California Child Custody Questions & Answers
Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.
What can I do to get them back right now ?
I have legal custody over them ..
This is kidnapping right ?
Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.
Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?
We have been to court regarding custody several times recently 1.5 years ago.
Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »
Q: How do i start a case to get full custody of my kids?
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
Hi my ex girlfriend texted me stating she went to the Los Angeles county courts to start the process of establishing paternity a couple weeks ago. My issue is I’m currently out of the state for a new job which requires us to complete the training I’m at which is about a month long or forfit the... Read more »
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?
I served my sons father child custody and visitation on 2/22/2019. He never responded back to my summons. What does that mean for me? We just had our mediation appointment and we did not agree. He wants 50/50 and I want full physical custody. Does he have to serve me back? Or can he still get 50/50... Read more »
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... Read more »
Q: In the case of child abuse...
if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.
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... Read more »
Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?
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... Read more »
Q: In the case of child abuse...
if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.
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... Read more »
Q: Child support and child custody
Hi the Father of my child is threatening me that he will file for a child custody bec he is going to school from 6am to 6pm every Mon to Fri he wants to borrow the child every Sunday half day and I told him he can borrow the child some sundays but not every sunday and he got mad he told me that he... Read more »
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... Read more »
Q: Losing your children to child protective services
A friend of mine is going through a nasty divorce. in January his soon-to-be ex-wife called the police on him for domestic violence even though she was the one that put hands on him, and they do have pictures of his injuries. Child protective services was contacted because she claimed neglect on... Read more »
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... Read more »
Q: I need a lawyer from Tulare county who can help get my childeren from my ex husband.
Custody order is in place from Stanislaus county father took childeren while they enrolled in school here in tulare county and filed up there..its been a few yrs and with no luck i couldnt get them back. Im seeking help to bring them back to me..i dont have very much money but i am willing to pay... Read more »
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... Read more »
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
Our little sister is only turning 15, so I assume it will be difficult. I also know parents get full custody. However according to my little sister, her dad is very controlling and doesn’t let her do anything she will enjoy, such as visit friends or even me and my sister. He even says if he buys... Read more »
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
our Question:edit text
I’m fighting a criminal case currently as well as being a witness in another case. I’m being refused a speedy trial until I testify. The DA is saying I won’t be charged for any wrong doing in the witness case and I don’t have legal counsel currently cuz... Read more »
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... Read more »
Q: How can a judge award custody to the other parent after proof was shown she was sexually touched
Feb 19th 2019 a judge awarded the father of my daughter full custody because of a retraining order with him telling the judge he walked up.to me while my 5 year old daughter was at his house she expressed to me that her 15 year old sister penetrated her in how she didn't like what she did to her... Read more »
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.
I have life experiences with this parent that indicate these behaviors and other people who have experienced it as well.
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... Read more »
Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents
I was told by the mediator she did not know if she was allowed to read them and she would have to ask her supervisor?
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... Read more »
Q: I have filed for modification of child custody and parenting time, there is clear cut Parental alienation
I have filed for modification because over the past 4 years I was supposed to get at least 1 day a week visitation and phone calls to the kids when ever. The visits were always supervised which they weren't supposed to be and it got to a point where I wasn't given them anymore. I bought a phone for... Read more »
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
My kids were placed out of state in Wisconsin, and my case was closed. Prior to the domestic violence, I had 3 open cases against me all false allegations the father was denied physical custody those three times until I was involved in the domestic violence. I did everything I was told and yet was... Read more »
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.... Read more »
Q: What happens when a respondent files the wrong forms?
On 12/19/2018 I filed a Petition for Custody and Support of Minor Child. I served my ex on that date as well. On 01/22/2019 I filed a Request to enter Default since he had not responded. I found out my request was rejected because he filed:
01/22/2019 Order - Financial Information (FAM... Read more »
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... Read more »
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
I’ve had an ongoing case for 3 years we share legal I have physical, they’ve not complied with the courts requests and thus not seen the kids this whole time. I’d like to have full custody and no longer have courts involved is this possible
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... 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.
