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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Ex parte or domestic violence restraining order. Which route to take to get her kicked out of the house and custody.

In two different domestic violence incidents where police were called and she was arrested on both occasions. She is currently in jail. She caused harm to our child and I on both occasions, and is charged with multiple felonies. Im looking for the best route to take to get a kick out order and... View More

James L. Arrasmith
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answered on Apr 15, 2024

Domestic violence and child welfare are very serious issues that require thoughtful, trauma-informed approaches focused on safety and wellbeing for all involved, especially the child.

In a situation involving alleged domestic violence and arrests, the appropriate first steps would be:...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

Robert Kane
Robert Kane
answered on Apr 15, 2024

The best interest of the child is all that matters. Your concern is valid, but it's impossible to advise you. I apologize if this seems rude, but I mean to help. I seriously doubt you (representing yourself) can successfully convince the prosecutor to dismiss (or reduce) the felonies to meet... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: My baby momma was charged with 3 felonies for domestic violence if I call to drop charges does that hurt my custody case

My 5 month olds mother had been charged with 3 felonies and a misdemeanor for domestic violence on myself and son. I wanted to get an emergency hearing to get a kick out order for her to move out of my house and to get full custody of my son in the meantime. Her court date is tomorrow and I don’t... View More

James L. Arrasmith
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answered on Apr 14, 2024

I understand this is a very difficult and complex situation. In general, requesting leniency or dropping charges in a domestic violence case should not directly hurt your custody case. The family court will make custody decisions based on the best interests of the child. However, there are a few... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: My ex wants to move my son to a new high school.

My ex suddenly moved and wants to also move my son to a new high school. There’s only 2 months left in the school year and I don’t think it’s in our son’s best interest to move him. In addition my ex’s living situation is not a permanent one so he asked if he could use one of my utility... View More

James L. Arrasmith
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answered on Apr 11, 2024

Under California law, both parents have the right to make educational decisions for their child, including the choice of school, if they share joint legal custody. If your custody agreement states that you have joint legal custody, you should have an equal say in decisions about your son's... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

James L. Arrasmith
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answered on Apr 10, 2024

In California, when unmarried parents separate and want to establish a 50/50 custody arrangement, there are several steps you can take to protect your rights and ensure the best interests of your children:

1. Establish paternity: If you haven't already done so, legally establish...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: If my girlfriend and me are splitting up but have two kids. What steps should I take to go about a 50/50?

I don't want to get stuck with paying child support. I want to take care of my kids.

Robert Kane
Robert Kane
answered on Apr 10, 2024

The are numerous factors that will determine what is in the children’s best interest and the child support obligations. Coming to an agreement with the other parent will more likely produce the situation you describe, but I don't know your specific circumstances. Obviously, an attorney would... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

James L. Arrasmith
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answered on Apr 6, 2024

As someone who is representing themselves in a child support hearing in California, it's important to be well-prepared and understand your rights. Here are some steps you can take:

1. Familiarize yourself with the FL-300 form and the purpose of the hearing. The FL-300 is a request for...
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2 Answers | Asked in Child Custody, Child Support and Family Law for California on
Q: I need advice regarding a CHild support hearing based on FL-300 I filed.

I live here in Santa ROsa and case is in Alameda County. My ex filed a late response to the FL-300...I have not received the mailed service of his response...i looked up what he filed with the court on 4/4. I have no attorney because of finances so am very anxious as this was/is an emotionally... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Apr 6, 2024

It's not clear what you are asking. 1) you can object to the response as untimely; 2) you can object to the response as you have not been served with it (??). As far as the advice you are seeking, it's not clear what you want to know. Child support orders will be based on the... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Low income in need of a family law lawyer.

I’m in search of a low income lawyer that’s able to help with my divorce along with child support. It’s been an ongoing battle for almost 4 hrs and my ex recently got a lawyer and I’m scared that he will take the kids away since I’m proper and he has a lawyer. Any recommendations or any... View More

James L. Arrasmith
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answered on Apr 3, 2024

I understand your situation and the stress you must be going through. Here are some resources and options you can consider in California:

1. Family Law Facilitators: Each county in California has a Family Law Facilitator's office that provides free legal assistance to individuals who...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for California on
Q: Can my oldest daughter get my 14 year old taken away for dating a sex offender?

My boyfriend lives in FL, my kids and I are in CA. We went to court in FL and the judge, therapist, and probation officer signed off on my 14 year old meeting my boyfriend. He is no risk to children. My 24 year old has threatened to call social services and have my child taken from me. Does she... View More

James L. Arrasmith
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answered on Apr 2, 2024

Cases involving minors, sex offenses, and custody are very complex legal matters.

