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California Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: My wife can’t get her ex to answer any questions about their kids what can she file to establish a mandatory timeline?
Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 24, 2021

This question is unclear. Mandatory timeline of what? If you are unable to draft a clear question here you would be better served by contacting an attorney directly.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Do I have to take my child home to their mom if I have to pay child support- Does it establish custody?

I am paying child support and have been considered present less that 10% of the time. However, my child’s mother does not want to give my child to me. She only drops her off when convenient and will not give her to me even on my days off. Instead she drops them off at a caretaker and says my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 19, 2021

Sounds like you are paying support without any enforceable court orders regarding custody. If you want custodial time with your child, you need to petition the court for those orders. Otherwise, Mom can pretty much do whatever she wants.

1 Answer | Asked in Child Custody, Child Support and Civil Rights for California on
Q: My 6year old child's father has had no contact entire life + no custody order exists. Never married wont give him back

Recently my sons father contacted me for the first time after not having heard a word from him three years and wanted to see my son. Prior to this he had only seen him twice when my son was three and then went to prison for two years. Legal paternity has not been established nor is his name on my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 20, 2021

You open with saying that no custody orders exist. If no custody orders exist then what the father is doing is not in violation of any court orders. That's why the police can't help you. File a parentage action and ask for sole legal and physical custody. Concurrently with your... Read more »

1 Answer | Asked in Child Custody for California on
Q: My 12 yr old and I live in CA. Her father in AZ. There is a custody agreement from 5 yrs ago.

He can come here every other weekend to see her. He has only done that twice. She is supposed to go to AZ for vacations throughout the year. She doesn't want to go. Her father tells her she doesn't have to visit him if she doesn't want to. Should I be making her visit him due to custody agreement?

Ms. Renee Marcelle
Ms. Renee Marcelle answered on Jun 16, 2021

It is not the first time that you will hear that move-away cases are extremely difficult. Based upon the studies in child-parent separation cases, the prevailing view in California is to ensure continuous and frequent contact between the parents and their children. A girl's good relationship... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I terminate my child’s father’s parental rights without having someone to adopt her (stepfather adoption)?

The biological father has been out of the picture since 2018 because he has been in and out of jail. He keeps getting deported and comes right back breaks the law gets convicted, serves his time and gets deported again. This has been his pattern since 2017 but he has been completely out of her life... Read more »

Ms. Renee Marcelle
Ms. Renee Marcelle answered on Jun 16, 2021

Mom, on the facts stated you have mentioned the 2 criteria for the termination of Parental rights. Lack of contact with the child and lack of any support.

A person willing to step into the shoes of bio dad is totally unnecessary.

The in and out of jail fact may mitigate against a...
Read more »

2 Answers | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I lost custody of my 16-year-old grandson when he was about eight years old. He was adopted by his grandfather's sister

She treats him like a slave. He doesn't want to live there anymore but she legally adopted him. Can he leave and come stay with me. Can I be charged for harbor ing a runaway? I am no longer his adopted mother but I am his maternal grandmother although my parental rights were terminated in... Read more »

Rhonda Mae Hixon
Rhonda Mae Hixon answered on Jun 7, 2021

You could be charged with a misdemeanor if you help him remain "missing" from his legal guardian. (272 P.C.) However, he could apply to the court for a declaration of Emancipation and be able to make his own decisions about where to live. He should have a work permit, and legal... Read more »

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1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Q: Does my family have a right to custody of my daughter if her father has abandoned her and I am unable to see her?

So here's the situation: back in January the father of my daughter and her babysitter and her daughter (also the people I was living with) refused to let me leave the house with my daughter. I attempted to leave and due to being in similar situations in the past with my daughter father I... Read more »

Dale S. Gribow
Dale S. Gribow answered on May 27, 2021

more info needed.

for an accurate answer, you need to consult with a family law (divorce) attorney.

Domestic violence is a criminal matter and you should have hired or had a public defender appointed to represent you on the criminal proceedings.

however, criminal lawyers...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: To petition for a change of custody in Plumas County after a ruling has been made previously, what forms do you file?

A default judgement was granted due to failure to appear and other extenuating circumstances. Children are still in my custody 50% of the time with me providing monetary support for them as well. Their mother insists on creating a permanent schedule though I currently have no legal right to the... Read more »

Jackie Marie Howard
Jackie Marie Howard answered on May 20, 2021

The issues you are dealing with have important consequences to you and your children. Seek experienced counsel to assist you.

1 Answer | Asked in Child Custody, Contracts, Immigration Law and Appeals / Appellate Law for California on
Q: I found out that my old friends mom is using me as a reason to get custody over her daughter. Is this legal?

