California Child Custody Questions & Answers

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
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/...

Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents

2 Answers | Asked in Family Law and Child Custody for California on
Answered on Jan 27, 2019
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...

Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation

2 Answers | Asked in Child Custody and Family Law for California on
Answered on Jan 26, 2019
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.

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
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...

Q: What happens when a respondent files the wrong forms?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Jan 24, 2019
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,...

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

1 Answer | Asked in Child Custody for California on
Answered on Jan 24, 2019
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...

Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION

2 Answers | Asked in Child Custody and Divorce for California on
Answered on Jan 16, 2019
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...

Q: Can my childs father get visitation after losing trial for felony domestic violence?

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Answered on Jan 9, 2019
Angelina Bradley's answer
The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have good arguments for why those should be supervised.

If you have a domestic violence restraining order in addition to the criminal protective order, you can file to extend it, and I recommend you...

Q: Is it possible to have my case be transfered from one court house to another court house in the same county

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
A change of venue is requested via a Motion, and you would have to show good cause for that request. 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 in CA, NY, MA, WA, and DC in the following areas of law: Business &...

Q: Child abandonment or child neglect? Is the situation grounds for filing a case against the parents?

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
You can call CPS and the police to report child abuse/ neglect. 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 in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

Q: I filed for divorce 4 months ago and my husband has not responded I thought he had 30 days to respond what can I do.

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Dec 26, 2018
Tobie Brina Waxman's answer
File request for entry of default. If granted, go ahead and proceed to judgment

Q: I was arrested for DV 3 months ago. Case was closed by the DA. Can it still effect my child custody in family court?

1 Answer | Asked in Child Custody and Domestic Violence for California on
Answered on Dec 18, 2018
Dale S. Gribow's answer
A lawyer needs more info.

You need to ask this of a family law attorney, not a criminal law attorney.

Technically they can use the facts.

It just won't be a conviction.

Criminal law requires guilt beyond a reasonable doubt.

I suspect a lesser amount of evidence would still work in family law courts.

Q: Can a judge change his previously amended Temporary Restraining Order?

1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
more info needed.

judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?

you have posted this on a crim/accident site and suggest you ask this of family law attorneys.

you really should retain a lawyer who can discover all the info and not just bits and pieces.

Q: where can i find an honest to god attorney who can defend me from a domestic violence charged being placed against me?

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
more info needed.

however, if you do not have funds you will have to request the court appoint a lawyer for you at your arraignment.

Prepare a detailed summary of all the facts so you do not forget to tell your lawyer any of the info.

Q: Can my ex keep me from talking to my kids on the phone?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
It depends on what your court order says and the circumstances of your no-visitation order.

You should consult with a family law attorney for the jurisdiction your order was written. I see you're in South Carolina but you're posting to the California family law section. Find an attorney that practices where the order was written, bring a copy of your order to the consultation, and discuss what is happening and what you would like moving forward. The attorney can give you the best advice...

Q: What form do I need to file for sole legal custody?

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
You should consult with an attorney about the specifics of your case, but, to answer the question "What form...", the answer is a Request for Order to modify child custody and visitation.

You'll be ordered to counseling to try and work out a custody plan, and, if you don't agree, then the counselor will send a report and recommendation to the court. At the hearing, you'll make your arguments and the father will make his, then the court will make the final custody order.

Good...

Q: mother is a california resident and is refusing to let kids leave the state to visit me in oregon. Can she do this?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 3, 2018
Angelina Bradley's answer
It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.

As for what you can do, if she refuses to comply, and the order doesnt bar travel out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of...

Q: What steps do I take to start divorce proceedings with my estranged husband who left California and started over already

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Nov 21, 2018
Vernon Charles Tucker's answer
Ms. Webster,

You would first need to start off by filing a petition for dissolution of the marriage to dissolve the marriage. When filing the petition you can address the custody issue and the child support as well. The Department of Child Support Services (DCSS) can be useful in assisting to get your child support payments started, but you first need to get a custody order which DCSS can help you with too. Please let me know if I can be of further assistance.

Vernon C. Tucker...

Q: If my ex husband is trying to take full custody of my 16 year old and 11 year old, can I tell my children?

1 Answer | Asked in Child Custody for California on
Answered on Nov 13, 2018
Andy Cook's answer
You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.

Q: single father custody of children paying 633 a month in child support court case 11/28/18

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Nov 9, 2018
Andy Cook's answer
You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.

Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or children in a different state.

I am out of the office today, but I will be back on Tuesday at 619-515-9900.

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