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California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can cps let a step grandparents visit my son without asking my permission or telling me?...
James L. Arrasmith
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answered on Jun 14, 2024

Under California law, Child Protective Services (CPS) typically must inform and seek the permission of the child's legal guardians or parents before allowing visits from step-grandparents or any other relatives. However, the specific circumstances of your case may affect this requirement,... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: If I don’t show up for my court ordered parenting pick up what will happen?

Unfortunately my child mother is a very petty individual. I gave her a month notice that I’m going on vacation dates and times and she’s basically telling me no you need to be here. Vice versa whenever she’s had a vacation, I’ve gladly taken the kids during my non-parenting time. She has... View More

James L. Arrasmith
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answered on Jun 13, 2024

Not showing up for a court-ordered parenting time exchange could have serious consequences under California law. Here are a few key points to consider:

1. Contempt of court: Failing to comply with a court order, including a parenting time schedule, can be considered contempt of court. This...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: The petitioner wants to close a custody case that hasn't been decided due to stress does that stop child support?
James L. Arrasmith
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answered on Jun 13, 2024

Under California law, closing a custody case that hasn't been decided does not automatically stop child support obligations. Child support and child custody are separate legal issues, although they are often related.

Here are a few key points to consider:

1. Child support is a...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: I have a child custody. I have no lawyer, my ex does, I normally got my kids ( 2 girls - boy. Ages are 13, 14 and 9)

I was asked to go to a emergency court date, So I went and I had no say. I got supervised visits, had to do counciling. I haven't had a day to pick them up,

It's been over 1 1/2 -2 years without my kids.

Cps never came to the house to see how the kids live when I have... View More

James L. Arrasmith
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answered on Jun 12, 2024

I understand that you are in a difficult situation and want to regain custody of your children. Here are some steps you can take:

1. Legal aid: Look for free or low-cost legal services in your area. Some organizations offer pro bono work for individuals who cannot afford a lawyer. Contact...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my childs mother move out of the county of san diego without my permission/ court approval if you have joint custody
James L. Arrasmith
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answered on Jun 12, 2024

Under California law, if parents have joint legal and physical custody, neither parent can move with the children out of the county without the other parent's permission or a court order. This is known as a "move-away" case.

If the parents cannot agree on the move, the parent...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Could a family law case be over turn if my due process rights were violated? I hope I'm wording it correctly.

My sister filed for guardianship of my kids during the court process we were both to be questioned by a mediation. It being my first time at that court I had no idea where to go by the time someone pointed me in somewhat of the direction to her office I was 10 mins late. I explained to the judge... View More

James L. Arrasmith
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answered on Jun 11, 2024

In California, due process rights are an essential part of the legal system, including in family law cases. If your due process rights were violated, there may be grounds for challenging the court's decision.

Based on your description, it seems that you were not given a fair...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: Yesterday evening on Friday my boyfriend got a voicemail from a lawyer about an emergency exparte for a custody case it

He was told it was an online thing but we know nothing about how to respond online with this in the first place the whole thing is over the daughter lying to get out of facing punishment for another lie which she has been doing alot. He has 50/50 joint custody and the daughter is 12 . She said... View More

James L. Arrasmith
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answered on Jun 8, 2024

I'm so sorry to hear about the difficult situation you and your boyfriend are facing. False allegations of abuse, especially when involving children, can be incredibly stressful and scary. Here is some general guidance, but please keep in mind that I'm not a lawyer and this shouldn't... View More

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

We have an agreement which say the child can’t leave the county (we live in LA). My ex wants to move less than 50miles to another county (Orange county). Does she need my permission?

James L. Arrasmith
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answered on Jun 7, 2024

In California, if your custody agreement explicitly states that the child cannot leave Los Angeles County, your ex needs your permission to move the child to another county, even if it is less than 50 miles away.

The distance of the move is less important than the fact that it involves...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Respondent filed amended responsive decl just 4 days before the hearing?

This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations... View More

James L. Arrasmith
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answered on Jun 7, 2024

In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply,... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: can parent A demand and threaten to call cops if parent B doesn’t have child home at specific time on parent B week

Parent A has been trying to get sole custody and has at one point claimed child has autism which was later confirmed the child didn’t. Parent A has changed child school twice without asking parent B for permission. As of late, parent A has been trying to be more controlling demanding such things... View More

James L. Arrasmith
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answered on Jun 5, 2024

Based on the information provided, it appears that Parent A is engaging in controlling and potentially abusive behavior towards both Parent B and the child. Under California law, unless the custody order specifically states otherwise, both parents have the right to make decisions about the... View More

1 Answer | Asked in Adoption, Family Law and Child Custody for California on
Q: Can cps use a 16 year old case in 2023 to remove a child from there home

Can cps drug test a parent if there not on proll or probation or because of a 16 year old case

James L. Arrasmith
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answered on Jun 4, 2024

I understand your concern, but I want to provide some important context first. CPS (Child Protective Services) operates under state-specific laws and guidelines. Their primary goal is to ensure the safety and well-being of children. CPS investigations and actions are typically based on current... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for California on
Q: My Son is incarcerated and has a child there are no custody orders the mother is putting the child in danger

the mother is on drugs and drinks also plans to move child out of the country. married a guy after knowing him for 6 weeks for financial gain. my son wants me to have guardianship over the child

