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California Child Custody Questions & Answers
1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: I have full custody of my oldest two kids and 50/50 of the youngest

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?

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

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 »

1 Answer | Asked in Family Law, Child Custody, Child Support and Probate for California on
Q: CPS removed my son 12/9/2013, 2 days after his birth. I successfully closed my case and got him back 8/13/2015....

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 »

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

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 »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Do I have to maintain a custody agreement if my kids are at risk of exposure for COVID?

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 26, 2020

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 »

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2 Answers | Asked in Child Custody and Family Law for California on
Q: I currently have full custody of my children in California and planning to move to Idaho soon

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?

Mike Darlington
Mike Darlington answered on Jun 22, 2020

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.

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1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

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 »

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

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 »

1 Answer | Asked in Child Custody for California on
Q: me and my daughter live with my sister I went to jail for two months while I was in jail my sister filed for tempory G.S

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?

Maurice Mandel II
Maurice Mandel II answered on Jun 20, 2020

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 »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Can I apply for a passport if joint legal says ‘ all other matters parents can act alone’

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

Chris M. Bradford
Chris M. Bradford answered on Jun 20, 2020

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 »

1 Answer | Asked in Child Custody and Child Support for California on
Q: If both parents work and have agreed to a 50/50 custody of the children, is child support still required?

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?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 19, 2020

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 »

2 Answers | Asked in Child Custody and Family Law for California on
Q: What can i do legally about my husband not returning our children to me after a visit?

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 »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 18, 2020

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 »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: What will most likely happen with him?

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 »

Chris M. Bradford
Chris M. Bradford answered on Jun 18, 2020

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 »

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1 Answer | Asked in Child Custody for California on
Q: What is the last step in finalizing a default custody order

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

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 15, 2020

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

1 Answer | Asked in Family Law and Child Custody for California on
Q: My son lives in ca. His x lives in wa. State with 3 kids theres no parenting plan how does he go about getting custody

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 »

Mike Darlington
Mike Darlington answered on Jun 11, 2020

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.

1 Answer | Asked in Adoption, Child Custody and Family Law for California on
Q: Can a judge grant child custody and visitation to a man who has never seen my child due to restraining order?

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 »

Mike Darlington
Mike Darlington answered on Jun 9, 2020

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 »

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

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 »

Mike Darlington
Mike Darlington answered on Jun 8, 2020

Since it was a court ordered exam the Judge can order that it be released, even without consent.

1 Answer | Asked in Child Custody and Family Law for California on
Q: I want to change custody and visitation with my EX.

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 »

Mike Darlington
Mike Darlington answered on Jun 8, 2020

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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I pay child support to my ex for our daughter, she has sole physical and legal custody of her. Today the judge approved

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 »

Marco Antonio Torres
Marco Antonio Torres answered on Jun 3, 2020

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 »

1 Answer | Asked in Family Law and Child Custody for California on
Q: If moving party served me with a proof of service zoom court Family Law hearing in her name was I properly served .

Our court hearing is set for June 4 @9:00 am.

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 1, 2020

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 »

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello good day I have a question can I take my child out of state on vacation if I let the other parent know what dates

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

Mike Darlington
Mike Darlington answered on May 29, 2020

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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