California Child Custody Questions & Answers

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

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for California on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
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 credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business &...

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

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for California on
Answered on Jan 2, 2019
Ali Shahrestani, Esq.'s answer
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 media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...

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.

1 Answer | Asked in Divorce and Child Custody for California on
Answered on Dec 26, 2018
Tobie Brina Waxman's answer
File request for entry of default. If granted, go ahead and proceed to judgment

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?

1 Answer | Asked in Child Custody and Domestic Violence for California on
Answered on Dec 18, 2018
Dale S. Gribow's answer
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 evidence would still work in family law courts.

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

1 Answer | Asked in Foreclosure, Child Custody and Domestic Violence for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
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 who can discover all the info and not just bits and pieces.

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

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for California on
Answered on Dec 17, 2018
Dale S. Gribow's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 that practices where the order was written, bring a copy of your order to the consultation, and discuss what is happening and what you would like moving forward. The attorney can give you the best advice...

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

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Dec 10, 2018
Angelina Bradley's answer
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 counselor will send a report and recommendation to the court. At the hearing, you'll make your arguments and the father will make his, then the court will make the final custody order.

Good...

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

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Dec 3, 2018
Angelina Bradley's answer
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 out of state, you could file a Request for Order to enforce the custody order. You could also exercise your visitation here in California. If your court order includes splitting the costs of...

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Answered on Nov 21, 2018
Vernon Charles Tucker's answer
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 assisting to get your child support payments started, but you first need to get a custody order which DCSS can help you with too. Please let me know if I can be of further assistance.

Vernon C. Tucker...

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?

1 Answer | Asked in Child Custody for California on
Answered on Nov 13, 2018
Andy Cook's answer
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.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Answered on Nov 9, 2018
Andy Cook's answer
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 children in a different state.

I am out of the office today, but I will be back on Tuesday at 619-515-9900.

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?

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Answered on Nov 2, 2018
Angelina Bradley's answer
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.

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

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Answered on Nov 2, 2018
Angelina Bradley's answer
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 luck.

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

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for California on
Answered on Oct 31, 2018
Angelina Bradley's answer
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.

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.

2 Answers | Asked in Child Custody for California on
Answered on Oct 23, 2018
Andy Cook's answer
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.

Q: where can i find an free or low affordable lawyer for a custody case. i really need help with my case.

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Oct 19, 2018
Angelina Bradley's answer
The family law facilitator’s office or self-help Center at your courthouse will provide guidance for free.

If you’re looking for an in-court attorney to make an appearance at the hearing, start with Bay Legal. If they can’t help, try searching for “unbundled lawyer services”. Many attorneys, like me, offer limited scope services and payment plans. Unfortunately I’m in San Diego — I could help with your paperwork but not with showing up in court.

Good luck.

Q: What do I need to do to modify orders since father is unwilling?

1 Answer | Asked in Family Law and Child Custody for California on
Answered on Oct 19, 2018
Angelina Bradley's answer
You would file a Request for Order for modification of child custody and visitation. The court would then order you both to Recommending Counseling (mediation) to try to come to an agreement. If no agreement, the Counselor would make a recommendation to the court, and the court would likely make that recommendation its order.

You should consult with an attorney directly if you have any questions regarding your case. Feel free to reach out to me or any attorney in your area for...

Q: We relocated when she was 2 to California and there are no custody or anything like that she doesn’t have his last name

1 Answer | Asked in Child Custody and Family Law for California on
Answered on Oct 19, 2018
Angelina Bradley's answer
It depends on what worries you.

As the alleged father, he can petition a court for parentage. He hasn't done that in 9 years. Who knows if he ever will. But, if he does, he will be asking for the rights and obligation of a parent. In over-simplified terms, that's the right to visitation and the obligation of support.

The reality is that, for a 9-year absence, any FCS recommending counselor (the person the court orders you to speak with regarding a custody plan) is not going to...

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