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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can a 13-year-old girl choose for her father to have full custody?

mom does not abuse and is a stay-at-home mom ( in California)

Gregory Boles
Gregory Boles
answered on Jan 23, 2023

Depends on State

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: if i get served a demands for inspection through email from her lawyer, my sons mother, that has not been filed with the

There is a paternity test court hearing coming up on the 30th, i was also served a demands for inspection of documents for a child support judgment. Do i need to respond and give them 3 years of all my info, when the child might not even be mine? The response for the demands are due one week before... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 19, 2023

It’s not supposed to be filed with the court. Respond to it.

1 Answer | Asked in Child Custody for California on
Q: For a change of address and a family case for custody what is the procedure to contact everyone?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 18, 2023

There is a Judicial Council form you can use for that purpose. MC-040 You can find it on and download it from the Superior Court website.

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for California on
Q: Can i sue the sheriff dept. if im there to pick up my child without my id but my info and picture are in their data base

The mother of my kids got arrested with her 14 year old runaway from group home and my 2 year old with no car seat. The car was a rental and she hadn't returned the car. She got arrested for embezzlement. I arrived at the scene about 10 after. The cops were still trying to figure out what was... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Jan 16, 2023

YOU CAN ALWAYS SUE ANYONE FOR ANYTHING...........

THE REAL QUESTION IS CAN YOU AFFORD IT, AND WILL YOU WIN?

I DOUBT IF A LAWYER WOULD TAKE THIS CASE ON A CONTINGENCY

AS A RULE, THE PARTY WITH THE MOST MONEY HAS THE ADVANTAGE AS THEY CAN PAPER THE OTHER SIDE WITH SO MANY...
Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: need to find a pro bono attorney to resolve issues re: violations of divorce agreement agreement

A divorced woman with children & shared custody has not worked during COVID and needs to find a pro bono attorney for LA County to resolve issues re: divorce/custody agreement.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 12, 2023

Try Harriett Buhai Center for Family Law; Legal Aid Foundation of Los Angeles; or Levitt & Quinn

1 Answer | Asked in Child Custody and Family Law for California on
Q: I live in texas but i have a custody agreement in hemet ca. What state do i file a new custody order in. texas or ca?

The father of my kids alienates them from me, does not let me speak to them, or have them for school vacation times or holidays. Hes emotionally and mentally abusing my children. To the point my oldest is close to having a mental breakdown. How do i go about getting my kids in my custody? And... Read more »

John Michael Frick
John Michael Frick
answered on Jan 10, 2023

Under the Uniform Child Custody Jurisdiction Act, you should file in a court with jurisdiction over family law matters in the “home state” of the child. In most situations, the “home state” is the state where the child has primarily resided during the past six months.

If the child...
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1 Answer | Asked in Child Custody and Family Law for California on
Q: In a custody battle, My findings and orders after hearings paper was not signed by a judge. Is this order enforceable?

The judge gave custody to the other parent. But when I got the paperwork back, I had a minute order form, but not any signatures from the judge on anything. Is this ruling effective or do I still have custody of my daughter?

Eliza Jasinska
Eliza Jasinska
answered on Jan 3, 2023

Please consult with the family law attorney. Family Code section 3022 requires that upon either party's request in a contested child custody proceeding, the court shall issue a statement of decision explaining the factual and legal basis for its determination. If your minute order expressly... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: This is about family law… my parents are divorced and I am 17 years of age, I live with my mom but I want to leave at 18

She doesn’t want me to leave at 18 and she went to court today to try to get custody of me until I’m 19 can this happened?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jan 3, 2023

No. Once you are 18, you are an adult and free to live wherever you want. If she were to seek a modification of existing custody orders, she would need to file a motion and serve the other parent. Although, I cannot imagine on what grounds such a request would be granted. What she may be trying... Read more »

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Domestic Violence for California on
Q: What type of attorney that can help me against an filing clerk at the courthouse for negligent falsifying documentation

She removed very important documents from my DV RESTRAINING order & my request to modify existing custody and visitation order in place. I believe this is a federal crime done against me. I'm seriously tired of being bullied & picked on & not treated equally fair. I've been... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Dec 29, 2022

more info is needed...

a criminal lawyer if it is a criminal restraining order, rather than a divorce R.O. and then Family Law Atty.

if you are going to try to sue someone, you need a civil litigator, and they would normally only take the case on an hourly.............not a...
Read more »

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: How do I transfer my child support case out of CA?

My child support case was originally established in CA, I have moved to FL and was told I need to have CA release the case so that FL can accept it. However, no one can tell me how to do that or what forms I need to fill out. Someone please help me.