She thinks I’m a bad influence because she made assumptions about me. I haven’t hung out with her daughter in over a year or even gone to their house in two. She thinks that her dad will let me hang out with her but her dad and step mom hate me to.

Kevin L Dixler
Kevin L Dixler answered on May 7, 2021

How is this an immigration question? It seems like a matter that involves child custody. You may have rights, but may lose them if this is your child.

I strongly recommend an appointment with a competent California domestic relations attorney that handles child custody issues. Good luck!

1 Answer | Asked in Criminal Law, Family Law, Adoption and Child Custody for California on
Q: I have a family law lawyer who isn't doing his job I'm looking for a new one. How do I go bout that

My case is all over the place. The son I thought was mine isn't but I've been trying to get full custody of him because his mom is in prison ive had him since a baby she's never really been in his life and his biological father signed his rights over while incarcerated now his out... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 29, 2021

MORE INFO NEEDED.

THE FIRST QUESTION IS WHETHER YOU CAN AFFORD A FAMILY LAW ATTORNEY.

IF SO GOOGLE FAMILY LAW ATTORNEY IN YOUR AREA AND MAKE AN APPOINTMENT.

THE LAWYER MAY BE DOING THINGS RIGHTS BUT YOU DON'T UNDERSTAND.

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I fight for physical custody of my children while there’s a guardian in place and a termination trial ?

How do I win termination I was never served with this guardianship they pushed back the evidentiary hearing three months which makes one year and she can adopt my kids

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 27, 2021

This is a very serious and legally complicated issue. This Q&A forum is not the proper avenue for you to get this type of legal advice. You need to consult with an attorney directly.

1 Answer | Asked in Child Custody for California on
Q: How I can remove parental rights or receive full legal custody on my child.

My child’s father is on her birth certificate, I applied and received child support, but he never been in her life. The last time he saw her is when she was 5 months old, she is 12 now. The problem is that he refusing to sign any documents requiring his signature, I need to get her passport and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 23, 2021

Your file a petition for parentage and ask for custody orders, or you can file a separate stand-alone petition for custody. I'm assuming 1) you were not married to the father; and 2) there are no existing custody orders in place. If there are custody orders in place, then you need to amend... Read more »

3 Answers | Asked in Child Custody and Criminal Law for California on
Q: I found a meth pipe in my restroom it’s my mothers. I wanna call the cops because she has custody of my brother.

Should I just call in? I just found it.

Brian Scott Winkler
Brian Scott Winkler answered on Mar 25, 2021

There are several factors not provided in your question to give a comprehensive and cogent answer. First, not knowing your age, there is a human element than cannot be overlooked. If you choose to make a call, this case will progress as civil suit, in family law court. Whether law enforcement is... Read more »

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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Child Support for California on
Q: My partners ex wife is abusive and not doing whats best for their children and attacking mine.. what can I do??

Unsanitary living situation

Child neglected and used as pawns

Threatening texts,phone calls and emails. History in van nuys court house

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

You can certainly get a restraining order against her as to your children. Suggest you consult with a local family law attorney ASAP.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for California on
Q: What happens if a mediator sends your documents of your visitation custody agreements to a third party, someone’s email

Someone received the email and notified me that they got sent my private documents

Maurice Mandel II
Maurice Mandel II answered on Mar 19, 2021

Possible violation of your right of privacy by the mediator. Court appointed mediator? You need to report this to the Court it is a big deal.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I move more than 100 miles away, not out of state, without the fathers permission? We are not married.

We are not married and never have been. For the most part the father has been absent during the pregnancy and begged for an abortion/ adoption. The father will not be on the birth certificate. I plan to move to Fort Bragg in two weeks where I will have family support, less bills and will overall... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 9, 2021

If there are no custody orders in place (i.e. signed by a judge and filed with the court) and no petition for custody or visitation have been filed, you are free to move wherever and whenever you want.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Criminal Law for California on
Q: If female rapes male (either while he sleeps or is awake), & she gets pregnant, could he b required 2 pay child support?

By that, I mean by Federal law, any possible state law, and California law.

David Michael Lehr
David Michael Lehr answered on Mar 9, 2021

Did the male report the "rape" immediately?

If not, the law favors the child being cared for more than it cares about the details of the act of procreation.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Can a judge order me to hair test in supervised child visitation case even after providing months of clean drug test

Iv done everything asked per court order have not tested dirty but other parent is requesting hair test and only to prolong me seeing my daughter

Dale S. Gribow
Dale S. Gribow answered on Mar 2, 2021

more info needed.

you should go over this with your attorney.

i assume there was some kind of evidentiary hearing and based on that the judge made the hair analysis order?

a judge would normally have that power.........whether it is correct or appealable is another...
Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

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