James L. Arrasmith
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answered on Jun 3, 2024

If your son wants you to have guardianship over his child due to the mother’s dangerous behavior, you need to take immediate legal action. The mother's drug use, alcohol abuse, and plans to move the child out of the country, along with her recent marriage for financial gain, present a... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: IS IT LEGAL FOR FOSTER PARENTS TO CHANGE SOMETHING THAT WAS COURT ORDERED WITH OUT SEEING A JUDGE FIRST

CAN F PARENTS FORCE YOUR CHILD TO GET A VACCINATION SHOT WITHOUT MY KNOWLEDGE,ALL HER VACCINATIONS ARE UP TO DATE. COVID OR FLU SHOT MOST LIKLY F PARENTS SAID THEY DONT HAVE TO ASK OR TELL US WHAT THE SHOT WAS.IS THIS LEGAL SHE HAS BEEN IN THEIR CARE FOR A WEEK.

James L. Arrasmith
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answered on Jun 2, 2024

Under California law, foster parents do not have the authority to change anything that has been court-ordered without obtaining approval from the court. Court orders regarding a child's welfare must be followed unless a judge has reviewed and approved any modifications.

Foster parents...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Visitation granted to grandparent with no past bond or any connection. Now what?

No former relationship to grandson, the mother of the male counterpart to my dautghter (NCP), yet a judge granted four hours every other weekend. This is ludicris! my grandson has no knowledge of this woman. She is a stranger to him. No criteria, no bond, no contact attempted until now. I HAVE to... View More

James L. Arrasmith
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answered on Jun 1, 2024

In California, grandparents can be granted visitation rights if it's in the child's best interest, but the court typically considers the existing relationship and bond. If your grandson has never met this grandparent and there has been no prior relationship, you can challenge the... View More

Q: My wife submitted a Fraudulent Marriage Certificate, Fake Degrees and misrepresented at the embassy before immigrating.

Since i had found out about her marriage certificate was not the same i signed and had conditions I never was aware of . She was being coached by her sister who is an Advocate in Pakistan they I guess figured out how my wife can have a legal status which was by proving she is a victim of domestic... View More

James L. Arrasmith
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answered on Jun 1, 2024

It sounds like you are dealing with a very complex and challenging situation. If your wife submitted fraudulent documents, including a marriage certificate and fake degrees, and misrepresented facts at the embassy, this is serious and can have significant legal implications. You may want to gather... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: He Court’s Inclination for Custody and Its Implications?

We have adhered to a 3-4-4 custody schedule for an extended period. However, in December, an error on my part led to unintended parenting time. This was not formalized in an Order After Hearing but was noted in the minute order as per the stipulation agreed upon by both parties (Not signed by... View More

James L. Arrasmith
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answered on May 31, 2024

In California, a new judge may consider the previous judge's inclination, but they are not bound to follow it. Judges often give weight to prior rulings, especially if there is a documented history and a minute order reflecting the schedule. However, each judge has the discretion to review the... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for California on
Q: I have a case against cps in Mendocino County i can prove non compliance with ADA and violation of rights per INT.INVES.

There was an Internal investigation to see if my rights were violated and they came to the conclusion that yes indeed they were I have a degenerative ear disorder and am going deaf I asked for an interpreter for ASL as is my right under ADA compliance and was denied 3 times and I have so much proof... View More

James L. Arrasmith
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answered on May 28, 2024

I apologize for the difficult situation you are going through with CPS in Mendocino County. It sounds like a very traumatic and painful experience to have your son taken away multiple times over 6 years, especially if you believe there was no valid reason for the removals. Losing that bonding time... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

James L. Arrasmith
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answered on May 27, 2024

Under California law, the primary concern in child custody cases is the best interests of the child. While your ex's association with a gang member who is facing criminal charges is concerning, you generally cannot unilaterally remove your child from the mother's care without a court... View More

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2 Answers | Asked in Criminal Law, Family Law, Child Custody and Federal Crimes for California on
Q: Do I have the right to remove my child from her mother's cate if her mother is cohabiting with a gang member?

I just found out my exes fiance is involved in an active indictment for drug trafficking and weapons. She did not tell me this but I have found the info on the pacer website validating the information. My ex and her fiance went out of state with my daughter for the weekend against court order. Hew... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 27, 2024

Don't take the law into your own hands. If the current custody orders are not in your child's best interests then file a Request for Order to get them modified. If you think your child is in imminent threat of harm or there is an imminent threat to her health, safety or welfare, you can... View More

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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: [Family Law] How to Request a Sanction Order Against the Opposing Party’s Attorney?

We have a divorce case (with one case number) and three different motions in two different courts awaiting hearings. The opposing party’s attorney has made contradictory statements about one fact, varying by the court and motion. The first hearing is coming up. How can I request a sanction... View More

James L. Arrasmith
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answered on May 26, 2024

In California, requesting sanctions against the opposing party's attorney for alleged perjury or inconsistent statements requires following specific procedures. Here's what you should consider:

1. Written motion: It is generally advisable to file a written motion for sanctions...
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