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California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Probate for California on
Q: Is a guardianship of my son valid if I (biological mother) was never notified of a court hearing? Tricked by CPS!!!

Bullied by cps to sign temp guardianship to my ex mother in law over DV where I'm the victim. Permanent ruling without my knowledge and NO VISITATION. I was a damn good mother, but CPS refused to speak to me or even look at documented proof on my behalf. No drug test given and not abusive to my... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 30, 2020

see the local probate court facilitator

1 Answer | Asked in Family Law and Child Custody for California on
Q: What form do I file to change visits

My daughter has supervised visitation three times a week with father and Butte county The virus has been confirmed twice she is known for febrile seizures I have a note from doctor stating to stay out of Butte county I am in Glenn county how do I change the order with the court to allow the visits... Read more »

Mike Darlington
Mike Darlington answered on Mar 23, 2020

You would have to file an FL-300, and probably a request for emergency orders. You would need to file those in the court where the custody order is located. Either get represntation or call the court first as each court is upside down right now because of the corona virus.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for California on
Q: I have my abusive boyfriends daughter who is 15 he refuses any responsibilities as a parent no support and always drunk

Is there any way I can get rights for her she need medical and dental care and insurance i cant do anything for this child

Mike Darlington
Mike Darlington answered on Mar 22, 2020

You can file for guardianship of the child. You will have to convince the court that it is a detriment to the child to stay with the father. I am assuming you no longer live together.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for California on
Q: Do you deal with CPS cases because this stupid app won’t let me ask my question

My grandson was injured while visiting family on his father side and being left in the care of his other grandmother while my daughter napped in the same house confident in the fact that she did not create this injury my daughter voluntarily took a lie detector test which she failed because she... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 21, 2020

more info needed and more clearly explained

however, i don't deal with CPS which is normally more family law-oriented.

1 Answer | Asked in Family Law and Child Custody for California on
Q: My ex and I have a court order custody/visitation schedule. His weekend is this weekend coming up. We split her holidays

Since this national emergency because of coronavirus the schools are now out until the end of the month maybe more. Do I have 2 let her go for this hole week? Even though this is not a scheduled time off of school? I am home and she doesn't want 2 go

Mike Darlington
Mike Darlington answered on Mar 16, 2020

This question is coming up a lot and there is no black and white answer since it is a new situation.

I feel like the courts would enforce the timeshare as if the child was still in school and not counting the closure as a holiday or vacation schedule applies.

But that is just my...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: My 13 y/o son wants to move in with his dad but my 7 y/o wants to stay with me. I have full custody

The dad hasn't had any communication with the kids for 4 years and hasn’t paid a penny in child support and I don't want him to pay because all he does is give me grief. My son is very rebellious and all he says is he hates me and wants to live with his biological father. Is it possible for my... Read more »

Mike Darlington
Mike Darlington answered on Mar 14, 2020

You have so many issues here that this is almost impossible to respond to through this medium. My first recommendation is to sit down with a local family law attorney that does a lot of custody issues in your area. You really need an expert's analysis of your specific problem.

As to your...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: Minors Council Scope - Minor council (MC) stated to judge children are bonded and remain with me - What should I file?

Its been 9 months since I have seen or heard from my children. Im complying with the court order but father states different stories each time visits are missed. I have monitored visits as my ex husband uses my past criminal history and past DV when I report the concerns of him hurting our... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 11, 2020

YOU NEED TO ASK THIS OF A DIVORCE/FAMILY LAW ATTORNEY.

I HANDLE ACCIDENTS AND DRUNK DRIVING

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: My husband's 16yr old decided she would like to live with her mother full time. Can his ex get more child support?

There are no rules at her mother's compared to our structured home. Her mother has bad-mouthed my husband since his daughter was 6 yrs old. Now, the daughter has this "Eff-U" attitude towards her father. The reason for her decision to stay at her mom's was that she was happier there. Of course,... Read more »

Mike Darlington
Mike Darlington answered on Mar 9, 2020

She will certainly have the right to request more support. I do not have any financial information that would allow me to indicate whether she would be successful or not, but considering he is already paying support it would seem likely.

The courts do not look into the reason why she wants...
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1 Answer | Asked in Family Law, Child Custody and Civil Rights for California on
Q: Im married, What rights do I have to travel with my daughter out of state?

I live in California and I would like to attend a funeral in Oregon with my daughter. My husband hates my family and has threatened to call 911 and claim I kidnapped our daughter if I attempt to take her out of state. I'm wondering what rights I have to travel with her and/or what actions I can... Read more »

Ethan M. Weisinger
Ethan M. Weisinger answered on Mar 4, 2020

Absent a court order, you are permitted to travel with your children freely, without any restriction. As a parent of your children, you have authority to travel with them, unless a court imposes restrictions on your ability to travel. If your spouse calls the police on you, tell the police that... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What can I do???

