this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »
The mother up and left two years ago and moved to flordia. No agreement was made when she left and there has been no contact with her for that time. I’m looking at moving out of state. Do I have to file to leave the state?
You said you have "full custody." Does that mean you have a court order that says so? If you have a court order, you need to always read the court order. Not all court orders are the same. Some say that you can't move without a "move away order," which means you have to... Read more »
Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support... Read more »
It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already... Read more »
My ex and I have custody agreement however he told us last night that he had to be tested for COVID and is currently exhibiting symptoms. I have expressed my concern and that I think he needs to wait at least until he is symptom free before being around our children to be cautious and prevent... Read more »
He got tested. I would expect a responsible parent would not expose his children in the event he tests positive -- whether he tells you the test results or not. In fact, I believe we have all been told that if anyone tests positive for Covid-19 that they should quarantine and isolate themselves... Read more »
Do i need to submit a document or file a petition to ask the judge in Idaho court to adapt the order that was placed in California which is the full custody?
That's really a question for an attorney in Idaho. However, you should contact a California attorney before you move to make sure you are doing so legally.
he is not the father and in prison
The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »
It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »
The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »
she just told me and my daughter to be out by the 25th when we go can I get introuble for taking my daughter when she told us to be out by the 25th?
Sorry to hear you are going through this stressful situation. Remember, what you post in a public forum can be used against you. You need to consult with a Family Rights/ Family Law attorney right away about this application of Temporary Guardianship. Take all papers with you, have the case number... Read more »
We have joint legal custody and I am now interested in applying for a passport for our child however , passport issuance Never came up our joint legal states we need to agree upon school, doctors, extracurricular activies and reglious services
Joint legal custody also applies to applying for a passport. The passport form itself is going to ask about the parents of a child. If you believe that the other parent will not agree to a passport for a child, you still must go through the steps of asking for his or her cooperation. Don't... Read more »
My income as a father is greater than hers, will I still be required to pay child support if I petition for a 50/50 custody, and agreement thats already been made by both sides?
Child support is calculated using an algebraic formula in the form of a computer program. The percentage of time each parent has custody is but one factor used to calculate support. In addition, the parties' respective income, certain deductions from income, health insurance premiums and... Read more »
I am recognized as my kids custodial parent through child support. They have resided with me their whole life even after their father abandoned us for another family he had hidden from us. The past 3 summers we agreed he would take them from june til august and bring them back before school started... Read more »
The time line here is not at all clear. He never brought them back since when? Do you mean that he did not return them after last summer's visit? i.e. you have not had custody of your children since August 2019? It also sounds like although you and the other parent may have some kind of... Read more »
I have a peaceful contact with my baby's dad but I live at my mom's house and we have an open dcf case, our restraining order was changed to peaceful contact because of our dcf case and his last/recent arrest,he was released and recently he passed by in a car and yelled my name my mom... Read more »
What will most likely happens to the baby's dad, will be up to the police and the district attorney. When a restraining order is first issued no crime has been committed. However after the baby's dad has been served with the restraining order and then he violates it, then a crime has... Read more »
I won sole custody by default and the judge ordered me to file a form to finalize the order but I don't know what to file
Not enough information here. Without knowing what you've already filed it's impossible to know what still needs to be filed. Generally, follow these steps: https://www.courts.ca.gov/15870.htm
He gives her money just about every week, she's allowed them to come visit twice, shell tell him they can come again and now won't let them, he feels bad and doesn't think hell be able to get custudy of them the oldest isn't his but hes raised her from birth and he doesn't... Read more »
If mom and the three kids have lived in Washington for more than six months that state will have jurisdiction of the custody issues with the kids.
That being the case you should consult an attorney who practices family law in Washington.
I had a child with a man who wanted to kill me and the child while I was pregnant. The child is 8yrs old and the man has never seen him due to restraining order from me and my child. The restraining order ended in 2017 and I never bothered to renew it because I moved and thought I won’t deal with... Read more »
Couple of things, first, do not send anyone to court for you other than a lawyer. A layman cannot represent your interests. Second, you need to sit down with a professional that handles family law cases in the court where the case is filed. Third, if you have not already done so you need to get... Read more »
My ex was ordered to undergo a psychological evaluation. He is not willing to sign the consent form giving me access to the results. I’m in pro per. The evaluator said he typically sends one copy to each party and one to the judge. Can the judge make him consent? Knowing his diagnosis is... Read more »
Since it was a court ordered exam the Judge can order that it be released, even without consent.
What are my next steps to deal with this legally ? I have tried talking to him and solving it on our own but he has stopped accepting my call. Even when I go to see my son he is always there. I'd like to spend time with my son without being chaperoned. And i'd like to have at least... Read more »
In order to change custody/timeshare of your child you would have to file an FL-350 requesting modification of the current orders. This should be filed in the same court as your custody orders. You will need to be specific as to what type of orders your are seeking and the reason the court should... Read more »
for me to have temporary custody of my daughter, pending our custody court date. My question is, do I call child support and ask them to stop payments to my ex, since my daughter is in my custody for 2 months? Our custody court date is set for August 3rd. Or do I have to allow them to keep... Read more »
In order to stop the child support garnishment you need to file for modification of child support and it will only be modified after a court order. Any modification entered after the filing of the request for modification will be retroactive to the date of filing and you will be entitled to a... Read more »
Our court hearing is set for June 4 @9:00 am.
You were not properly served because I party to the action cannot be the person who serves the papers. However, as your hearing is in 3 days, there's nothing you can do about it. I wouldn't risk not "showing" up at the hearing simply because you were not served properly. You... Read more »
Back and were we are headed to and he says no I did text him and have all the text between us. I told him it will only be for 2 weeks we don't have any orders in place can he say I abducted our child even though I said only for that amount of time
That would depend on the terms of the custody/timeshare orders in place. You need to read them very carefully to determine what time you are allocated for vacations, if any, any restrictions on destinations/travel, and notice provisions. Such as requiring advance written notice. If you are... Read more »
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