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California Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: If the petitioners declarations for motions in the same case directly contradict each other does that matter?

My ex husband has filed multiple requests and motions and in the declarations they are directly conflicting information very explicitly, is this not a problem? Did he not sign that the info was under penalty of perjury? How do I hold him to this standard?

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, declarations made under penalty of perjury are considered to be serious legal documents. When someone signs a declaration, they are swearing under penalty of perjury that the information contained within it is true and accurate to the best of their knowledge.

If you...
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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I filed a DV RTO against my child's father. How can I serve him with no known address? The area is Pomdale or Lancaster

The DV RTO was granted and he avoids the law due to a long record. No one knows exactly where he stays just that he has said he comes from the Palmdale Lancaster area. The LAPD I believe has his current address on file but the sheriff's department stated that if I don't know the address... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Mar 30, 2023

Set up a consultation with a local family law atty....and/or private investigator

if you can't afford a lawyer, maybe try Legal Aid.

you can always serve by publication after diligently trying to serve.

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I am looking for a pro bono attorney to help me out with my case
James L. Arrasmith
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answered on Mar 29, 2023

If you are looking for a pro bono attorney to help you with your case, there are various resources and organizations that may be able to assist you.

One potential resource is your local legal aid organization, which provides free or low-cost legal services to individuals who meet certain...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: I would like to appeal CPS decision of terminating my rights as a parent.
James L. Arrasmith
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answered on Mar 26, 2023

If you are a parent in California and your rights have been terminated by Child Protective Services (CPS), you may have the right to appeal the decision. The appeals process in California is governed by state law and can be complex, so it's important to understand your rights and legal... Read more »

3 Answers | Asked in Domestic Violence, Family Law, Divorce and Child Custody for California on
Q: I have been served with a Temporary Restraining Order (DV-110 and DV-140) from my wife.

The hearing is scheduled for April 3 (Monday). I am currently filling out the DV-120 and DV-125 forms. We both reside in Los Angeles county, and I plan to have my professional server mail her the forms via Priority Mail with one day delivery. Can you please let me know what the deadline is to mail... Read more »

James L. Arrasmith
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answered on Mar 25, 2023

If you have been served with a Temporary Restraining Order (TRO) in California, you generally have only five (5) calendar days from the date you were served to file an "Answer to Temporary Restraining Order" (Form DV-120) and serve a copy of your answer on the petitioner. The answer must... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Can a child support case be thrown out if I was never served? That was my brothers home 10 yrs prior. I was in prison!

I was in federal prison during this time based on lies I lost my children and just because my aunt who has the kids said I lived there they believed her instead of looking me up. They said I was well aware of the child support case opened against me and I never showed up for court they filled a... Read more »

James L. Arrasmith
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answered on Mar 24, 2023

If you were not properly served with notice of the child support case and a judgment was entered against you without your knowledge, you may have grounds to have the case reopened and the judgment vacated.

In California, a party must be properly served with notice of a child support case in...
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1 Answer | Asked in Divorce, Child Custody and Family Law for California on
Q: I filed for a divorce and I have children with him, they have lived with him. I am asking for joint legally and physical

I need some advice

James L. Arrasmith
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answered on Mar 24, 2023

If you have filed for divorce and you have children with your soon-to-be-ex-spouse, there are several important things to consider when it comes to child custody.

First, it's important to understand that in California, there are two types of custody: legal custody and physical custody....
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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: how can i go about a coparent who has manipulated the courts and others to make me look like a bad father
James L. Arrasmith
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answered on Mar 23, 2023

If you are a co-parent in California and you believe that the other parent has manipulated the courts and others to make you look like a bad father, there are several steps you can take:

Document Everything: Keep a record of all interactions you have with the other parent, including emails,...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can my mom move her bad bf in the house my brother and I stay in if the divorce with my dad isn’t finalized?

My mom and father are going through a divorce that’s not finalized. They co own the house my brother (15) and I (21) live in. I pay rent and have a rental agreement. She never asked us if we were comfortable with it and we aren’t. He does whatever he wants and is so loud all night on school... Read more »

James L. Arrasmith
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answered on Mar 22, 2023

As co-owners of the house, both your mom and dad have the right to use and occupy the property. However, your mom cannot unilaterally decide to move her boyfriend into the house without considering the rights of the other co-owner (in this case, your dad) or the interests of the other occupants of... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: How do I get my child back from her grandparents after her father was kicked out.Police can’t force supposedly

The father was asked to take her for a short period of time in September after not seeing her for a year. He’s played like everything was great while his parents have not tried to reach out to me while filing guardianship behind my back. I’ve been trying to schedule a time and establish a plan... Read more »

James L. Arrasmith
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answered on Mar 16, 2023

If you have legal custody of your child and the grandparents are refusing to return the child to you, you may need to take legal action to enforce your custody rights.

First, you may want to consult with a family law attorney in the state where the child is currently located to discuss your...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: I was serverd with a RFO for custody modification. I was planning on my own RFO.

May I file my own RFO and attach it to my existing court date? I already filed my response in California.

