Lawyers, Answer Questions  & Get Points Log In
California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can you offer to waive child support arrears (non-aid), in exchange for non-custodial parent's consent to move-away?

This is a child support case in California. Wondering if there is a family law code or case law that prohibit the use of waiving arrears as part of a family law agreement. Would rather waive back amounts owed than go through a lengthy court battle if consent is not given.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

Child support generally is waivable, but ONLY IF the court determines that the needs of the child can be adequately met in the absence of support. That is to say, you can settle on the issue of child support; but the court must specifically grant approval of this to ensure that the children are... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: If a awol Foster child is picked up by the cops then he is released to a family member knowing the child is awol

What should the family member do? Could family member legally file for guardianship?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

The family court can decide upon custody of the child. You can file an action in court to determine proper custody of the child.

1 Answer | Asked in Child Custody for California on
Q: If I share joint custody and the father and I want to move the child out of the US, do we need to notify the court?

I’m currently considering leaving California and moving to out of country with my child. Her father has already moved earlier this year without notifying the court here in CA. I’m considering moving out of country as well. Are we required to notify the court about the move since we share joint... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

DO NOT MOVE THE CHILD without taking appropriate legal action. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I want to file a case against (????) I am a father who has been requested to pay child support. 1983 who?

I want to file in the federal courts against ( I dont know where to start) that the request for me to pay child support has and continues to violate my first amendment protections of the constitution. I have been doing as much of the hard work needed and I am wanting to begin this process

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Family law issues are handled in state court. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Child Custody and Family Law for California on
Q: How can I get legal guardianship of my 5 yr old granddaughter? She is living with me & I am now sole provider for her.

Mom has been jail for 2 yrs fighting criminal case. Dad, my son, had stroke & in coma. She has been in his custody since born.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

You can file a court action to obtain custody. Generally, there are constitutional protections that guarantee parents' rights to have custody of their children. (Troxel v. Granville 2000). However, if you can show a compelling circumstance to modify the custody arrangement, you may be able to... Read more »

3 Answers | Asked in Child Custody for California on
Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?

The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Absolutely; and you must also ask the court for a move-away order as well.

View More Answers

3 Answers | Asked in Child Custody for California on
Q: If I share joint custody with the father of my child and we move from CA to Mexico, are we required to notify the court?

The father and I are not in a relationship. He moved out of country earlier this year without notifying the courts and expects me to join him and bring our child so he can continue to see her 50% of the time. We have 50/50 joint custody, although he often gives up his time with our child. This past... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 23, 2022

You say you have 50/50 custody. I'm assuming you mean you have a court order that awarded each parent joint physical and legal custody? You got those custody orders here in California and then Dad moved to Mexico. You don't want to move to Mexico. You want to stay here with the child... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: Relocation with child within same state (CA) and no custody order. What are my rights?

Father and I are not married and never have been. I take care of child 90% of the time.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Sep 22, 2022

If there are no custody orders, there is nothing legally preventing you from relocating. However, if the other parent is involved in the child's life - as you say, has 10% custody - the other parent could object and file a petition of his own, for custody. Better to be safe, file a parentage... Read more »

View More Answers

2 Answers | Asked in Divorce and Child Custody for California on
Q: I'm looking for a family law lawyer, I'm trying to get divorced and visitations with my kids .I want joined custody
James R. Dickinson
James R. Dickinson
answered on Sep 20, 2022

A family law lawyer should not be hard to find in your area. Contact one today to set a consultation. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is it possible for me to not require her father's signature on any document?

Never married; don't live together; his name is on birth certificate; daughter is now 10 yrs old; she lives with me; he has never been financially responsible for her; he sees her when he has time; when I need his signature on passport or any document, he refuses or makes it very difficult and... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

You could file a paternity action. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex filed for divorce in 2016, I was served papers which said he wanted a dissolution and that we had a son 50/50..

