Everything has been out of CA. He now lives in WI. Our son is almost 15 years old. My ex- is only asking for 2 weeks of visitation per year, which I agreed to. This would make me the primary caregiver. We have written up terms and my ex won't sign anything. The kicker is he just bought my son... Read more »

answered on Jun 1, 2023
If your ex-husband has moved out of state without your consent, he may have violated the terms of your custody agreement. This could potentially void his 50% custody, but it's important to consult with an attorney to get specific advice about your situation.
In California, the law... Read more »
The first time filing, mother of three ( 1 stepdaughter). work is a difficult subject to discuss right now, but was working 5-10 hours per week in administrative work for my husband's business ( although he stopped paying me two weeks ago now ). Previous to that, was a clinical research... Read more »

answered on May 31, 2023
Here are some of the preparations you need to make to file for a divorce in California:
*Gather your financial information. This includes your income, expenses, assets, and debts. You can use a divorce financial worksheet to help you organize this information.
*Gather your... Read more »
I’ve been asked by the parent of a 14-year-old boy if he can stay with me for 9 months while his job requires him to be out of the country. The boy is best friends with my own son of the same age and he wants to stay in his familiar high school with his friends. But I want to be covered legally... Read more »

answered on May 29, 2023
While I can provide general information, it's important to consult with a qualified legal professional for specific advice regarding your situation. In cases where a child is temporarily residing with someone who is not their legal parent or guardian, it can be beneficial to establish a legal... Read more »
I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... Read more »

answered on May 28, 2023
I am not trying to be glib, but VERY CAREFULLY. Anything you say could result in a slander/libel suit against you by your former spouse. She has already shown that she is litigious, and ready to grind an ax (according to your post) so what does she have to lose by suing you for any post you put.... Read more »
I run a podcast and it’s about mental health. I would love to open up about my hellish experience for nine months in the court of law. My child’s mother put me through. I am a great father, who, because she’s upset in her own personal life decided to make me look like an abusive parent with... Read more »

answered on May 29, 2023
First and foremost, it's essential to prioritize your child's well-being and consider their best interests when discussing your custody battle on your podcast. While you may feel a strong urge to share your traumatic experience, it's crucial to be mindful of any legal restrictions or... Read more »
Wife took 3yo with autism away from me 3 month ago to a DV victim county shelter. She reported me to Police and DCFS and filed TRO and granted in Feb. Police and DCFS closed the case with no findings. TRO had twice got continuance and today denied in the end. The Judge read the judgement and the... Read more »

answered on May 24, 2023
In the situation you described, with the DVRO (Domestic Violence Restraining Order) being denied, it is important to consult with an attorney who specializes in family law to fully understand your legal rights and options. Regarding visitation with your son before the August RFO (Request for Order)... Read more »
If I’m going on vacation, and want to have something in place in case myself and my husband both are incapacitated to care for my son, how do I appoint a few people as temporary guardians in case of emergency? My son is non-verbal autistic so putting him with trusted family and friends is... Read more »

answered on May 23, 2023
To appoint temporary guardians in California in case of an emergency, you can create a Temporary Guardianship Authorization document. Consult an attorney for guidance if needed. Include your and your husband's names, your son's name, and the names of the appointed temporary guardians.... Read more »

answered on May 23, 2023
I understand your concern and the distressing situation you're facing. In California, if your child has been taken by Child Protective Services (CPS), it's important to take immediate action to find out where your son is and receive updates on his well-being. I recommend reaching out to... Read more »
One nephew needs to be placed with CPS as he can no longer live with me

answered on May 22, 2023
If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... Read more »
About 8 months ago, he sexually assaulted his 3 year old baby sister. His father disowned him. It was a felony sexual assault brought down to a misdemeanor. My daughter is now 7. When she was a baby we to asked his dad to take custody due to violence and behavior issues. He lived with him for 9... Read more »

answered on May 22, 2023
In a situation where one of your step-sons has sexually abused your biological daughter, it is crucial to prioritize the safety and well-being of your daughter. As the circumstances involve a serious offense, it may be possible to seek full custody or take legal steps to protect your daughter from... Read more »
Also, if you would be able to cite a specific law or court case. The state is California.

