asked in Child Custody, Domestic Violence, Civil Litigation and Family Law for California on
Q: Seeking to sue ex for emotional distress after child abduction and custody battle.

I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More

Mario Tafur
PREMIUM
Mario Tafur
answered on Apr 15, 2025

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

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2 Answers | Asked in Child Custody, Family Law and Appeals / Appellate Law for California on
Q: Husband signed away parental rights; seeking to regain them in CA.

My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 2, 2025

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

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2 Answers | Asked in Divorce, Child Custody and Family Law for California on
Q: Seeking advice on custody of 4 children amid divorce in California.

My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 25, 2025

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

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: Can I request a default judgment in parentage case if respondent hasn't responded?

I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 18, 2025

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

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2 Answers | Asked in Child Custody, Divorce, Criminal Law and Family Law for California on
Q: Can I move back to Ohio with my daughter during divorce?

I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2025

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.

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2 Answers | Asked in Child Custody, Landlord - Tenant and Family Law for California on
Q: Can my boyfriend's parents evict me from their property in California?

I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 11, 2025

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

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