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California Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for California on
Q: Can a non-custodial parent prevent summer extracurricular activities that the custodial parent has planned.

I have sole physical custody and joint legal custody and usually have my 13 year old daughter 90% during the summer. I am planning extracurricular activities for the summer for my daughter. My daughter and I have agreed on a community camp close to home with her friends and walkable (which is huge... View More

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answered on Mar 15, 2024

In California, if you have sole physical custody and joint legal custody of your child, you primarily determine where your child resides and the day-to-day activities. However, joint legal custody means both parents share decisions regarding significant aspects of the child's life, which can... View More

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

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

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answered on Mar 12, 2024

Based on the information you provided about your custody order, it appears that you and your ex have joint legal and physical custody, with a flexible time-share schedule that can be determined by mutual agreement. However, the order also states that the children shall be with you (the mother) at... View More

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

Me and my ex have 50/50 legal and physical custody. On the order pursuant to child custody recommending counseling services signed by a judge. On number 3 ( TIME SHARE SCHEDULE) SECTION A) the children shall be with mother at all other times not specifically reserved for the other parent. SECTION... View More

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answered on Mar 11, 2024

In a situation where you and your ex have 50/50 legal and physical custody, and the court order states that the children shall be with the mother at all other times not specifically reserved for the other parent, you have the right to keep your son with you during the week, especially if his... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex isn't showing to exchanges.I have sole physical and joint legal. Also she's under investigation for welfare fraud.

My eldest daughter was accepted to school year abroad in France where we all lived previously. The court order also shows that she is supposed to provide the passports which she has failed to do.

Is there a particular form(s) or strategy that you would employ to go after full custody? I... View More

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answered on Mar 11, 2024

In your situation, given your ex's failure to comply with the court-ordered custody arrangement, the ongoing welfare fraud investigation, and the time-sensitive nature of your daughter's School Year Abroad program, you may want to consider the following strategies:

1. File an ex...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I get a public defender to change a custody order

I currently only have my child 8 hours a week and both she and i want overnights. Instead of simply coming to an agreement, the father (who was and is abusive to me mentally and emotionally) is determined to make it as hard as possible.

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answered on Mar 11, 2024

In California, public defenders are typically appointed to represent defendants in criminal cases who cannot afford an attorney. They generally do not handle family law matters, such as child custody cases, unless there is a related criminal issue involved.

For assistance with modifying a...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Change of venue for child custody.

I was awarded 100% physical and legal custody of my child in 2018 in California. I moved one county over from where the original case was opened in 2021. I am now requesting a change in venue, my ex is contesting it. What would I need to show the courts to justify the request? Are there any family... View More

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answered on Mar 9, 2024

In California, a change of venue for child custody cases is governed by Family Code Section 3421. This section states that the court can transfer a child custody case to another county if either of the following applies:

1. The child has resided in the other county for at least six months...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: what do you do when the judge is biased and always rules in favor of the other party despite of the evidence provided

despite of evidence of parental alienation, poor child care etc the judge has ruled several times in favor of the other party

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answered on Mar 8, 2024

In California, if you believe a judge is biased and their rulings do not reflect the evidence or the law, you can consider filing a motion to disqualify the judge. This process, known as a "peremptory challenge" or a "challenge for cause," requires you to present a valid reason... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can my ex deny me access to my children on my weekends if I will not pick up or drop off when and where he says

My job has me working every weekend and i am unable to change my scheduled, my ex will not compromise as far as picking up and dropping off after I get out of work he says if I don't pick up and drop off when he wants then I can't have the kids. We do not have court order we have just... View More

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answered on Mar 7, 2024

In California, both parents have rights to parenting time with their children, and any informal arrangement should respect those rights. If your current arrangement is not formalized by a court order and communication breaks down, either parent may find themselves at a disadvantage, especially if... View More

2 Answers | Asked in Family Law and Child Custody for California on
Q: Can my ex withhold my children if my new work schedule interferes with pick up and drop off times
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answered on Mar 7, 2024

Under California law, custody and visitation orders must be followed by both parents. If your new work schedule interferes with the agreed-upon pick-up and drop-off times for your children, it's important to communicate this change to your ex and attempt to work out a new schedule that... View More

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2 Answers | Asked in Family Law and Child Custody for California on
Q: the mother of my child wont let me see my child didn’t tell me she gave birth so I’m not on birth cert what can I do?

Her father threatened to call the police if I show up to visit my newborn

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answered on Mar 6, 2024

Under California law, both parents have rights to their child, regardless of the relationship status or if the father's name is not on the birth certificate. If you are not being allowed to see your child and you wish to establish paternity and seek custody or visitation rights, the first step... View More

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1 Answer | Asked in Family Law and Child Custody for California on
Q: The petitioner served me a ( request for order) form improperly through the mail. Do I still attend court?

