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California Child Custody Questions & Answers

1 Answer | Asked in Child Custody for California on

Q: If I have an ongoing custody case 3yrs 50/50 legal, full physical can I request full custody and to have my case closed

I’ve had an ongoing case for 3 years we share legal I have physical, they’ve not complied with the courts requests and thus not seen the kids this whole time. I’d like to have full custody and no longer have courts involved is this possible

Ali Shahrestani, Esq. answered on Jan 24, 2019

You might need to file a motion for contempt of court order (if applicable) and for modification of child custody. You may also need to ask for child support modification. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation... Read more »

2 Answers | Asked in Child Custody and Divorce for California on

Q: IF I FILE FORE DIVORCE AND FULL CUSTODY AND LEAVE THE STATE WILL I GET IN TROUBLE, IM AFRAID OF MY HUSBAND REACTION

I PLAN TO FILE FOR DIVORCE AND CUSTODY OF MY KIDS AND LEAVE THE STATE TO MY MOMS, MY HUSBAND HAS THREATENED ME AND WE CURRENTLY HAVE PEACEFUL CONTACT ORDER DUE TO AN INCIDENT 3 YEARS AGO. BUT THE AB USE HAS CONTINUED, WILL I GET IN TROUBLE FOR LEAVING WITH MY KIDS

Angelina Bradley answered on Jan 16, 2019

It depends on what your current court orders say. Is the peaceful contact order is in criminal court (CPO) or family court (DVRO)?

If you have sole legal custody, you may be able to move without a moveaway order. You may also need to ask the court for permission to move away. Bring your...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on

Q: Can my childs father get visitation after losing trial for felony domestic violence?

In 2016 my childs father beat me in front of our small child. I pressed charges he lost trial and in 2017 he was charged with felony domestic violence. We went to family court I allowed him phone calls and hes told me to get over the abuse and get over him hurting me in front of our child. That he... Read more »

Angelina Bradley answered on Jan 9, 2019

The presumption in family law, once a finding of domestic violence has been made, is that the perpetrator of the domestic violence does not get legal or physical custody. FC 3044. On the facts you describe, odds are good he would not be awarded custody. He may be awarded visitation, but you have... Read more »

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1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on

Q: Is it possible to have my case be transfered from one court house to another court house in the same county

Ali Shahrestani, Esq. answered on Jan 2, 2019

A change of venue is requested via a Motion, and you would have to show good cause for that request. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on

Q: Child abandonment or child neglect? Is the situation grounds for filing a case against the parents?

When the baby was born, CPS was called in because of the mother's (narcotic) history and baby's lab results but the case was closed. Now, both parents of the child (mother "was" drug dependent but "claimed" rehab and the father is unemployed with presumed gambling addiction) are unfit and are... Read more »

Ali Shahrestani, Esq. answered on Jan 2, 2019

You can call CPS and the police to report child abuse/ neglect. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Divorce and Child Custody for California on

Q: I filed for divorce 4 months ago and my husband has not responded I thought he had 30 days to respond what can I do.

Tobie Brina Waxman answered on Dec 26, 2018

File request for entry of default. If granted, go ahead and proceed to judgment

1 Answer | Asked in Child Custody and Domestic Violence for California on

Q: I was arrested for DV 3 months ago. Case was closed by the DA. Can it still effect my child custody in family court?

Dale S. Gribow answered on Dec 18, 2018

A lawyer needs more info.

You need to ask this of a family law attorney, not a criminal law attorney.

Technically they can use the facts.

It just won't be a conviction.

Criminal law requires guilt beyond a reasonable doubt.

I suspect a lesser amount of...
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1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on

Q: Can a judge change his previously amended Temporary Restraining Order?

Received a TRO on 7/5 against ex, giving full no contact, and no custody to ex. Judge upheld TRO however reversed custody ruling on 7/25, when ex requested case go to trial. Just got letter from courts in mail stating trial is moved from March to May, along with an Amended TRO, stating the new... Read more »

Dale S. Gribow answered on Dec 17, 2018

more info needed.

judges can change orders but usually, there is a hearing where arguments are presented. Was there one you did not know about?

you have posted this on a crim/accident site and suggest you ask this of family law attorneys.

you really should retain a lawyer...
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2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on

Q: where can i find an honest to god attorney who can defend me from a domestic violence charged being placed against me?

I have been a victim of abuse for many years shameful and humiliated i couldn't ask for help. But to have my offender press charges against me to break me away from my children and the new life im trying to live is unfair. I current have no money and was told i have a domestic violence charged... Read more »

Dale S. Gribow answered on Dec 17, 2018

more info needed.

however, if you do not have funds you will have to request the court appoint a lawyer for you at your arraignment.

Prepare a detailed summary of all the facts so you do not forget to tell your lawyer any of the info.

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1 Answer | Asked in Family Law and Child Custody for California on

Q: Can my ex keep me from talking to my kids on the phone?

I have no visitation

Angelina Bradley answered on Dec 10, 2018

It depends on what your court order says and the circumstances of your no-visitation order.