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

I'm assuming you are the same person who asked this same question regarding your custody case. Unfortunately, the answer is not the same with respect to your child support case. Once acquired in a proceeding where child support is in issue, California superior court jurisdiction over child... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: How do I transfer my custody case from California to Florida?

My case was originally established in CA but I have now moved to FL and from what I am told need to have the case released from CA so that FL can accept it but no one will tell me how to do that, and I have searched CA court forms and I cannot find anything to transfer out of state, just to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 27, 2022

This is done by noticed motion. Meaning, you would need to file a Request for Order [form FL300] for change of venue. You file that motion in the jurisdiction where your case is currently. You provide the current court with information regarding where the case will be transferred if the motion... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: Is the mother of my child allowed to keep her away from me because she “needs time to heal”?

I haven’t seen my daughter in almost two months. The mother came to my house when my current girlfriend was present and caused a scene being violent and disturbing the peace. She hasn’t let me see my daughter since and refuses to work out a plan of visitation because she doesn’t want my... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 20, 2022

Not much you can do without court orders. I'm assuming you have not filed a petition to establish the parental relationship (aka paternity), or a petition for custody orders? If you want something you can enforce, i.e. custody and visitation orders, you have to ask for them. You have to... Read more »

1 Answer | Asked in Child Custody for California on
Q: Do grandparents have custody rights first over non family member.?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Dec 16, 2022

Need some kind of context here. Grandparents can seek visitation rights. But, it sounds like what you are asking about is guardianship; not custody or visitation. You should consult with an attorney directly and clarify your inquiry.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Ex husband has not seen our child in a year . He claims I won't allow him to see our child

He has not tried to arrange any visits . Our visitation order was from when child was a toddler so the visit hours are doing school time . I offered different hours but he does not show up . He also doesn't call him and doesn't check up on him. What should I do ?

Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 20, 2022

Why do you need to do anything? You have court orders and he doesn’t comply or try to accommodate your child’s changing schedule. Is there a motion or hearing pending? You could file a motion to modify the existing orders on the grounds that the previous orders are now outdated and do not... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How do I take full custody as a single mother the sperm donor bailed on my daughter last year in August.

He abandoned my daughter last year in August and I need

Help

James R. Dickinson
James R. Dickinson
answered on Nov 18, 2022

If you're referring to the father of the child as a "sperm donor," then you need to stop that for the sake of the child if nothing else. Speak with a local attorney regarding filing a parentage action. [I litigate cases. Anything posted here must not be construed as legal advice, nor... Read more »

2 Answers | Asked in Child Custody, Legal Malpractice and Juvenile Law for California on
Q: Can a lawyer submit legal doc.s in 1 county superior court but label them under a different county superior court

example a lawyer representing a client in Riverside county and case being heard from Riverside county courts submit in documents that get accepted by Riverside county courts clerks office than files legal documents even though the acting lawyer has labeled this documents Los Angeles superior courts... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2022

This error could be malpractice if harm was caused.

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2 Answers | Asked in Child Custody for California on
Q: What forms do I need to request a new order for custody and visitation
Tobie Brina Waxman
Tobie Brina Waxman
answered on Nov 14, 2022

To modify existing court orders or to obtain new orders, you would file a Request for Order (form FL300). The FL300 would be supported by a declaration (not a form) and assuming the modification you seek will impact child support, you will also need to fill out and file and serve a new Income... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What is the procedure will be like after I filed a motion to modify existing orders to include a "move away" order?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Oct 28, 2022

Not enough information. Impossible to predict the outcome of your case. In most cases when someone files a Request for Order to modify a custody order so that a parent can move away with the child, the court will order a custody evaluation. Move away requests are not DIY projects. It's a... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hi, How can I change my current custody order?

I have my son's full legal and physical custody since April 2021. The father doesn't need to pay child support or any money. On the court paper it states I need the father's permission to move out of San Diego or travel to overseas. The father only visited my son once since April... Read more »

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

It's unclear why you would need his permission if you have "full legal custody". If there is a court order that says that, then you would need to file a motion to modify existing orders to include a "move away" order. The name change is a separate issue and would be handled differently.

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is there something I can do to move forward with my daughters? Am I able to attend games and graduations?

My ex and I have been in a nasty custody battle for the last 8 years. She has accused me of everything from not feeding my daughters to sexual abuse. All unfounded and untrue. Because I did not have a lawyer and she did, the Judge ordered that I was not to contact my daughters except through... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Oct 17, 2022

Please contact a family law attorney to review your custody agreement.

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