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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody and DUI / DWI for California on
Q: My ex and i have custody of our daughther? Out the blue he changes her schools and lies and states she lives with him .

He serves me paperwork for court

Dale S. Gribow
Dale S. Gribow answered on Feb 22, 2020

more info needed.

you need to contact your family law attorney asap to present your position and submit a declaration countering your ex.......

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: As the custodial parent can I deny a supervised visit to be conducted at my sons fathers house?

My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... Read more »

Mike Darlington
Mike Darlington answered on Feb 9, 2020

Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.

If they do not cover...
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1 Answer | Asked in Child Custody for California on
Q: I have a opening child custody case approaching do not have court date as of yet I am seeking 50-50 joint

Physical custodyHope to get soul custody of three-year-old son she has been with holding him from me for seven months I feel this is unfair even though I pay child support

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 6, 2020

It does not appear that you have asked a question here. What is your question?

1 Answer | Asked in Child Custody for California on
Q: how can i go about asking judge for full custody. currently have 50/50 custody. my child has been neglected in may ways.

over 20 unexcused school absence/ 30+ tardies, poor hygiene, welts, bruises and bald spots on scalp. child has express to me that mother makes her responsible for feeding and caring for two younger siblings ages 2 and 1 , while shes out of the house. my child is only 10 years old.

dont... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

How can you share custody 50/50 with someone if you do not know where they live? If you have evidence of the problems you have listed, it would supply the grounds for a motion to modify custody orders and/or to get the court to order a custody evaluation that may result in you getting the full... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: So I am in a divorce and custody case. My ex filed divorce and custody papers but I have never been served

My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Check with the family law clerk in the courthouse where the action would have been filed.

If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might...
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3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... Read more »

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1 Answer | Asked in Child Custody for California on
Q: In a child custody case, would the parent who can only afford to rent a room automatically be the non custodial parent.

Daughters husband left her while pregnant. They have a two year old as well. He makes less than a third of what she does and rents a room. He also has a girlfriend who stays over. The two year old is a boy. It would seem to me that environment of a rented room in a stranger's house would not be... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 2, 2020

As long as the child would have his own bed in Dad’s home, the court is not going to deprive Dad of custodial rights simply because he can’t afford a bigger place.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can my husband take my kids in a custody battle
Mike Darlington
Mike Darlington answered on Jan 31, 2020

Are you asking if the court would award custody to the father? Of course they can. Custody is not gender based. However, if your husband is not the biological father of the children that is a whole different set of issues and there is no quick and easy answer to that.

There are just way...
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1 Answer | Asked in Child Custody and Child Support for California on
Q: If a father owes back child support but is paying child support now can he be denied visitation rights ?

Planning on putting in the paper to ask for visitation. We have an agreement through child support but she's making it difficult to see them

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 29, 2020

Absolutely not. Paying support has nothing to do with whether a parent can or should have visitation or custody of their children.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: My ex has restraining order and now asking for child custody. 1. I didn't make many police report but

My ex has restraining order and now asking for child custody.

1. I didn't make many police report but he has been physically abusive / verbally and emotionally

2. he's not a permanent resident

3. he works for cash and if he does get the daughter I am afraid he would... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 28, 2020

more info needed.

i should be on DUI and PI

you would explain these concerns to the court with the info you have.

most courts have attorneys, paralegals or clerks available to answer questions.

go to the courthouse involved and inquire,

maybe google legal aid

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a divorce/child custody case be moved to a different county, court jurisdiction?

Our case was filed and ruled on in Mendocino County. My ex put a restraining order on me last year when I had a mental break down, I had no lawyer he did. He has full custody of our 14 year old daughter. I am now wondering if we could move the case to Sonoma County since he has moved to another... Read more »

Mike Darlington
Mike Darlington answered on Jan 27, 2020

The venue of a family law case can be changed if none of the parties still are in the venue in which it now exists. This is done by filing a Motion for Change of Venue.

At the time the motion is heard the court is going to consider various things to determine if the venue should be...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex-husband has not allowed me to see my son per our current parenting order for over a year. What do I do?

My son has also expressed to me that he wants to come and live with me. I was able to talk to him thru social media until his dad found out that we were talking and he was punished for it. They removed all his devices from him.

Mike Darlington
Mike Darlington answered on Jan 24, 2020

Why have you waited a year?! You should have been in court the first time he didn't follow the orders. The longer you wait the less the court is going to think you really are concerned about seeing your son. You need to file for emergency orders to kick start the contact with him immediately.... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: can the parent with custody make a nonwilling 17 year old move away from the state that they’re currently in?

The 17 year old is currently in mediation with their parents and the father wants to move her away from the state that the mediation is currently happening.

Mike Darlington
Mike Darlington answered on Jan 22, 2020

There is no way to answer your question since there no real facts indicated. There is no reference to which state you are speaking of, where the current custody order is, what the current custody order states and the circumstances surrounding the scenario you describe.

You can try again...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: How can I get custody of my niece who is mentally abused by her mother. The father is in the picture.

The father is in the picture and wants to keep a family unit so he puts up with it, he is mentally abused too. My sister has mental issues and refuses help. She is narcissistic and toxic. My niece has severe anxiety and sometimes she can’t breathe due to it.

Mike Darlington
Mike Darlington answered on Jan 20, 2020

I would think you would have a tough road in getting what you want. You are seeking guardianship and would have to allege that it is a detriment for the child to remain in the custody of mom. And from what you say that might well be. However, the father is in the picture and if he objected to... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What happens at a child custody review hearing?

Father hasn’t seen our child in 6 years, court ordered 6 month reconnection counseling but we have a review hearing at 3 months mark. What can I expect? Will things stay the same until 6 months are complete or will there be a modification of orders at review?

Mike Darlington
Mike Darlington answered on Jan 14, 2020

It's hard to say without knowing the intent of the court regarding the scheduled review hearing. The judge might just be wanting to see how the reconnection counseling is going and will probably expect some kind of report from the counselor. Based on that, if the judge sees progress he/she will... Read more »

1 Answer | Asked in Child Custody for California on
Q: My fiancé case is in California, but his daughter and the mom moved to Kentucky. How can he see her he pays CA support.

CA, he was served a day before when the order went threw to take custody away on CA he was in the military. Judge made a bad decision. He pays support but the mom refuses any contact with him. His daughter cries because she misses her dad. Im not sure if we need two lawyers or we’re do we start?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 14, 2020

Depending on how long the child has been living in Kentucky, Dad should consider hiring a lawyer in California to file a motion to transfer venue to Kentucky so he can seek modification of custody/visitation orders. He can then address the support. Once the case is transferred to Kentucky, he... Read more »

1 Answer | Asked in Estate Planning and Child Custody for California on
Q: Hi my son is a beneficiary of my father in law for his life insurance

Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating... Read more »

James Edward Berge
James Edward Berge answered on Jan 13, 2020

The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.

A court cannot give legal advice, nor can a legal document...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can courts take away my legal custody just because I agreed mother have it and changed my mind before it was ordered?

My family moved to Florida in August 2019. Mother requested with my move that I give her sole custody. I, unknowing my rights and feeling I had to do so agreed. We went to court and the minute order did not reflect her having sole custody. I signed the minute order her attorney sent me and mailed... Read more »

Mike Darlington
Mike Darlington answered on Jan 10, 2020

From what you said I am assuming there is some type of court hearing set in California regarding custody; and mom has an attorney.

The fact pattern you are describing is a little vague as to details, but again I am assuming you moved to Florida and mom remained in California, with the...
Read more »

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