California Child Custody Questions & Answers
Q: Can I request a postponement, by one day on an ex parte order for a restraining order?
Andy Cook's answer
It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the...
It probably depends on the judge. You may be able to call the clerk on the day of the hearing, since there may be no time for an ex parte hearing between the time you were served and the actual hearing. If the matter is postponed, the restraining order will stay in effect. If you do seek a continuance, you may want to indicate that it is for the purpose of obtaining a lawyer, since you probably don't want to admit an issue with drug abuse even before the judge actually starts hearing the...
Q: How do i start a case to get full custody of my kids?
Andy Cook's answer
If you're married, you would file for divorce or legal separation. If you are not married, you would file a paternity case.
If you're married, you would file for divorce or legal separation. If you are not married, you would file a paternity case.
Q: What’s the best way to handle situation
1 Answer
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Family Law, Child Custody and Child Support
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California
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Answered on Mar 31, 2019
Answered on Mar 31, 2019
Tobie Brina Waxman's answer
If you retain an attorney, the attorney can respond to the petition on your behalf.
If you retain an attorney, the attorney can respond to the petition on your behalf.
Q: My sons father never served me back w/ a response to me wanting full custody. What does that mean for me? What do I do?
Andy Cook's answer
The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.
It sounds like, however, that your hearing is for temporary custody orders only, pending final resolution of the case. If the father has not filed and served a response within the requisite 30 days, you can get a default judgment,...
The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.
It sounds like, however, that your hearing is for temporary custody orders only, pending final resolution of the case. If the father has not filed and served a response within the requisite 30 days, you can get a default judgment,...
Q: In the case of child abuse...
1 Answer
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Child Custody, Child Support, Domestic Violence and Family Law
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California
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Answered on Mar 30, 2019
Answered on Mar 30, 2019
Marc David Pelta's answer
The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the sort answer to your question. Often times CPS/HSA/social services cannot decide who caused the injury to the child.
More information is needed.
If you would like to consider hiring...
The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the sort answer to your question. Often times CPS/HSA/social services cannot decide who caused the injury to the child.
More information is needed.
If you would like to consider hiring...
Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?
Vernon Charles Tucker's answer
You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?
The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or (45) days.
You need to then decide if you are going to represent yourself or get an experienced lawyer to handle the proceedings. Is it possible that you could work out the divorce informally...
You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?
The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or (45) days.
You need to then decide if you are going to represent yourself or get an experienced lawyer to handle the proceedings. Is it possible that you could work out the divorce informally...
Q: In the case of child abuse...
1 Answer
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Child Custody, Child Support, Domestic Violence and Family Law
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California
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Answered on Mar 25, 2019
Answered on Mar 25, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
More info is needed to properly evaluate your case.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
The case will depend on how the evidence was obtained and the details...
Q: Child support and child custody
Andy Cook's answer
It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because there is no order in effect or whether it's because there is an order but he is simply not in compliance.
It is hard to answer your custody/visitation question because it is so specific and...
It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because there is no order in effect or whether it's because there is an order but he is simply not in compliance.
It is hard to answer your custody/visitation question because it is so specific and...
Q: Losing your children to child protective services
1 Answer
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Child Custody, Criminal Law and Domestic Violence
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California
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Answered on Mar 5, 2019
Answered on Mar 5, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
WITH DOMESTIC VIOLENCE THE STATE IF THE VICTIM AND EVEN IF THE SPOUSE WANTS TO DROP CHARGES THE DA PRESSURES THEM TO CONTINUE AND IF THEY DON'T THEY TRY TO PRESENT A CASE BASED ON THE ORIGINAL COMPLAINT TO THE POLICE.
BE SURE YOUR FRIEND REQUESTS THAT THE COURT APPOINTS A PUBLIC DEFENDER TO REPRESENT HIM.
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a...
More info is needed to properly evaluate your case.
WITH DOMESTIC VIOLENCE THE STATE IF THE VICTIM AND EVEN IF THE SPOUSE WANTS TO DROP CHARGES THE DA PRESSURES THEM TO CONTINUE AND IF THEY DON'T THEY TRY TO PRESENT A CASE BASED ON THE ORIGINAL COMPLAINT TO THE POLICE.
BE SURE YOUR FRIEND REQUESTS THAT THE COURT APPOINTS A PUBLIC DEFENDER TO REPRESENT HIM.
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a...
Q: I need a lawyer from Tulare county who can help get my childeren from my ex husband.
