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California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Banking, Child Custody and Probate for California on
Q: What do I have to do to get money out of a court blocked account?

My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »

James Edward Berge
James Edward Berge answered on Jul 8, 2020

This self-help guide from Sacramento County should help you, even in Los Angeles County.

https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf

Good luck!

3 Answers | Asked in Adoption, Child Custody, Divorce and Family Law for California on
Q: Can a bio parent give their 50% custody to a step parent?

Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?

Mike Darlington
Mike Darlington answered on Jul 7, 2020

No

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1 Answer | Asked in Family Law and Child Custody for California on
Q: good morning I really need help with my court for my child's guardianship. I'm not sure what to do.

My boyfriend mother and stepfather have my child I did give her temp custody good till Nov of this year. his grandmother came to me asked if we could do it through the courts and to not include her husband now he's on the guardianship papers he only lets me see my child 2times a month we only... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 7, 2020

It sounds like you may be in the Juvenile Dependency Court. If you are, you have been appointed an attorney. First you should ask your attorney your questions. Sometimes these court appointed attorneys are very busy, but that is the first place you should go. Be sure to read the court order.... Read more »

1 Answer | Asked in Child Custody for California on
Q: Ok first off my children were taken from me by cps and are currently with family members because I was accused of

Abusing my son in order for me to be reunited with my children I have to complete parenting and anger management classes. What can happen if I enroll myself into a rehab center because I feel like I have a gambling addiction will this be a bad decision and hurt my chances of getting my children... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 7, 2020

It sounds like you are in Juvenile Dependency Court. If you are, the judge as assigned an attorney for you. The first person you should ask these questions to is your own attorney because he/she knows your case the best. The second thing you should do is get a copy of the orders by the judge.... Read more »

1 Answer | Asked in Child Custody for California on
Q: The other party filed for default in a custody battle, what do I do next? Will they grant him what he wants?

I recently went through a terrible loss; my 2 baby brothers and my Tia were murdered, so my ex decides to kick me while I’m down and file for Full custody AGAIN, because I was planning 3 funerals, dealing with the deaths of my brothers and Tia and grieving , my response was too late, I was 4 days... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

Someone needs to look at your court papers. If a motion for default was filed, it sounds like you were served with a petition. You don't say if this is a divorce case, a paternity case, or a straight child custody case. If it is really "a motion for default" then you can file your... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: What can I do if father refuses to sign final custody papers? Is the orders in affect?

Judge ordered him to pay child support but he refuses to pay. What are my options?

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

You have two separate questions here. First question: What if father refuses to sign final custody papers? What papers? A Marital Settlement Agreement? Or a Judgment ordered by the Court? Or something else? It depends on exactly what the order said. But the simple answer is you have to go... Read more »

2 Answers | Asked in Child Custody for California on
Q: I need help getting my sion back from his dad. I have custody.

His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you... Read more »

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1 Answer | Asked in Child Custody for California on
Q: What does it mean when my Child custody court order “suggests but does not order” the receiving party pick up the child.

This is child custody case, with joint custody of both parents. Since one parent lives in California and the other parent out of state with summer visitation, the order suggests but doesn’t not order the receiving party of child be the parent to pick up the child.

Chris M. Bradford
Chris M. Bradford answered on Jul 4, 2020

It means the two of you, the two parents, must work it out. It is not a court order. If you are using Talking Parents, talk back and forth on Talking Parents to work out the details. Talking Parents is an app that is commonly used in child custody cases in California. If you don't have it,... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can I move to another county within California if I have full custody/ shared legal? court doc say nothing about moving.

Old court docs say visitation every other weekend which I will keep available but has changed since CPS involvement on NCP side. Recent disomaster states NCP at 1% visitation time. The move is about 7 counties away. Child is 16 years old and living with father is legally not an option since CPS... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 2, 2020

You must file a Request for Order asking for a "move-away" order. It is done on form FL-300. You check the "other" box. It must be filed and served BEFORE you move.

Reason: Even if visitation is very little, your move disrupts the visitation, so therefore you need...
Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I have full custody of my oldest two kids and 50/50 of the youngest

The mother up and left two years ago and moved to flordia. No agreement was made when she left and there has been no contact with her for that time. I’m looking at moving out of state. Do I have to file to leave the state?

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

You said you have "full custody." Does that mean you have a court order that says so? If you have a court order, you need to always read the court order. Not all court orders are the same. Some say that you can't move without a "move away order," which means you have to... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for California on
Q: CPS removed my son 12/9/2013, 2 days after his birth. I successfully closed my case and got him back 8/13/2015....

Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Do I have to maintain a custody agreement if my kids are at risk of exposure for COVID?

My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 26, 2020

He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves... Read more »

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2 Answers | Asked in Child Custody and Family Law for California on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?

Mike Darlington
Mike Darlington answered on Jun 22, 2020

That's really a question for an attorney in Idaho. However, you should contact a California attorney before you move to make sure you are doing so legally.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »

1 Answer | Asked in Child Custody for California on
Q: me and my daughter live with my sister I went to jail for two months while I was in jail my sister filed for tempory G.S

she just told me and my daughter to be out by the 25th when we go can I get introuble for taking my daughter when she told us to be out by the 25th?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

Sorry to hear you are going through this stressful situation. Remember, what you post in a public forum can be used against you. You need to consult with a Family Rights/ Family Law attorney right away about this application of Temporary Guardianship. Take all papers with you, have the case number... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I apply for a passport if joint legal says ‘ all other matters parents can act alone’

We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services

Chris M. Bradford
Chris M. Bradford answered on Jun 20, 2020

Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't... Read more »

1 Answer | Asked in Child Custody and Child Support for California on
Q: If both parents work and have agreed to a 50/50 custody of the children, is child support still required?

My income as a father is greater than hers, will I still be required to pay child support if I petition for a 50/50 custody, and agreement thats already been made by both sides?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 19, 2020

Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and... Read more »

2 Answers | Asked in Child Custody and Family Law for California on
Q: What can i do legally about my husband not returning our children to me after a visit?

I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 18, 2020

The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of... Read more »

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