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California Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Urgent Advice Needed on Parenting Plan Assessment Payment Issue?

22days ago, during RFO custody hearing, the court issued a verbal order regarding a Parenting Plan Assessment and payment of a fee of $975. I understood that the deadline for this payment would start once the Proposed Order was signed. and both parties are still in "Meet and Confer"... View More

James L. Arrasmith
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answered on Sep 21, 2023

Certainly. In California, when faced with such an oversight, you may want to promptly file a Declaration explaining the situation, emphasizing your self-represented status, your understanding of the payment timeline, and your commitment to promptly remit the fee. Additionally, you can request the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: When is the DissoMaster Used in Child and Spousal Support Cases?

In highly contentious custody battles, the court often orders a PPA (Primary Physical Assignment) arrangement. Similarly, for cases where child or spousal support becomes a significant point of contention, does the judge typically order the use of DissoMaster? Can I proactively request that the... View More

Aylin Acikalin
Aylin Acikalin
answered on Sep 20, 2023

Courts are required by California law to follow statewide uniform guidelines in setting child support orders. There are different programs used by practicioners and courts that help calculate guideline child support. Dissomaster is a a paid software used by many practicioners and courts. There is... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I request to change custody order at a different court case from my own case.

I am listed as other parent on VDOP. Mother of child and I broke up, she refused for me to have any contact or knowledge about our child (3y) until I took her to court and fought for custody time. During the 6 months that child was kept from me, the mother contacted the biological father. /child... View More

James L. Arrasmith
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answered on Sep 19, 2023

In California, you can request a modification to your visitation order within the existing court case that pertains to custody and visitation. You would typically file a motion to modify the visitation order in the same case, rather than initiating a separate case. Consult with an attorney to... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: I have a court hearing for child custody. Is it better to go in person to court or attend via video call?
James L. Arrasmith
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answered on Sep 19, 2023

In California, it's typically better to consult with your attorney and follow their guidance regarding whether to attend a child custody hearing in person or via video call. The decision may depend on factors such as the nature of the case, health and safety considerations, and the... View More

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2 Answers | Asked in Child Custody and Family Law for California on
Q: I have 50/50 custody of my daughter (from past relationship) my son(two) bit my daughter Can I loose custody ?

My daughters mom is threatening me to take me to court for that, she has sent my daughter with bruises and scratches before and I’ve never said anything but when I told her about the bite my son gave my daughter she said she was taking me back to court for that.

James L. Arrasmith
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answered on Sep 19, 2023

In California, a child custody dispute typically considers the best interests of the child. Isolated incidents, such as a toddler biting a sibling, are unlikely to result in a significant change in custody arrangements. However, it's essential to consult with an attorney who specializes in... View More

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1 Answer | Asked in Child Custody, Juvenile Law and Family Law for California on
Q: What should I do when the sheriff / cps comes by

My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a... View More

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for California on
Q: I am at my wits end. I had hired this attorney now eight months ago and she keeps telling me that she’s sending me….

The documents and of course they never arrive in my email so I ask her again. What the deal is. She tells me how busy she is on and on and on now I just received a restraining order against me by the person who has taken my child and kept her from me all the while letting her brother see our child... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm really sorry to hear that you're experiencing this. It sounds like a very stressful situation. It is critical to maintain open lines of communication with your attorney; if your current attorney is not responsive, you may consider sending a formal letter expressing your concerns and... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Legal Malpractice for California on
Q: How can I get through to an unfair and dismissive Judge?

Judge H. in Santa Clara family, has not once heard what I have to say. She is basing my character off of text msg between my ex and my mother(we haven’t had a relationship since I was about 8). There are multiple examples I bring to her attention regarding finances, child care, housing, etc yet... View More

James L. Arrasmith
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answered on Sep 13, 2023

In your situation, it is imperative to meticulously document all pertinent facts and gather substantial evidence to counter the allegations made against you. You might consider bringing in witness testimonies to corroborate your stance, and maintain a composed and respectful demeanor in court, even... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How can I be heard by an unfair and dismissive judge?

I have not once been heard by the judge. I have followed every order, proved my stability, and proved the slander against my character wrong. However, she only listens and considers text messages between my ex and my mother. My mother who is vindictive and will do anything to see me fail. I only... View More

James L. Arrasmith
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answered on Sep 13, 2023

In situations where you feel that the judge is being unfair or dismissive, it is often beneficial to make sure all of your statements and evidence are well-organized and clearly presented. You might consider being represented by an attorney who can help to effectively present your case, including... View More

1 Answer | Asked in Child Custody, Family Law, Immigration Law and Libel & Slander for California on
Q: Is immigration status taken into consideration in custody?

My ex is married to his first child’s mother. She won’t help him get papers, and she is the main caregiver for their son. He sees him every other weekend. He has slandered my name and character, In collusion with my vindictive mom. The judge has dismissed anything I say, but without batting an... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California, immigration status is generally not considered directly in determining child custody matters. The primary concern for the court is to ensure the best interest of the child, considering factors such as the health, safety, and welfare of the child, any history of abuse by one parent... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Family Court really considers child's interest only?