1 Answer
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Family Law, Child Custody and Domestic Violence
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California
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Answered on Mar 4, 2019
Answered on Mar 4, 2019
Dale S. Gribow's answer
More info is needed to properly evaluate your case.
However, it appears at first blush that Tulare Co has jurisdiction for now. I would contact legal aid there or the courts to see if they have pro bono lawyers to assist you.,
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a stomach ache, can you cure me and what will it cost?
However, it is always a good idea to contact a local attorney proximate to the...
More info is needed to properly evaluate your case.
However, it appears at first blush that Tulare Co has jurisdiction for now. I would contact legal aid there or the courts to see if they have pro bono lawyers to assist you.,
What you are doing is the same as asking a doctor to diagnose your problem over the phone when you say I have a stomach ache, can you cure me and what will it cost?
However, it is always a good idea to contact a local attorney proximate to the...
Q: My sis wants custody/at least to be able to visit our younger half sister. Her dad won’t let us for personal reasons
Tobie Brina Waxman's answer
As her sister and non parent, you do not have legal standing to seek custody. The option of legal guardianship may be available, but based on the information you have provided, it's unlikely that request will be granted either
As her sister and non parent, you do not have legal standing to seek custody. The option of legal guardianship may be available, but based on the information you have provided, it's unlikely that request will be granted either
Q: Should I be concerned with how my case is be conducted and “shady” things going on inside the legal teams
1 Answer
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in
Adoption, Family Law, Criminal Law and Child Custody
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California
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Answered on Feb 23, 2019
Answered on Feb 23, 2019
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work, and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email, and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your...
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work, and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email, and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your...
Q: How can a judge award custody to the other parent after proof was shown she was sexually touched
Dale S. Gribow's answer
much more info needed.
the best person to ask is the lawyer who represented you in the court and understands the arguments for both sides.
much more info needed.
the best person to ask is the lawyer who represented you in the court and understands the arguments for both sides.
Q: What do I need to do if the other parent of my child has mental, anger & verbal abusive behaviors, with no evidence.
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
California
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents
Andy Cook's answer
It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an agreement, the mediator, now more commonly referred to as a counselor, just lets the court know that no agreement was reached. But if the counselor is supposed to make a written recommendation, you would...
It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an agreement, the mediator, now more commonly referred to as a counselor, just lets the court know that no agreement was reached. But if the counselor is supposed to make a written recommendation, you would...
Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation
Andy Cook's answer
This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.
This is a question that can best be answered over the telephone so I can understand why you are having so much trouble. Please call 619-515-9900, and if there is no answer, please indicate a good time for me to call you back.
Q: I was involved in a domestic violence incident me being the victim. CPS removed my kids, i need advice on how to proceem
1 Answer
| Asked
in
Family Law, Child Custody, Civil Rights and Domestic Violence
for
California
on
Answered on Jan 25, 2019
Answered on Jan 25, 2019
Dale S. Gribow's answer
More details are necessary to provide a professional analysis of your issue.
Initially, you should set up an Initial Consultation with an Attorney such as myself.
You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.
This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
However, you are always best advised to...
More details are necessary to provide a professional analysis of your issue.
Initially, you should set up an Initial Consultation with an Attorney such as myself.
You can go to my website to review my credentials, awards, honors, testimonials, and media appearances & publications.
This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
However, you are always best advised to...
Q: What happens when a respondent files the wrong forms?
Ali Shahrestani, Esq.'s answer
You may be best served by seeking self-help resources to guide you through the legal process, which are available on the CA courts website or at your local law library, if you cannot afford an attorney. It sounds like both of you may be confused as to how to proceed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,...
You may be best served by seeking self-help resources to guide you through the legal process, which are available on the CA courts website or at your local law library, if you cannot afford an attorney. It sounds like both of you may be confused as to how to proceed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials,...
Q: If I have an ongoing custody case 3yrs 50/50 legal, full physical can I request full custody and to have my case closed
Ali Shahrestani, Esq.'s answer
You might need to file a motion for contempt of court order (if applicable) and for modification of child custody. You may also need to ask for child support modification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law...
You might need to file a motion for contempt of court order (if applicable) and for modification of child custody. You may also need to ask for child support modification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law...
Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION
Angelina Bradley's answer
It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?
If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...
It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?
If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your orders to an attorney to make certain — the last thing you need is for your husband to be able to order the kids to return to CA because you took them without permission. See an attorney with orders in...
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