I was told by the court clerks that he has to have someone serve me and not by mail. He continues to keep serving me this way without a person 18 and over doing it for him stating he don’t care. The clerks say they can’t give me legal advice about this and that I should show up and tell the... View More

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answered on Mar 6, 2024

Under California law, the proper service of legal documents is critical for ensuring that all parties are fairly notified and can participate in legal proceedings. If you have been served with a Request for Order by mail and were informed by court clerks that this method of service does not comply... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can I move out of state with my child if i’ve had sole physical custody and there is no court order or parenting plan?

Unwed when I had the child. He signed birth certificate but has never had physical custody just visitation for an hour 1-2 days a week. child is 4 now and biological father has since neglected visitation and child support for 18 months. No support for school, healthcare ect.

I’ve... View More

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answered on Mar 5, 2024

Under California law, moving out of state with your child when you have sole physical custody and there is no formal court order or parenting plan in place can still be a sensitive legal matter. If the other parent has been involved in the child's life, even minimally through visitation, it is... View More

1 Answer | Asked in Contracts, Child Custody, Civil Rights, Constitutional Law and Family Law for California on
Q: Civil court case. Parentage case combining different complaints - Terminating original filing case filing/#, possible?

Orange County California. State Court. Filing a parentage case due to one parent(respondent) taking and withholding child and forcing a court agreement, or they (petitioner) can't see their child. Signed under duress. Apposing council of the respondent files a motion for modification; the... View More

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answered on Mar 2, 2024

In California, terminating or dismissing a parentage case you've filed can have significant legal implications, particularly in complex situations involving custody disputes, allegations of duress, and domestic violence restraining orders (DVROs). If a petitioner seeks to terminate or dismiss... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardi

hello, I need help. I live on my parents property with my kids and my sister and her 3 kids 2 of which my mom has guardianship of. my 14 yr old niece does not have any custody ordered. My sister has lost custody of her last 2 ch I Loren at birth. She recently had another and the same cp as we... View More

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answered on Feb 29, 2024

Under California law, when Child Protective Services (CPS) intervenes in a family situation, it is typically because there are concerns for the welfare of the child or children involved. In cases where a parent has lost custody of previous children, CPS may have grounds to remove any new children... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: What are some reasons to file a motion of content if a court order is violated in California family law

Can a judge reverse a court order it finds the one of the parties did not fulfill the court order and what happens after that

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answered on Feb 27, 2024

In California family law, filing a motion for contempt may be necessary when a party willfully disobeys a court order. Common reasons include failure to pay child or spousal support, not adhering to custody or visitation schedules, or not completing court-ordered programs or actions. This legal... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a Pro Per Petitioner Prepare and File a FOAH After a Custody Modification Hearing?

I am representing myself (in pro per) in a child custody case. My ex-wife has a free attorney from legal aid. I requested RFO Mod custody and we recently had a custody modification hearing where the judge's rulings were more favorable than my requests.

During previous three hearings... View More

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answered on Feb 27, 2024

Under California law, particularly referencing Rule 5.125, you as a pro per litigant (representing yourself) have the right to prepare and file a Findings and Order After Hearing (FOAH) following a custody modification hearing. This rule applies to all parties involved in a case, regardless of... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Can your children be taken if you go to jail wrongfully?

If you are arrested and taken to jail for a crime that you didn't commit and due to that your children are taken from your custody but you are released and all charges dismissed however your kids that were taken but you are told would be returned once proof of case being dismissed is provided... View More

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answered on Feb 25, 2024

In California, if you were wrongfully arrested and your children were taken into custody by child protective services, the process for reunification is generally clear and aimed at protecting the children's welfare. Once charges against you are dismissed, and it's proven that you are not... View More

1 Answer | Asked in Child Custody and Family Law for California on
Q: What state keeps mother's with children?

Father of child tried to make me abort baby and I refused so he has threatened court to take the baby away from me as much as possible. I am afraid and only want to keep full custody of my child. He has been verbally emotionally abusive throughout pregnancy, even threatened to sock me in the... View More

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answered on Feb 25, 2024

In California, the court's primary concern in custody cases is the best interest of the child, which includes considerations of safety, health, and emotional well-being. While there is a preference for shared custody to ensure that the child maintains a strong relationship with both parents,... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Juvenile Law, Child Custody and Family Law for California on
Q: What are my children and I’s chances of being reunified immediately w/adhering to case plan & all 3 entering Fam mh prg

Cps didn’t make me aware of the juvenile detention petition report until 11 days after that hearing took place, cps has had separate hearings without my knowledge with personal/professional misconducts. Intentional negligence and emotional distress for the well being of my children’s medical... View More

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answered on Feb 25, 2024

Under California law, the chances of reunification with your children upon adhering to a case plan and entering a family mental health program can be significantly improved, as the system prioritizes the well-being and safety of children, aiming for family preservation whenever possible. Compliance... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: Just got a temporary order father was arrested got out and now is threatening me to bring the cops to pick up the kids

We have joint custody the kids don't wanna go

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answered on Feb 24, 2024

If you have a temporary order in place and are facing threats or intimidation, it's essential to prioritize your safety and that of your children. Under California law, if the other parent is threatening to involve the police to enforce custody or visitation rights, it's important to... View More

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