Lawyers, Answer Questions  & Get Points Log In
California Child Custody Questions & Answers
1 Answer | Asked in Child Custody for California on
Q: Can my friend do anything to get out of custody of her father?

My friend has a mentally abusive father. He screams at her for really small things for a long time now. He cusses and screams and it has taken a toll on my friends mental health. She has considered going to court with her mom to get out of custody from him but they’re scared to lose, or if they... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 23, 2020

There is a procedure called the emancipation of a minor that would exclude her father from further duties/privileges in raising her. Sounds like she really needs to contact a Family Law Attorney that handles Child custody matters for a full consultation.

Justia disclaimers below,...
Read more »

1 Answer | Asked in Child Custody, Family Law and Criminal Law for California on
Q: Approximately how much time will my babies dad have to do and is he at risk for losing custody?

My babies dad has been arrested and sentenced about 4 times for breaking a no contact restraining order, which then was modified to peaceful contact for visitations after our dcf case was open. A week ago my mom made an incident report because she saw him outside my bedroom window. He did it again... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 22, 2020

much more info needed.

it depends on a number of factors; his record, who the DA is and who the judge is etc.

this is a question that should be asked of his lawyer by him...........

if you are looking for him to do a lot of time, then maybe pose the question to the DA's office.

1 Answer | Asked in Domestic Violence, Child Custody and Child Support for California on
Q: We’re can I find pro bono attorney I all ready got restraining order but regardless courts allowing baby daddy rights

Although federal courts agree he’s a risk to our daughter but now I have to battle custody wen he’s a stranger to my daughter

Dale S. Gribow
Dale S. Gribow answered on Sep 20, 2020

MORE INFO NEEDED

CONTACT LEGAL AID IN YOUR CITY.

I WOULD ENCOURAGE YOU TO WRITE OUT A DETAILED SUMMARY OF THE FACTS AS "FREE LAWYERS" DON'T ALWAYS HAVE A LOT OF TIME. BY WRITING THINGS OUT THE LAWYER DOESN'T HAVE TO PLAY SECRETARY.

I SUSPECT YOU MAY HAVE...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Child custody/support and relocation

My job is relocating me out of California and my ex wants to move to the same state so the kids don't have to travel for visitation. We have joint custody. Is the child custody and support order issued originally in California still in effect if both parents no longer live there? Would an... Read more »

Shawna Murray
Shawna Murray answered on Sep 18, 2020

Yes, the child custody agreement is still in effect even if you both move out of California. You can and probably should register the California child custody agreement in the new state's court system. I recommend that you consult with an attorney in the state where you have relocated to get... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: I am the custodial parent. And have 60/40 custody of our son who is 7- my ex did not drop him off saturday 10amstillgone

I am bipolar and have cried in front of my son a couple times and diagnosed epilepsy last year. Can he take. My son away ? He stated he will not bring my son back if my current bf is there. He is slated to go to rehab next week - bf Dow's not live w me nor is he violent. Is this legal?

Shawna Murray
Shawna Murray answered on Sep 17, 2020

I am sorry this is happening to you. If you have a court order for child custody, then the father must give your child back to you during your court-ordered custodial time. He cannot just keep your child during your time unless you agreed to it. You should consult with a local family law attorney... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: Can a divorce attorney be hired only to represent you at a MSC
Shawna Murray
Shawna Murray answered on Sep 10, 2020

Yes, you can hire an attorney to represent you for just one hearing. It is called "limited representation." You can Google that term and/or "unbundled attorney" to find lawyers who do this.

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: In the process of divorce, been living as married since 1998, married in 2012,will that be considered in dividing assest

have two children and also we purchased a house only in his name due to credit scores before marriage but while cohabitation, it was purchased 8 months before marriage. Will I be granted anything from that property, he has a attorney but I don't, I have been a homemaker since my first son was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Good family law question, happens all the time. If he has an attorney, you need to have one, also, or you are going to a gunfight with a slingshot. Contact a local family law attorney, or find one here on Justia. Contact your local bar association for some possible recommendations. You probably... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Shouldnt allegations be proven?
Maurice Mandel II
Maurice Mandel II answered on Sep 10, 2020

Yes, allegations should be capable of proof. But people can allege a lot of things that end up being unproven. Some politicians allege that they are the smartest people in the world, but that has yet to be proven.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Child Custody for California on
Q: If I have 50% custody of my child can my significant other keep her away from me and in hiding
Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 10, 2020

Of course not. If you had even 1% custody of your child it would not be appropriate for the other parent to keep the child from you or to hide her.

2 Answers | Asked in Child Custody, Child Support and Divorce for California on
Q: My ex wife is pregnant, and she just moved back to GA from CA without my consent, I want to file for divorce

But she isn’t due until thanksgiving, how do I go about getting the process started? I make roughly 130k annually, what will I be expecting for child support?

Tobie Brina Waxman
Tobie Brina Waxman answered on Sep 9, 2020

1) she does not need your consent to move to GA; 2) not enough information here to predict for you what you will be required to pay in support. The calculation takes into account both parties' income and the percentage of time each party has custody of the child. You can proceed with filing... Read more »

View More Answers

3 Answers | Asked in Bankruptcy, Family Law, Banking and Child Custody for California on
Q: My sister forged my signiture on power of attorney papers
Timothy Denison
Timothy Denison answered on Sep 7, 2020

What is your question.

