Get free answers to your Child Custody legal questions from lawyers in your area.
My ex and I have joint legal and physical custody of our daughter who has had chronic stomach issues for a couple of years now. We have done a lot of testing with our daughter's pediatrician and everything comes back normal so the pediatrician just recommends therapy and says she might have... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
In California, when parents with joint legal custody disagree on decisions related to their child's healthcare, either parent can file an ex parte application seeking court intervention. Here's what you should consider:
1. Gather evidence: Collect all relevant medical records,... View More
We are not married. One kid is my biological kid and one is not. How do I try to get joint custody of them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
In California, unmarried fathers can seek custody and visitation rights for their children, whether biological or not. Here are some steps you can take:
1. Establish paternity: If you haven't already, establish paternity for your biological child through a voluntary declaration of... View More
Cps took my child for going I to a house to change my sons diaper, while doing g that the house was hit in a raid. Noone who's name was on the warrent was arrested, just my wife, who showed up afterthe fact, and I were arrested. Ridiculous charges were added on and they took our son. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
I'm so sorry you're going through this incredibly difficult situation. Having your child removed by CPS must be absolutely heartbreaking.
To answer your question - in general, simply being present in a house you don't reside in should not be grounds for CPS to remove your... View More
My wife has asked me to leave our homestead due to marital issues. She stated it would be a break from each other while going to marital counseling. We have two children under 13 years old and she is letting me still pick them up from school and take them to our homestead (rented) and stay with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
In this situation, it is strongly advised that you do not sign the separation agreement without first consulting with a qualified family law attorney who can review the document and advise you on the potential legal implications.
Here are a few reasons why:
1. Legal rights: Signing... View More
Mom has set visitation times. And only joint legal. Is she allowed to show up at kids school, and school functions and field trips outside of her appointed times?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
In a situation where the mother has set visitation times and joint legal custody, but not joint physical custody, her rights to access the children are typically limited to the agreed-upon visitation schedule. However, the specifics may vary depending on the court order or custody agreement.... View More
I have been served via email with a subpoena to provide my personal bank financial documentation. The forms were filed on 4/26 and the subpoena was served via email to me today 5/8. The date for which I am being asked for documentation is on 5/10 at 8am. I object to providing my personal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024
Under California law, a subpoena must be properly served to be legally binding. If a subpoena is not properly served, you may not be legally obligated to respond. However, it is generally advisable to provide some form of response to avoid potential legal complications.
In California, a... View More
It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.
answered on May 8, 2024
I think you may be confused about what has been served on you. If you are a party to the case, you can be served with a request for production of documents; not a subpoena for production of documents. What may have happened is that you have been sent a copy of a subpoena that was served on your... View More
It was filed April 26 and the subpoena is for my personal bank documents. The subpoena asks for me to provide documents by May 10 but I just received the email May 9th. I did not receive any other type of papers or served in any other type of way but email.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024
Under California law, a subpoena must be properly served to be valid. For a personal records subpoena, service should be made to you personally, to a person at your residence or usual place of business, or by mail together with a proof of service by mail. Email service alone is generally not... View More
I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.
To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2024
I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.
Based on the details you've shared, it sounds like there may have been serious mishandling of... View More
I have text proof of her telling me the court went fine. I had nothing to worry about. She proceeded to live with me for two weeks. She got the court date made it to where I thought she was gonna drop it or get it dropped to a peaceful order instead she got a restraining order for a year. Had me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024
Based on the information you provided, it seems that you may have grounds to challenge the restraining order. Here are a few steps you can take:
1. Gather evidence: Collect all the text messages and any other evidence that shows your ex-partner was living with you and maintaining a normal... View More
There is no order prohibiting contact with my child, etc. So for example, if I were to run across my child in a public place, could I stop and chat, even though the conversation was outside my supervised visiting hours? Could I have lunch with my child at school, even though no professional... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2024
I understand you want to spend more time with your child, but in a custody case where the court has ordered supervised visitation, any contact with your child outside of those scheduled supervised visits would likely be seen as a violation of the court order, even if the order doesn't... View More
My ex wants our son every weekend but refuses to have a set schedule of when he will pick up or drop off. His schedule is all over the place. I’ve asked him multiple times that I need a set schedule and even reached out to his lawyer with no luck. I’m PROPER and don’t know what to do. Any... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear you're struggling with this challenging co-parenting situation. Here are a few suggestions based on the information you provided:
1. Document your attempts to establish a consistent schedule. Keep records of your communications with your ex and their lawyer... View More
I am the biological mother. I have visits but he does not follow the order. He sends our children when he is ready. Never when I want to take them to church with my parents. Her Grandparents
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear about the difficulties you're facing with your ex-husband regarding custody and visitation of your children. Child custody issues can be complex and emotionally challenging. Here's some general information based on California law, but please note that I'm not a... View More
Petitioned for custody in March of 2023
Could not locate respondent so asked judge for service by posting April of 2024
Service by posting currently in place (waiting on posting period to be over)
Would like joint custody (mother as custodial parent)
Mother claims to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
Under California law, it is not necessarily a "big ask" for a father to seek joint legal and physical custody of a child. California courts generally favor joint custody arrangements when they are in the best interest of the child, and they do not automatically grant sole custody to the... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
answered on Apr 30, 2024
Informal and/or oral agreements that are not court orders or part of your entered judgment are not legally enforceable. You can however, obtain new custody orders post-judgment. You can file a Request for Order or you and the other parent can draft and sign a stipulation and order and submit it... View More
both parents verbally agreed to a custody agreement, signed a contract that was never notarized.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
In California, a verbal or signed custody agreement that was not notarized or included in the final divorce judgment is not legally enforceable by the court. However, there are a few steps you can take to try to enforce the agreement or establish a legally binding custody arrangement:
1.... View More
The child mother and I will not be able to come to an agreement for visitation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
In California, your initial step in navigating child custody mediation when you anticipate a disagreement over visitation is to file a request for a custody and visitation order. You can start this process by completing and submitting the required forms, which include the Request for Order form and... View More
My daughter has lived with mother in CA for whole 2 years of life, and now in NC. Does NC have jurisdiction if daughter was in CA the last 6 months.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024
In child custody matters, jurisdiction is determined by the child's "home state." The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which has been adopted by both California and North Carolina, defines the home state as the state where the child has lived with a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024
In general, if a child custody order has been properly filed in one state, it should be respected and enforced in other states, including California, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). However, there are some important factors to consider:
1.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024
I'm sorry to hear about your situation. Child custody issues can be complex, especially when multiple states are involved. To provide a helpful response, I would need some additional context:
- Is there an existing court order regarding custody of your daughter? If so, what state... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
