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California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for California on
Q: Recieved a change of counsel motion from the mothers attorney. Also received dismissal docket notice. Do I ignore it?

I am the respondent in a family court case. I represent myself. 2 years have passed since the case was filed. It is now on the dismissal docket notice for March. Last week I recieved an email with a change of attorney motion from the plaintiff. They said they need me to sign off on it cuz... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 28, 2022

You do not need to consent to the other party's motion to be relieved as counsel. As to your question regarding a dismissal, you have not provided enough information. The court does not ask parties if they want their case to be dismissed. It doesn't work that way. If you do want your... Read more »

1 Answer | Asked in Criminal Law, Family Law, Traffic Tickets and Child Custody for California on
Q: I need help to get my kids back in Dependency court allegations against me were false

I was wrong for incarcerated later quitted my kids are taken from me my parents told the court reporter a bunch of lies about me

Dale S. Gribow
Dale S. Gribow answered on Jan 21, 2022

much more info is needed.

it is hard to understand the facts of your case. Maybe you should write them down.

however, many criminal lawyers don't get involved in issues like this.

i would suggest you make an appointment with a local criminal lawyer to discuss your...
Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I have 50/50 legal and 100% custodial of my son his dad won't all us to get him a passport. What do I need to do

The father does not have a legitimate fear of travel he is strictly disgruntled. What form and how do I file for a motion to get a judge to approve my son getting a passport

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 12, 2022

This forum cannot be used in this manner; i.e. to be instructed on how to practice law. If you do not want to hire an attorney to assist you, you can use the court's self-help link on the Superior Court's website. What you will need is a Request for order either to modify custody so... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Do I have to tell the noncustodial parent that I’m moving

Do I have to tell the Noncustodial parent that I am moving I’m still staying in the state of California and all he has is visitation of our son everything was finalized in court in 2019

Ryan  Beiser
Ryan Beiser answered on Jan 10, 2022

If the place you are moving is far enough away to interfere with your current custody orders, you have to get the court to change the order. You can't just tell him you are moving if the move will interfere with your custody orders.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 16, 2021

Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety... Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: hi, my name is jesus im desperate to get help for my divorce but cant afford a lawyer can someone help me please

i have 2 kids in the marriage and im getting threaten and intimidating by their mother i really need help

Maurice Mandel II
Maurice Mandel II answered on Nov 15, 2021

Sorry you are having problems. You should look for a local Legal Aid Society or contact the County bar association where you live. Unlikely you will receive free legal services from a private attorney. Family Law matters are very complex and take a lot of time. Attorneys get paid for their time.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: currently in a custody court with father who's also a offender of abusing this child we share

currently in a custody court with father who's also a offender of abusing this child we share at the time of offence father plead guilty to charges mother was granted

by cps granting mother sole physical and legal custody of child ,father dose 2year class with his criminal... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 7, 2021

Get yourself a lawyer to handle this. If your ex makes the kind of money you say he makes, a good family law lawyer will force him to pay your fees.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: offender pleads guilty to abuse on our kid then cps gives mother sole physical legal custody then offender dose a 2

cps closed mothers cps case dismissed and reversed case father then did a 2year class w criminal judge father appears at mothers home committed dv on mother criminal judge dismissed dv even with evidence / witness then the judge was relocated to family court giving offender = custody rights... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 6, 2021

more info needed.

i would either with a lawyer or on my own contact the Presiding Judge and maybe your congressman and local authorities.

1 Answer | Asked in Child Custody for California on
Q: Question about custody

I have joint custody of my 2 kids we are not going bye the court order we agreed kids can choose where they want to live so the 8 year old lives with me the 11 year old lives with her I moved to redding 1 year ago my 8 year old has been enrolled in school here on medical here in shasta county doing... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

2 Answers | Asked in Child Custody for California on
Q: Court was canceled 2day was custody and visitation. How can I get visitation if the other parent has the child
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 30, 2021

File a request for order for modification of your existing orders.

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1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for California on
Q: Noncustodial party convicted of fraud in support claim. Can custodial party have case info sealed?

