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California Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I need a family lawyer in order to gainful parental rights?

I have a 10-year-old and a 6-year-old son. Their father has been absent for 6 years, he was an addict, in and out of rehab and jail, and suffers from mental health. Their father was incarcerated for a year and released in December 2021 and is currently living in a sober living house. I have my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on May 18, 2022

It's not clear what you mean by "obtain full rights". Has a conflict arisen regarding your rights? Is someone challenging your rights? Is the other parent seeking custody of visitation orders? It's not clear what you are trying to accomplish.

1 Answer | Asked in Child Custody for California on
Q: I want to let my 13 year old daughter live with her 24 year old sister what legal steps do I need to take?

We live in California and her sister lives in Texas.

Tobie Brina Waxman
Tobie Brina Waxman answered on Apr 26, 2022

That depends on information you have not provided here. i.e. 1) is there another parent involved? 2) has the other parent consented to this move? 3) are there custody orders in place for you and the other parent? 4) is there a divorce decree or parentage judgment which includes custody/visitation... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for California on
Q: I am alienated parent and can I sue people and family who knowingly not disclosing where my kid is?

I filed divorce in Oregon and my soon to be ex skipped the state. Supposedly she moved back to CA according to her lawyer. She took our kid with her and I don't know where they are. I haven't been able to serve divorce paper. I have been searching on the internet, hired PI, I confronted... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 8, 2022

you can always sue anyone for anything.

the question is will you win?

they do not owe you a duty to cooperate

there is service by publication ........however this is not my area of law.....it is not domestic violence nor criminal law or PI.....

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for California on
Q: My 19 Month old son was unlawfully removed by a DCFS worker with A FRADULANT warrant!! Can someone PLEASE help me??

My 19 month old son was unlawfully removed from my care last thursday with a fraudulant warrant signed by a judge whom is on SUSPENSION. She has no right to practice law and therefore per California Penal code 207 this would be considered Aggrivated Kidnapping by the social worker because he is... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 4, 2022

If you haven't done so already, report this incident to the police in your city. Then start calling family law lawyers until you find one who will help you.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for California on
Q: MY 19 MONTH OLD SON WAS UNLAWFULLY TAKEN BY DCFS WITH A FRAUDULANT WARRANT IS THIS KIDNAPPING?????

my 19 month old son was taken last week unlawfully by DCFS SAN BERNARDINO COUNTY with a fraudulant warrant and placed with his alledged late fathers family.. My son has no Daddy on his birth certificate and he has my last name they have no legal rights to him and they are not liscenced for foster... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 3, 2022

clearly, you need to get a local lawyer who handles that area of law........i am in Palm Desert and not the right kind of lawyer for you.

it doesn't sound like kidnapping, but clearly, something that needs to be cleared up.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I am I have to pay alimony if my spouse lives with her parents?

We are divorcing because my wife wants her parents to live with us in one house, of course, I do not agree. Therefore we are splitting so that she can live with them.

My question now is: I am I have to pay alimony if my spouse lives with her parents?

By the way, she makes slightly... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 22, 2022

There are numerous statutory factors that go into the decision as to whether spousal support should be paid, in what amount and for what duration. If she is able to support herself and maintain the lifestyle to which the parties became accustomed during the marriage based solely on her own income,... Read more »

1 Answer | Asked in Child Custody for California on
Q: i have 50/50 joint & legal custody of my son. his mother has decided to move out of state. what legal right do i have

what legal right do i have to stop her from moving?

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 16, 2022

Mom can't simply decide to move away with the kids. She must get the court's permission by filing a motion to obtain a "move away" order. You can oppose that motion.

1 Answer | Asked in Family Law, Adoption and Child Custody for California on
Q: How can my husband adopt my son, his stepson.

My son is 14, he has never met his biological father and has no father listed on his birth certificate. My son and my husband want this adoption. My son wants to change his last name to our last name.