About 4 years ago she abandoned our home left with other man.the kids stayed with me.few months after she left I got a restraining order cause she came and broke my front window of house In front of kids.i filed for child support like 2 years after she left and I've received about maybe $1000 total... Read more »

Stephen Peter Anderson
Stephen Peter Anderson answered on Mar 3, 2020

You have a lot of serious issues that shouldn't be simply addressed in a quick email. Please make an appointment to see an attorney, or set one with a family law facilitator in your local county at the court.

2 Answers | Asked in Child Custody and Family Law for California on
Q: Hello, I wanted to know if Intend to get custody of a sibling, does it have to been done through courts?

This is not a custody battle. My mom (in California) is of older age and she wants me to take my brother to live with me In Colorado so it can be easier on her. We both are in agreement. However, for purposes such as school enrollment and health care, does this have to be done through courts or can... Read more »

Mike Darlington
Mike Darlington answered on Mar 3, 2020

What you probably want to do is get a guardianship so everything is legal. However, that raises several issues. First, will the biological father consent?

Additionally, the California courts can only grant a conditional guardianship since you intend to move the child out-of-state and you...
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1 Answer | Asked in Animal / Dog Law and Child Custody for California on
Q: my former roommates stole 2/3 of my cats while I was not home. what do I do?

on all of the cats microchipping, vaccinations, neuter, I am the owner listed, not them. the day I came to move my things out of the home, they took the cats before I could do anything even though they are not the owners. no written agreement about what happens to the cats when one of us moves out.... Read more »

William John Light
William John Light answered on Mar 2, 2020

Call the police. Sue in Small claims Court.

1 Answer | Asked in Child Custody and DUI / DWI for California on
Q: My ex and i have custody of our daughther? Out the blue he changes her schools and lies and states she lives with him .

He serves me paperwork for court

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

more info needed.

you need to contact your family law attorney asap to present your position and submit a declaration countering your ex.......

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I been with my husband for 8 years unmarried and 7 months married. We have one 7 year old child together. What are my

Options? He sleeps on the couch and there is minimal conversation. I moved into his house 7 years ago as his child’s mother..He works full time and I work part time during child’s school hours and a full time PHD student,( I’m paying for my own education)so I can pick up child. Husband... Read more »

Mike Darlington
Mike Darlington answered on Feb 17, 2020

Immediately get a consultation with an experienced family law attorney! There are a lot of issues you need to discuss in person with a professional. That is not a discussion that can be had in this type of venue because it will involve a lot of background information before you can be given any... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for California on
Q: Can a 13 year old deny going with her parent when the other parent allowed for staying at a friend's house?
Mike Darlington
Mike Darlington answered on Feb 17, 2020

Your question is a little confusing. I think you are asking if a 13 year old has an option of not going on visitation if the other parent has scheduled another activity she would like better.

The simple answer to that is, "no, they do not." Unless there is some kind of provision in the...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: As the custodial parent can I deny a supervised visit to be conducted at my sons fathers house?

My sons a father was granted supervised visits they have taken place at a public location but now he and the supervisor are trying to change the visits to be conducted at his house. Because of past incidents where his fiancé, her mother, and my sons father have put our son in harms way I am not... Read more »

Mike Darlington
Mike Darlington answered on Feb 9, 2020

Your right to make decisions regarding the terms of the supervised visitation; such as location, times, supervisor etc. are all governed by the terms of the custody order. You would have to read your custody orders to determine what options you have, or do not have.

If they do not cover...
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1 Answer | Asked in Child Custody for California on
Q: I have a opening child custody case approaching do not have court date as of yet I am seeking 50-50 joint

Physical custodyHope to get soul custody of three-year-old son she has been with holding him from me for seven months I feel this is unfair even though I pay child support

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 6, 2020

It does not appear that you have asked a question here. What is your question?

1 Answer | Asked in Child Custody for California on
Q: how can i go about asking judge for full custody. currently have 50/50 custody. my child has been neglected in may ways.

over 20 unexcused school absence/ 30+ tardies, poor hygiene, welts, bruises and bald spots on scalp. child has express to me that mother makes her responsible for feeding and caring for two younger siblings ages 2 and 1 , while shes out of the house. my child is only 10 years old.

dont... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 5, 2020

How can you share custody 50/50 with someone if you do not know where they live? If you have evidence of the problems you have listed, it would supply the grounds for a motion to modify custody orders and/or to get the court to order a custody evaluation that may result in you getting the full... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: So I am in a divorce and custody case. My ex filed divorce and custody papers but I have never been served

My ex wife filed for divorce and custody. It has been 3 weeks and I have not been served yet. But she is telling me that there is a court date. I am not sure what to do

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Check with the family law clerk in the courthouse where the action would have been filed.

If there is anything filed and a court date then they can give you all that information as well as a copy of the paperwork she filed. Don't wait to be served as there may be something that you might...
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3 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for California on
Q: If i file for Child support against ex, does he still visitation rights if he's abusive?

Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for... Read more »

Mike Darlington
Mike Darlington answered on Feb 4, 2020

Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to... Read more »

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