My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »
This self-help guide from Sacramento County should help you, even in Los Angeles County.
https://saclaw.org/wp-content/uploads/sbs-withdrawing-funds-from-a-blocked-account.pdf
Good luck!
Bio parents have 50/50. One parent is an immigrant and the other is threatening to have him deported. Can one bio parent give his 50% custody to a step parent (spouse)?
No
My boyfriend mother and stepfather have my child I did give her temp custody good till Nov of this year. his grandmother came to me asked if we could do it through the courts and to not include her husband now he's on the guardianship papers he only lets me see my child 2times a month we only... Read more »
It sounds like you may be in the Juvenile Dependency Court. If you are, you have been appointed an attorney. First you should ask your attorney your questions. Sometimes these court appointed attorneys are very busy, but that is the first place you should go. Be sure to read the court order.... Read more »
Abusing my son in order for me to be reunited with my children I have to complete parenting and anger management classes. What can happen if I enroll myself into a rehab center because I feel like I have a gambling addiction will this be a bad decision and hurt my chances of getting my children... Read more »
It sounds like you are in Juvenile Dependency Court. If you are, the judge as assigned an attorney for you. The first person you should ask these questions to is your own attorney because he/she knows your case the best. The second thing you should do is get a copy of the orders by the judge.... Read more »
I recently went through a terrible loss; my 2 baby brothers and my Tia were murdered, so my ex decides to kick me while I’m down and file for Full custody AGAIN, because I was planning 3 funerals, dealing with the deaths of my brothers and Tia and grieving , my response was too late, I was 4 days... Read more »
Someone needs to look at your court papers. If a motion for default was filed, it sounds like you were served with a petition. You don't say if this is a divorce case, a paternity case, or a straight child custody case. If it is really "a motion for default" then you can file your... Read more »
Judge ordered him to pay child support but he refuses to pay. What are my options?
You have two separate questions here. First question: What if father refuses to sign final custody papers? What papers? A Marital Settlement Agreement? Or a Judgment ordered by the Court? Or something else? It depends on exactly what the order said. But the simple answer is you have to go... Read more »
His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... Read more »
Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you... Read more »
This is child custody case, with joint custody of both parents. Since one parent lives in California and the other parent out of state with summer visitation, the order suggests but doesn’t not order the receiving party of child be the parent to pick up the child.
It means the two of you, the two parents, must work it out. It is not a court order. If you are using Talking Parents, talk back and forth on Talking Parents to work out the details. Talking Parents is an app that is commonly used in child custody cases in California. If you don't have it,... Read more »
Old court docs say visitation every other weekend which I will keep available but has changed since CPS involvement on NCP side. Recent disomaster states NCP at 1% visitation time. The move is about 7 counties away. Child is 16 years old and living with father is legally not an option since CPS... Read more »
You must file a Request for Order asking for a "move-away" order. It is done on form FL-300. You check the "other" box. It must be filed and served BEFORE you move.
Reason: Even if visitation is very little, your move disrupts the visitation, so therefore you need... Read more »
this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »
The mother up and left two years ago and moved to flordia. No agreement was made when she left and there has been no contact with her for that time. I’m looking at moving out of state. Do I have to file to leave the state?
You said you have "full custody." Does that mean you have a court order that says so? If you have a court order, you need to always read the court order. Not all court orders are the same. Some say that you can't move without a "move away order," which means you have to... Read more »
Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... Read more »
It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already... Read more »
My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »
He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves... Read more »
Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?
That's really a question for an attorney in Idaho. However, you should contact a California attorney before you move to make sure you are doing so legally.
he is not the father and in prison
The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »
It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »
The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »
she just told me and my daughter to be out by the 25th when we go can I get introuble for taking my daughter when she told us to be out by the 25th?
Sorry to hear you are going through this stressful situation. Remember, what you post in a public forum can be used against you. You need to consult with a Family Rights/ Family Law attorney right away about this application of Temporary Guardianship. Take all papers with you, have the case number... Read more »
We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services
Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't... Read more »
My income as a father is greater than hers, will I still be required to pay child support if I petition for a 50/50 custody, and agreement thats already been made by both sides?
Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and... Read more »
I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »
The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of... 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.