View More Answers

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have a question about spousal support and child custody.

Married 18 years, with three girls age 17, 15 and 10. I net $8000 per month, have worked as a civil servant in the U.S. defense industry for almost 40 years. My wife works part time but started that years ago when our girls were small. No need anymore since they are older. She still refuses to go... Read more »

Shawna Murray
Shawna Murray answered on Sep 1, 2020

It sounds like the initial ask is for temporary spousal support, which is often calculated by inputting the couple's income into one of two computer programs called "Dissomater" or "Xspouse." Most attorney's pay for a license to use this program and can give you a... Read more »

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: Should I keep trying to find a decent lawyer, or give up and represent myself?

I recently filed a restraining order against my now ex for domestic violence and our court date is coming quickly. I've been scouring for what feels like ages looking for representation and coming up short. I have footage from our security cameras of the recent abuse (cops took a clip of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 30, 2020

Try Riverside county too, there are a lot of good practitioners there. It is better if you have an attorney to speak for you, because you will be emotionally invested in the proceeding and may not make the best impression on the judge. The attorney will help you to organize the presentation so... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for California on
Q: So I’m getting kicked out from my moms house and I have the choice to go with my dad but there isn’t no rooms availa

So I’m getting kicked out from my moms house and I have the choice to go with my dad but there isn’t no rooms available but my friend did offer me a place to stay until my dad fixes the room since he rents them but my moms is saying I can’t do that and she will call me as a run away and I’m... Read more »

Shawna Murray
Shawna Murray answered on Aug 26, 2020

While you didn't mention your age but it sounds like you might be a minor. Parents have a legal obligation to provide for their children until 18. You may want to go to or to call your school tomorrow and speak them about what is happening. They see these types of situations regularly and... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: Hello I was granted a emergency leave the state custody order from California, I established residency for me and my 2

Kids this was happening during covid and I had advocates that was informing me they would step in due to a restraining order never did..I live in arizona and missed court dates I was not informed of now my ex who is a 15 year violent career criminal has 2 strikes and has 4 page felony rap sheet... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 26, 2020

MUCH MORE INFO NEEDED

YOU NEED TO CONSULT WITH A CRIMINAL LAWYER IN CALIF IF THAT IS WHERE THE CASE IS PENDING.

THERE WOULD BE A BENCH WARRANT OUT FOR YOUR ARREST IF YOU FAILED TO APPEAR.

DO NOT JUST SURRENDER YOURSELF WITHOUT USING A LAWYER.

BE CAREFUL DISCUSSING...
Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: I have a divorce case, I want to file Spousal as well, what form do I need to fill out? Does mental abuse play a part?

I previously had a dcfs case and I didn't get physical custody, and I was only given joint custody, and supervised visits once a week for 4 hours. I wanted to modify that since I didn't have anyone truly fight my case. I want to modify my child custody and also issue a spousal support... Read more »

Sandy Lynne Meade
Sandy Lynne Meade answered on Aug 25, 2020

You will need to file a Request for Order(whichis a motion) for modification of child custody, visitation and support since dcsf had an open case you csn try to file there but they may send you to family court to file a separate notion or new action in fanily court (counties vary on this issue)... Read more »

2 Answers | Asked in Child Custody and DUI / DWI for California on
Q: My ex got a DUI with my child in the car. Will I be affected My custody?

My child isn’t his child. But he is Raising him as so. He is not adopted. So legally, my child is nothing to my ex.

Dale S. Gribow
Dale S. Gribow answered on Aug 20, 2020

MORE INFO NEEDED.

DEPENDING ON THE FACTS, THEY MAY ARGUE NEGLIGENCE ON YOUR PART FOR ENTRUSTING YOUR CHILD WITH HIM.

HE WILL BE FACING MORE THAN A REGULAR DUI B/C OF THE CHILD IN THE CAR..........TELL HIM TO GET A LOCAL LAWYER ASAP

View More Answers

1 Answer | Asked in Child Custody for California on
Q: Is my old custody agreement still valid?

I divorced my ex-wife and we came to a custody agreement which we followed until we got back together. We never got remarried and were only living together and dating. I also had another child with her after the old custody agreement so I know he's not covered by it.

Things aren't... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Aug 20, 2020

What kind of an agreement are you talking about? Was this a stipulated court order, or just an informal agreement between the two of you. If it was not made into a court order or judgment it was never enforceable to begin with and is not enforceable now. If you want something enforceable, you... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Identity Theft for California on
Q: I found out my ex-husband is using his girlfriend to write letters in my name regarding our children.

My ex-husband is using his girlfriend to write letters in my name regarding our children. I have a protection order against my ex-husband. What can I do?

I only know because my ex-husband never logged out of my laptop and a notification came up from his email.

What do I do? I... Read more »

Dale S. Gribow
Dale S. Gribow answered on Aug 19, 2020

MORE INFO NEEDED

IF YOU HAVE A LAWYER POST THIS TO HIM/HER.

MAYBE A RESTRAINING ORDER AGAINST HER?

1 Answer | Asked in Family Law and Child Custody for California on
Q: Is there a list of pro bono child custody family law attorneys in the Southetn California area?
Shawna Murray
Shawna Murray answered on Aug 15, 2020

You could try asking your local Legal Aid office if they can assist you or if they have a list. Possibly, the local county Bar Association could help point you in the right direction. If you have to represent yourself, the court should have a help desk that offers assistance with completing forms.

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.