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 15, 2023

Each separately filed Request for Order is assigned its own hearing date. You could file your RFO and then ask, after the fact, that the two dates be consolidated. But why bother? If your RFO is for the same thing - modification of custody, indicate what you want in your responsive declaration... Read more »

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2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: If the divorce is filed in another county. Does it have to be filed by the other person in the same county?

The husband filed the divorce in Sacramento County. His wife, and my daughter lives with me in Ukiah, CA. My daughter has no money so we are very scared and don’t know where to go. If you could tell us where to go to get help, it would be greatly appreciated.

Thank you

James L. Arrasmith
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answered on Mar 14, 2023

If the divorce was filed in Sacramento County, it generally needs to be handled through the courts in that county. However, your daughter may be able to petition the court to transfer the case to the county where she resides, especially if it would cause undue hardship for her to travel to... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can I request case transfer from "Van Nuys" court to "LA downtown" court?

My wife filed a Domestic Violence Temporary Restraining Order (DV TRO) against me in Van Nuys, and I was served. I also filed an FL-100 in LA, which is in the same county but has not been served yet. Can I request a case transfer by filing an RFO to Van nuys court even if the FL-100 has not been... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

It is possible to request a case transfer from one courthouse to another, but the specific process and requirements will depend on the rules and procedures of the court where your case is currently pending.

In general, you may be able to file a motion or request for order (RFO) to transfer...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex parte was Granted today

My wife served me with a TRO in A court, and in response, I filed an FL-100 at B court, which is also in LA county. I filed an ex parte request to transfer the TRO to my divorce case today, and it was granted. However, I was told by the court to serve the TRO to my wife as soon as possible, but I... Read more »

James L. Arrasmith
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answered on Mar 14, 2023

It's important to follow the court's instructions and serve the TRO to your wife as soon as possible, even if you do not know her whereabouts. If you are unable to serve her personally, you may be able to use substitute service methods such as serving her by mail or email, as long as you... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How can I serve notice for an ex parte while under a no-contact order in my wife's TRO case?

I have a no-contact order in my wife's TRO case against me, and I'm planning to file an ex parte to transfer the case to another court where my ongoing divorce case is being heard. I will need to fill out FL-303, but I'm unsure how to give my notice to her. Can I mark "Unable to... Read more »

James L. Arrasmith
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answered on Mar 12, 2023

If you have a no-contact order in your wife's TRO case, you may be prohibited from contacting her directly or indirectly, including through email or text message. It's important to follow the terms of the no-contact order carefully to avoid potential legal consequences.

If you are...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: My TRO case has been consolidated with Divorce?

Wife left home 3weeks ago and is staying in the shelter or friend home unknown. She served me TRO (p.o.box address) her court is 50miles away and then I filed divorce in our hometown court. Wife's TRO hearing is March23. I also filed RFO for transfer wife's TRO to our court and the... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Based on the information provided, it appears that the June 5 hearing is for the RFO (Request for Order) to transfer the TRO case to your hometown court. It does not appear that the consolidation of the two cases has been ordered yet.

If the RFO is granted, the TRO case will be transferred...
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1 Answer | Asked in Business Law, Civil Litigation, Identity Theft and Child Custody for California on
Q: TMobile has been selling my information without my consent. To developers and marketing people to make money. It has put

It has put me in danger. My personal life. I have stalkers,I've been sexually assaulted. Etc. My identity has been stolen,I've lost my house my cars, my kids temporarily on allegations. I need a lawyer

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that T-Mobile has sold your personal information without your consent and that this has resulted in harm to you, you may have legal options to seek compensation for your damages.

Here are some steps you can take:

Consult with an attorney: It's important to speak...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: How to serve DV-100 and FL-260 to Wife in the courtroom?

I don't know her whereabouts, but by chance, I'm going to meet her in the courtroom a week later via Bailiff. Do I have provide for the sheriff with Form DV-200 and FL-115 filled out with his sign section blank?

James L. Arrasmith
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answered on Mar 11, 2023

If you will be seeing your wife in court and you want to serve her with the DV-100 and FL-260 forms, you may be able to do so with the help of the court bailiff or a process server. Here are the general steps you should follow:

Obtain copies of the forms: You will need to obtain copies of...
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2 Answers | Asked in Family Law and Child Custody for California on
Q: Who can contact to have a court case file investigated for illegal actions made in court?

I want to have a legal expert to go over a previous DCFS case from 2018 to investigate illegal actions made by dcfs and the courts. One example there is physical evidence just accusations and the so called witnesses all have same statement word for word they lied and changed the sheriff's... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

If you believe that there were illegal actions made by DCFS and the court in a previous case, you may want to consider contacting an attorney who specializes in family law and has experience with challenging DCFS cases.

One option is to contact the California State Bar Association's...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: This is a guardianship case and I'm asking a question about my parental rights

I signed over guardianship to my parents while I was in prison, because living with my wife was in a safe place for my boys. Does this take away my parental rights, and the fact that my stepdad has been lying to the courts telling them that they don't know where I'm at, I'm a... Read more »

James L. Arrasmith
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answered on Mar 10, 2023

Signing over guardianship of your children to your parents does not automatically terminate your parental rights, but it does temporarily transfer legal custody of your children to your parents. As the biological parent, you still have certain parental rights, such as the right to have a... Read more »

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