That said, in general, if someone has reason to believe a child is being abused or neglected, they can report those concerns to child protective services, who will then investigate. Dating a registered sex...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Is it worth getting a lawyer for in contempt trial? The ex wife didn't let my husband have visitation for 3 of his times

The ex wife claims she took kids out of town but we found out afterwards that they stayed and went to school and daycare. She is pleading not guilty and we are set to go to trial. I spoke to one attorney who said most just get a slap on the wrist for this

James L. Arrasmith
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answered on Apr 1, 2024

In California, contempt of court in family law matters, such as denying visitation rights, is taken seriously. While the consequences may vary depending on the specific circumstances and the court's discretion, it is generally advisable to have legal representation for a contempt trial.... View More

2 Answers | Asked in Child Custody and Family Law for California on
Q: Can I get custody of my 13 & 17 yr old?My moms had custody for 10 yrs?She already leaves him for months at a time w/ me
James L. Arrasmith
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answered on Mar 31, 2024

Under California law, custody decisions are made based on the best interests of the children. Several factors are considered when determining custody arrangements:

1. The age and health of the children

2. The emotional ties between the children and each parent

3. The ability...
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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for California on
Q: Can You File a Sanction Against an Attorney for Misrepresenting Court Orders?

Today, during my scheduled weekend parenting time, my ex failed to bring our child for the exchange, and I waited for over an hour. When I contacted Ex's attorney, provided by a non-profit organization, I was told via email to go home because "The Court already told you that you have the... View More

James L. Arrasmith
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answered on Mar 29, 2024

In California, you have the right to seek legal recourse if an attorney has misrepresented court orders, especially in matters as sensitive as parenting time. Filing a Request for Order (RFO) for sanctions against the attorney could be a valid approach if their actions have obstructed justice or... View More

1 Answer | Asked in Criminal Law, Family Law and Child Custody for California on
Q: I need help about a raid on my house

If someone staying at my home got our house raided and only their name was on the warrant can they charge me for drugs found in my room even if I had no knowledge of them being there? And can the police make me perjure myself into lying that I know who the drugs belong to so I don't go to jail... View More

James L. Arrasmith
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answered on Mar 29, 2024

In California, if a search warrant leads to the discovery of illegal substances in your home, the situation can become complicated, especially if the substances were found in a space attributed to you. Even if the warrant was for someone else, law enforcement may try to charge occupants of the... View More

1 Answer | Asked in Family Law and Child Custody for California on
Q: If my husband is not on birth certificate is he able to get granted a ex parte custody of our child?

I have full custody of my child and he went to court made up lies about me and got granted emergency custody of my daughter

James L. Arrasmith
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answered on Mar 28, 2024

Under California law, even if a father is not listed on the birth certificate, he can still seek custody rights through the court system. The process typically involves establishing paternity first, which can be done through a court order or by signing a voluntary declaration of paternity. Once... View More

1 Answer | Asked in Child Custody, Family Law and Divorce for California on
Q: Therapy for the kids while dealing with divorce

Father asked if I was okay with the kids getting therapy and I’m all for it since I believe they can benefit from it but I told him that I want the kids to individually have their own therapy without him being present so they feel comfortable expressing themselves. Obviously Father didn’t agree... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, both parents generally have the right to be involved in their children’s health care decisions, including therapy, if they share legal custody. However, the court always considers what is in the best interests of the children. If you believe that the father’s presence in... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

Robert Martin Daniels
Robert Martin Daniels
answered on Mar 26, 2024

If Father does not exercise the visitation he was granted, the Court can take it away. However, the court will go out of its way to do whatever it can to facilitate contact between Father and your son, unless there are some unusual circumstances (for example, abuse).

Child support is...
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2 Answers | Asked in Family Law, Child Custody and Child Support for California on
Q: Is it possible for my son’s father to get visitations removed?

I have full custody of my 7 year old son. Father has visitation Saturday and Sunday from 9am-12pm, mother is third party since there is a restraining order against him. Father tried modifying court orders that were established in 2020 in 2023 yet got denied. Now since June of 2023 the judge kept... View More

James L. Arrasmith
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answered on Mar 26, 2024

Under California law, child support and visitation rights are treated as separate issues. This means that even if the father is not paying child support, it does not automatically eliminate his right to visitation. However, his failure to utilize the court-ordered visitation times could be a factor... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

James L. Arrasmith
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answered on Mar 25, 2024

Under California law, a Request for Order (RFO) for a change of venue is permissible but not always granted. Courts generally consider such requests if there is a significant reason related to the convenience of parties, witnesses, or the interests of justice. In family law cases, the primary... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My Ex filed "RFO Change of Venue" within LA County (Torrance to Van Nuys Court)

I currently reside in Torrance, while my wife lives in North LA. She has filed RFO for a Change of Venue, which seems to be a tactic to delay the court’s decision on custody. I’ve noticed that according to LA Local Rules, a case can be transferred for the convenience of witnesses or to promote... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Mar 26, 2024

She either meets her evidentiary burden in her motion or she does not. If you do not believe the motion has merit or there is a valid evidentiary basis for changing venue, you can say so in your responsive declaration. "Is it common" ?? All cases are different.

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