Eliza Jasinska
Eliza Jasinska answered on Feb 12, 2022

It is a fairly simple process. Custodial parent and stepparent will fill out court forms, there will adoption investigation, consents must be obtained. The court will schedule a hearing. You will get a copy of the adoption order from the court, and the amended birth certificate will be mailed to... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I have primary physical custody at an 80/20 timeshare. We want to move out of CA. What are my chances of winning?

I have not filed yet but have been talking to the other party about the move. My child is 10. I currently homeschool him and I work remotely. My parents, grandparents and sister’s family are also moving. We all want to live close by in tennessee. They are our main support system. The other party... Read more »

Eliza Jasinska
Eliza Jasinska answered on Feb 12, 2022

In general, when the parents share joint physical custody under an existing order and in fact, and one parent seeks to relocate with the child, the nonmoving parent who seeks a change of custody to prevent the child's relocation need only establish that the change of custody will be in the... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: Recieved a change of counsel motion from the mothers attorney. Also received dismissal docket notice. Do I ignore it?

I am the respondent in a family court case. I represent myself. 2 years have passed since the case was filed. It is now on the dismissal docket notice for March. Last week I recieved an email with a change of attorney motion from the plaintiff. They said they need me to sign off on it cuz... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 28, 2022

You do not need to consent to the other party's motion to be relieved as counsel. As to your question regarding a dismissal, you have not provided enough information. The court does not ask parties if they want their case to be dismissed. It doesn't work that way. If you do want your... Read more »

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I have to tell the noncustodial parent that I’m moving

Do I have to tell the Noncustodial parent that I am moving I’m still staying in the state of California and all he has is visitation of our son everything was finalized in court in 2019

Ryan  Beiser
Ryan Beiser answered on Jan 10, 2022

If the place you are moving is far enough away to interfere with your current custody orders, you have to get the court to change the order. You can't just tell him you are moving if the move will interfere with your custody orders.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 16, 2021

Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: hi, my name is jesus im desperate to get help for my divorce but cant afford a lawyer can someone help me please

i have 2 kids in the marriage and im getting threaten and intimidating by their mother i really need help

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

Sorry you are having problems. You should look for a local Legal Aid Society or contact the County bar association where you live. Unlikely you will receive free legal services from a private attorney. Family Law matters are very complex and take a lot of time. Attorneys get paid for their time.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: currently in a custody court with father who's also a offender of abusing this child we share

currently in a custody court with father who's also a offender of abusing this child we share at the time of offence father plead guilty to charges mother was granted

by cps granting mother sole physical and legal custody of child ,father dose 2year class with his criminal... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 7, 2021

Get yourself a lawyer to handle this. If your ex makes the kind of money you say he makes, a good family law lawyer will force him to pay your fees.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: offender pleads guilty to abuse on our kid then cps gives mother sole physical legal custody then offender dose a 2

cps closed mothers cps case dismissed and reversed case father then did a 2year class w criminal judge father appears at mothers home committed dv on mother criminal judge dismissed dv even with evidence / witness then the judge was relocated to family court giving offender = custody rights... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2021

more info needed.

i would either with a lawyer or on my own contact the Presiding Judge and maybe your congressman and local authorities.

1 Answer | Asked in Child Custody for California on
Q: Question about custody

I have joint custody of my 2 kids we are not going bye the court order we agreed kids can choose where they want to live so the 8 year old lives with me the 11 year old lives with her I moved to redding 1 year ago my 8 year old has been enrolled in school here on medical here in shasta county doing... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

2 Answers | Asked in Child Custody for California on
Q: Court was canceled 2day was custody and visitation. How can I get visitation if the other parent has the child
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for California on
Q: Noncustodial party convicted of fraud in support claim. Can custodial party have case info sealed?

Single, solo dad here, Los Angeles, with full physical/legal custody of my son for more than five years now. Shortly after the other parent lost all custody rights years ago, she filed a child support claim from a different county, and collected thousands of dollars, with the County of L.A. CSD... Read more »

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

more info is needed.

i would retain a lawyer in your area to make a motion to add to the calendar and then move to remove it from your record with the proper evidence.

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