I did not respond because I didn’t disagree with the order. I moved away from the address I live when he first served me. Bc I did not respond he was able in 2018 to file a motion for the order to state he had Sunday-Friday and I only had Saturday 9a-4p and sent the “service” to my previous... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 18, 2022

Respectfully, this is on you for not responding to the divorce papers. You should speak with a local attorney as soon as possible. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney... Read more »

3 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Sep 13, 2022

YOU ARE ASKING THIS QUESTION TO A GROUP OF DOMESTIC VIOLENCE AKA CRIMINAL LAWYERS.

YOU NEED ADVICE FROM A LOCAL FAMILY LAW ATTORNEY.

View More Answers

3 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: If I live in a shelter, could I lose custody of my toddler to my ex?

I am currently going through a divorce with my ex, who has been abusive to me for the duration of our relationship. I'm currently living in our marital home with our toddler, with who we have agreed to share 50/50 custody through a stipulation filed with the court. My ex also had the court... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 15, 2022

The law says that judges must give custody according to what is in the “best interest of the child.” To decide what is best for a child, the court will consider: The age of the child; The health of the child; The emotional ties between the parents and the child; The ability of the parents to... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: If i am self representing how is important is it to include citations of case law

Is it super imparative that i use case law citations or since im self representing can I not worry about it so much because its complicated

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

It isn't important as you may think it is. Most judges know the case law. Attorneys cite the law often because it helps direct the judge to the legal authority and it looks amateurish if attorneys do not, but most judges are fine with simple, plain English with general references to the law.... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for California on
Q: I just received the exhibit list for the evidentiary hearing I have on the 9-22-22 from the other side and it’s lacking-

-and that’s being generous. Lacking doesn’t even begin to cover what this list is. It’s barren, skinny, less than descriptive. The judge ordered that we “be specific”and my ex was so vague it’s sickening. Is there anything I can do to object to specific evidence my ex will try to use... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 10, 2022

You can prepare to rebut his evidence with counterarguments. You should anticipate what evidence he may have against you to the best of your ability and come up with reasonable arguments countering his factual and legal arguments. Feel free to contact me if you have any further questions.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Am I eligible to receive child support?

I live in Merced County in California.

My ex and I have two children. My daughter lives with fiancé and I, we are not married. My son lives with his father and his girlfriend, they are not married.

My income is significantly lower than his income. Am I eligible to receive child... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 5, 2022

Most child support calculations are done under "guideline" rules, which means that it is more of a mathematical formula. You can calculate child support by going to various websites. You can deviate from these guidelines in special circumstances, but the guidelines are the general rule... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: My daughter needs a pro Bono lawyer to help get her boys back home.Can anyone please help ?

My grandsons always lived with thier mom , but father lied and said his mom is dying if boys could visit Louisiana.His mom hired a lawyer and will not return them . They are trying to cut my daughter out of her son's lives.PLEASE HELP

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 5, 2022

I do not do a large amount of pro bono cases, but there could be a lot of free legal aid programs out there depending on your city. Also, most court websites have self-help information, and also a self-help desk with staff there to assist you with the case.

1 Answer | Asked in Family Law and Child Custody for California on
Q: We paid $7500 Retainer fee & barely any work was done. He keeps ignoring us for a receipt and refund for 2 months

After the paperwork was filed we no longer needed the attorney because the foster child was placed with family. We asked for a refund and receipt and we’ve been ignored for two months now with nothing. We have emailed and called him at least 10 times. What do you advise our next step would be?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 5, 2022

I would advise you to contact the State Bar of California and make a formal complaint.

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: My family court attorney said, it's our last ditch effort to salvage a settlement. What does that mean ?
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 5, 2022

The courts and most attorneys (at least, good ones) encourage settlement wherever possible. It is usually best for all parties, as court can be expensive and stressful. He was probably just trying to emphasize the importance of evidence.

View More Answers

1 Answer | Asked in Divorce and Child Custody for California on
Q: Can I choose which parent to live with in California?

I’m 15 years old and I want to choose which parent to live with full time. Right now I live with my mom most of the time, but I have to go to my dad’s house also. Is there a way I could choose to live with my mom all the time? Do I have to be older?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 5, 2022

While your decision is not determinative (i.e., the judge could still order that you have to live with your dad part of the time), the court will consider your choice of parent when deciding the best interests for you (the child). The older and more mature you are, the more the court will lean on... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.