Single, solo dad here, Los Angeles, with full physical/legal custody of my son for more than five years now. Shortly after the other parent lost all custody rights years ago, she filed a child support claim from a different county, and collected thousands of dollars, with the County of L.A. CSD... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 27, 2021

more info is needed.

i would retain a lawyer in your area to make a motion to add to the calendar and then move to remove it from your record with the proper evidence.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Lawyer charged me for court cost for her to separate as my lawyer but case ended 6 months ago??? Please help

Hired her 8-23-20 last day in court was in 10-06-20. When case finished, we hug and i thank her. Well 6 months later i started getting invoice for my case?? At first she just told me it was just a covid letter they sent to all of their clients. I inform her my case ended 6 months ago and i have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 26, 2021

much more info is needed.

it sounds like the case is still alive if the lawyer is making a motion to be relieved as your attorney.......i assume that is what is happening and s/he is charging you to do that.

i would send a letter memorializing ALL the facts. if the facts warrant it,...
Read more »

1 Answer | Asked in Child Custody, Divorce, Family Law and Domestic Violence for California on
Q: There was divorce filed by my husband 2 years ago. We reconciled but he never withdrew the paperwork. I want divorce now

The paperwork was filed in contra costa county. We live in solano now. We only had 1 child at the time the other papers were filed. We now have 2. How do I proceed with divorce? Or am I stuck at his mercy because he filed the paperwork 2 years ago and never closed? I also want to move to my parents... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 18, 2021

MORE INFO NEEDED

THE FIRST ISSUE IS JURISDICTION. CONTACT A LOCAL FAMILY LAW ATTORNEY AND FILE IN YOUR COUNTY.

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Can my wife take my kids with false accusations

My wife and mother in law have made false accusations of being unsafe with me and of me “shaking” my babies. I’ve been cleared because it never happed. And now is trying to get restraining order so they can take my twin babies to Washington DC. They’ve contacted help on their end so I’m... Read more »

Louis George Fazzi
Louis George Fazzi answered on Sep 15, 2021

The answer will depend on where your wife and children are located, because that is where you will have to take your stand. I am not a family law lawyer, and am only licensed to practice in California.

You can start by asking for help from the JAG Office at your marine base. You might ask...
Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: i have a closed cps case but still have 2 visits n phone calls but the kids live with there dad n he cut me off

social worker says hell set up visits then avoids me what can i do

Kimberly Erwin
Kimberly Erwin answered on Sep 12, 2021

While it depends on how your case was closed and what local practice customs suggest, I recommend keeping a log of your attempts to see the children and your attempts to set up visits via the case worker. After documenting several of these attempts, talk to a lawyer about filing a motion to get a... Read more »

1 Answer | Asked in Child Custody for California on
Q: What can I do about harrassment by my childs father who is messaging me things puroposely to cause me anxiety

He and his girlfriend are playing games in messages making me ouot to be the non cooperative parent, when in all reality it is the oopposite. I asked him 2 months ago for insurance info so I could try to find a counselor for our 8 year old daughter and he would not respond up until last week. and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Sorry to hear you are experiencing these problems. You can obtain a Civil Harassment restraining order by applying to the court for one. Most of these are done by people without attorneys, but it really helps to have one.

1 Answer | Asked in Child Custody and Family Law for California on
Q: I’m 17 and want to move out I have a steady job, good grades, and a place to stay. Can my mom legally force me to stay?

Im going to be 17 in 9 months, but I’d like to leave my home now. I would have a steady place to live and a full way of getting to school. Is there any legal way my mom can force me back if I runaway without her knowing?

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Yes, you can be forced back, unless you are a legally emancipated minor. There are forms on the Court website and information online on how to do this. I suggest you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Child Custody for California on
Q: I need to know what papers i need to download and print so i can respond to a child custody case
Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Go to the website for the court in which the case is pending. There will be a place for you to find "forms" which you can search for the kind of form you are looking for. Family Law is a very complex area, I would suggest you should contact a local attorney to discuss your personal situation.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: I’m a single unwed mother of a 10month infant. What rights do I have if my sons father is taking me to court for 50/50

Me and my son reside in riverside county and I work from home and have had him since birth. His father resides in la county and works full time and is barely home. Hardly sees his son only recently started after filing paperwork to take me to court .he wants to circumcise my son who is 10 months... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2021

Retain legal counsel. You need to make the right arguments, properly submit your evidence and properly cite the law in responding to the father's requests. A 50/50 schedule between two counties for a 10 month old is unlikely going to be seen by the judge as in the child's best interests.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: How do I get full custody of my child?

I am the biological mother and allowed someone who is not the biological father sign my child birth certificate. And I want them off

Dale S. Gribow
Dale S. Gribow answered on Sep 3, 2021

I THINK THIS IS BETTER ASKED OF FAMILY LAW ATTORNEYS, NOT CRIMINAL.

IF HE AGREES TO TAKE HIS NAME OFF, MAKE AN APPT WITH A LOCAL LAWYER WHO HANDLES CASES LIKE THIS TO SEE WHAT HE WOULD CHARGE TO ADD TO THE CALENDAR AND PREPARE THE MOVING PAPERS TO ACHIEVE WHAT YOU WANT.

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