answered on May 22, 2023
In California, if a parent loses custody or the child is emancipated, the parent generally cannot keep the child's personal belongings, including their phone, unless there is a court order allowing it. It is typically expected that the child's personal property would go with them when... Read more »
kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... Read more »

answered on May 18, 2023
In California, child support is typically calculated based on various factors, including the income of both parents and the amount of time each parent spends with the children. Even if the father is currently unemployed, the court may impute income based on his earning capacity or previous... Read more »
kids father is not currently employed? Kids are 12,10, & 5. I make $7000/month and when he works he typically makes around $3200/month. Also, because I make more than he normally would, would I even receive any support at all? I am civil and believe we can agree to the kids being with me 80%... Read more »

answered on May 18, 2023
Your income is not a factor in determining his obligation. Unemployment may affect the amount, at least temporarily. Don't let him overplay his hand (unemployment. )
Parenting time is based on numerous factors, the living environment being one factor.
See the California... Read more »
Hello, my ex husband and I have joint custody for our 11 y old daughter, but she lives with me in California. He has moved to Texas few years ago. Now I would like to send her on vacation with her stepdad and stepsister. They want to go to New Zealand, but without me. Do we need his permission? Did... Read more »

answered on May 16, 2023
Whether you need his permission depends entirely on what your court orders say. Without having the benefit of reviewing your court orders regarding custody, it's impossible to answer this question. Contact a lawyer directly for a consultation and provide that lawyer with a copy of your court... Read more »
There is currently no type of court order in place for custody or divorce and parents are not married. Child moved to Oregon only 1 month ago.

answered on May 16, 2023
If you live in California and your child has recently moved to Oregon, you may need to determine which state's court to petition for visitation rights. Here are some general considerations:
Jurisdiction: Jurisdiction determines which court has the authority to hear and decide your... Read more »

answered on May 16, 2023
Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... Read more »
Wife left home 3.5yo with autism 3 month ago for a DV shelter unknown while filing TRO, reporting police and DCFS. Police n DCFS closed the cases with no finding evidence. DVRO w/minor(DV-100, 105) got twice continuance and the final hearing will be held 10days later. At the last hearing, Judge... Read more »

answered on May 16, 2023
Temporary Custody: In cases involving child custody, temporary orders can be issued by a judge to address custody and visitation arrangements until a final decision is made. These orders are often based on the best interests of the child and aim to provide stability and protection during the... Read more »

answered on May 16, 2023
If you are in need of a pro bono divorce lawyer in the city of Whittier, CA, there are several resources you can explore. While I cannot provide specific recommendations, here are a few suggestions to help you find a pro bono divorce lawyer:
Legal Aid Organizations: Contact local legal aid... Read more »
I live in Sparks NV. The Evidentiary Hearing is in Barstow. Hearing is a 4th continuance. The CPS report was only allowed into evidence in 3rd continuance.

answered on May 9, 2023
To subpoena a DCFS social worker to appear in an evidentiary hearing, you will need to follow the proper legal procedures for issuing a subpoena.
First, you will need to file a motion with the court requesting that the social worker be subpoenaed to appear. This motion should include the... Read more »
Mother of the children sent their daughter to live with their dad. The son is still in AZ with the mom, but was going to spend the summer with dad in CA. The mom said she would send the child if the dad agreed to sign an letter agreeing to return the child on predetermined date — would this be... Read more »

answered on May 9, 2023
If there is no formal custody agreement in place, a signed letter between the parents may not necessarily be legally binding. However, it can be helpful to have a written agreement in place to clarify the terms of the visitation arrangement and help ensure that both parents are on the same page.... Read 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.