In my ongoing family law case, my wife might be bypassing proper service protocols:

(1) I didn't receive Document A via email on Aug 28th, but it was presented in court as if I had.

(2) I got Document B on Sep 5th, yet their declaration claims service on Aug 31st.

(3) I... View More

James L. Arrasmith
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answered on Sep 13, 2023

In California family law cases, the court indeed prioritizes the best interests of the child, but that does not excuse parties from adhering to procedural rules, including proper service of documents. Given the discrepancies you noted, you can indeed request the court to mandate a more reliable... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: CUSTODY HELP

Hello!

My cousin is freshly postpartum with a one-month-old baby in the state of Washington. The father of the child is an alcoholic and he and his family have filed a motion for 50/50 custody after multiple counts of harassment of my cousin, as well as neglect of the newborn child. My... View More

James L. Arrasmith
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answered on Sep 13, 2023

I'm not an attorney in Washington, but in California, it is crucial to act immediately by gathering evidence of the father's alcoholism and any instances of harassment or neglect. She should strongly consider consulting with an attorney immediately who can help her appropriately fill out... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: We shared custody but he doesn't take care of his responsibilities and he doesn't have papers. What can I do

He just comes when he want to be part of there life .90 perfect there with me

James L. Arrasmith
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answered on Sep 10, 2023

I'm sorry to hear about this difficult situation. In California, if a parent is not abiding by the custody agreement and not fulfilling their responsibilities, you may consider going to court to request a modification of the custody order to better reflect the current circumstances. It's... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Litigation for California on
Q: Upcoming retaliation hearing in October to remove my current visitation & phone order. Absolutely nothing to back it.

Both grandpa & I raised our grandson from birth. Unstable drug addicted mother violently ripped him away last June. Court Joined me. Grandpa suddenly passed due to the stress. One hour after he was found the other party was in his phone & submitted my private privileged text with an... View More

James L. Arrasmith
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answered on Sep 7, 2023

I'm really sorry to hear that you're experiencing this. In California, it is essential to approach this kind of situation with a strong legal strategy which may include gathering all necessary evidence to demonstrate your close relationship with your grandson and your positive influence... View More

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for California on
Q: What can I do if I'm wrongfully accused for kidnapping my children? Father made a false report against me .

Children are being abused by step mother and their father . Children are to scared to say anything.

James L. Arrasmith
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answered on Sep 7, 2023

I'm very sorry to hear about your situation. In California, if you find yourself wrongfully accused of kidnapping, it is crucial to immediately seek legal representation to advocate for your rights and protect your interests. It would also be beneficial to gather any evidence you have that... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: If the non custodial parent moves, how does that affect the custody court order?

Our court order states our daughter can go to her dads house for 24 hours, 5PM on Fri to 5PM on Sat. For the last ten years, we have been doing our own thing and she stays with him for the whole weekend. He has now moved out of Shasta County to Santa Rosa. How does this effect our court order?

James L. Arrasmith
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answered on Sep 7, 2023

Under California law, the relocation of a non-custodial parent does not automatically alter the existing court-ordered custody arrangement. However, if the move materially affects the current custodial schedule, either party can request a modification of the custody order to reflect the changed... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Is standing in the doorway breaking a law in California? And does it give some one the right to push,hit,kick etc?

My ex boyfriend/ Childs father cried victim, and has videos of me standing in front of the door crying during an argument. Before he started recording almost every time before he had pushed me, shoved me, hit me, put me in a choke hold etc. he would then start recording me as I was crying asking... View More

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answered on Sep 6, 2023

Under California law, standing in a doorway is not inherently illegal, but physical violence or abuse, such as pushing, hitting, or kicking, is unlawful and can result in criminal charges and restraining orders. In a custody case, it's crucial to gather evidence, including photos of injuries... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Seeking Wife's Address for IEP and Custody Concerns

Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More

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answered on Sep 5, 2023

Under California law, you may be able to use the "meet and confer" process, outlined in your custody arrangement, to directly request your child's current address from your wife or her legal counsel. Another avenue could be to subpoena the school or the YWCA for the relevant records,... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Seeking Wife's Address for IEP and Custody Concerns

Seven months ago, my wife, who is originally from Russia, moved to a domestic violence shelter with our child, who is now 4 years and 1 month old and has autism. The police, DCFS, and court found no evidence supporting her claims, but she continues to reside in the shelter. I'm concerned about... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Sep 5, 2023

Domestic Violence shelters' locations are typically kept secret for the protection of their residents. There's nothing you can do about that and you shouldn't try. As you clearly already have court orders, Mom must have an address "of record". That would be the address... View More

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1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Child Custody for California on
Q: How to find a outside legal expert to investigate a previous case file from 2016?

The case is a child welfare case that I strongly believe violated my right to a fair trail in everyway possible. Seeking outside legal advice about the case. I recently submitted a application to the child abuse index and if my name was added I want to be prepared to have it removed along with... View More

James L. Arrasmith
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answered on Sep 4, 2023

To find an outside legal expert to review your child welfare case, you could reach out to bar associations, which often offer attorney referral services, or consult legal directories such as Martindale-Hubbell or Avvo. If you believe your right to a fair trial was violated, an attorney experienced... View More

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