You should consult with a family law attorney for the jurisdiction your order was written. I see you're in South Carolina but you're posting to the California family law section. Find an attorney...
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1 Answer | Asked in Child Custody and Family Law for California on

Q: What form do I need to file for sole legal custody?

Myself and father of my children have Joint legal custody.

He has failed to inform me of our children getting shots until after he took them to doctors to do so.

Baptized our one year old son in July 2018& I barely found that out this December 2018.

He apparently doesn’t... Read more »

Angelina Bradley answered on Dec 10, 2018

You should consult with an attorney about the specifics of your case, but, to answer the question "What form...", the answer is a Request for Order to modify child custody and visitation.

You'll be ordered to counseling to try and work out a custody plan, and, if you don't agree, then the...
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1 Answer | Asked in Family Law and Child Custody for California on

Q: mother is a california resident and is refusing to let kids leave the state to visit me in oregon. Can she do this?

In our custody agreement I am suppose to have my kids 2wks out of the summer and every other Christmas. I am suppose to have them 2018 Christmas, but she is telling me that she doesn't have to let them leave the state to see me. Is this true, and if it isn't what can I do about it? Thank you.

Angelina Bradley answered on Dec 3, 2018

It really does depend on what your court order says. Some will say travel out of state isn’t permitted without written permission or a court order. Some just require notice. Others are silent on the issue.

As for what you can do, if she refuses to comply, and the order doesnt bar travel...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on

Q: What steps do I take to start divorce proceedings with my estranged husband who left California and started over already

Im also trying to find out information about family law child custody and support. He hasn't paid a dime or even called on her bday she just don't exist and he just left us with literally nothing. I am begging u for some direction to get my life back plz. I just don't know what im doing. TIA

Vernon Charles Tucker answered on Nov 21, 2018

Ms. Webster,

You would first need to start off by filing a petition for dissolution of the marriage to dissolve the marriage. When filing the petition you can address the custody issue and the child support as well. The Department of Child Support Services (DCSS) can be useful in...
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1 Answer | Asked in Child Custody for California on

Q: If my ex husband is trying to take full custody of my 16 year old and 11 year old, can I tell my children?

Andy Cook answered on Nov 13, 2018

You may, absent a court order to the contrary; but you shouldn't. Keep the kids out of it until it is no longer possible.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on

Q: single father custody of children paying 633 a month in child support court case 11/28/18

Hemet court house 11/28/18 seeking legal representation, unfit mother abused children by abandonment, claiming child support and receiving it. All the proof needed I have children in my sole custody and care as of August 1st 2017. I reside in Missouri however, I would need to appear by phone. The... Read more »

Andy Cook answered on Nov 9, 2018

You should immediately file a motion to modify child support to zero, or even to have the mother pay you child support.

Beyond that, at the hearing on 11/28/18, you should ask for an equitable offset and a refund because the mother was getting child support even though you had the child or...
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1 Answer | Asked in Family Law, Child Custody and Child Support for California on

Q: My child's father refuses to pay child support, what resources do I have? and how can I get him to help pay for daycare?

I was receiving child support up until I won a court decision that allowed me to enroll my son into daycare. His father had been doing everything in his power to keep me from enrolling him in daycare. He wants me to give him full custody. So much so I was unable to work in order to take care of my... Read more »

Angelina Bradley answered on Nov 2, 2018

Contact your county's Department of Child Support Services to open an enforcement case. Bring your existing child support order. They'll be able to assist.

Good luck.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on

Q: Going through divorce and trying to get custody of my kids.

Going through divorce and trying to get custody of my kids.

I have 2 minors with my soon to be ex- wife. She had a 4 month old when I met her and then we got married. So I have three daughters. My oldest step daughter is already 6 years old. I've supported her financially and I'm her dad... Read more »

Angelina Bradley answered on Nov 2, 2018

Yes, you can include her. In a divorce, parentage can be adjudicated. But if you think she's going to contest you on that, it may make sense to file a parentage case under the presumed parentage code.

You should consult with an attorney to determine the best course of action.

Good...
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1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on

Q: I filed DV tro including my son will that return him to me from his father when sheriff serve? Includes custody.

Married before his birth and the 1st dv was just on me, obtained a tro the 2nd one I didn't press charges the pd did and included an epo for me and my son (Modesto, CA)

Angelina Bradley answered on Oct 31, 2018

If your son is a protected party and the order includes that custody is with you, then you can use the order to contact law enforcement to help you retrieve your son once the order is served.

I'm sorry you're going through this. Good luck.

2 Answers | Asked in Child Custody for California on

Q: I had 50/50 custody. My ex husband agreed to let me move out of town(2 hours away) and take our child with me.

We never changed custody agreement. He does not pay child support. Now he is taking my child out of school early and has cause a truancy letter to be sent. When I asked him to stop he said either I let him or he will take our child back. Does he have any legal grounds to do this after it’s been a... Read more »

Andy Cook answered on Oct 23, 2018

He does not have legal grounds because it generally is against the law in California to remove one's child from school early. You ought to file a motion with the court to define what the custody schedule is, or should be, now; and, assuming you get custody, to get child support.

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