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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody for California on
Q: Child support question. In state of California. Youngest child turns 18 in 2 days.

There is an existing order and wage garnishment in place. The balance of back child support is in excess of 49 thousand dollars, will his wages still be garnished after she turns 18? If not how does that balance ever get paid off?

Tobie Brina Waxman
Tobie Brina Waxman answered on Nov 9, 2019

Support for the 18 year old should end when he graduates from high school, not just on the reaching of age 18. The arrears however, continues to be owed until it is paid off. The wage garnishment can continue for that purpose. You could even go back to court and get the garnishment amount... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: what would be the first step to get a family case recalled and dissmissed

A case was started on my 4 month old and orders were granted over 24 hrs on false info and withholding information the mother didnt have no chance to show are give evidence and a chance to speak and the judge made orders with out verify that my child is on two open cases through the family courts... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 9, 2019

Probably an Ex Parte Request for Orders Modifying the Custody Order and in the alternative an order shortening time to hear your request on shortened notice.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for California on
Q: I want to know if i go get my kids from my x sister iñ law she has temporary custody of them. Due 2 the fact they were

Removed from him. His house was raided 4 drugs & drugs were found with both my girls being there my 15 yr old & my 12 yr old who has down sydrome. The NTF notified cps they came did a emergency removal never notified me about it. My girls were taken 2 get druged tested cps didnt all9w me 2 go... Read more »

Karen S. Socher
Karen S. Socher answered on Sep 3, 2019

Often CPS and the courts ask the parents to do things like drug test and attend classes to make sure the parent is committed to ensuring the children's safety and well being. Often success requires cooperating with CPS and showing them that you are all about the kids.

2 Answers | Asked in Criminal Law, Child Custody and Civil Rights for California on
Q: I am 30 Can i sue a minor for pulling off my shorts?

I was playing in the gross area and i grab the baseball ball from kids playing there so we can play through and catch another minor came from the back and pulled off my shorts and all my private parts were visible to everyone around. It took me some sec to pull it up as i was shocked. Now everyone... Read more »

Gary Kollin
Gary Kollin answered on Jul 8, 2019

And what money are you going to be able to collect?

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1 Answer | Asked in Child Custody and Family Law for California on
Q: I sent my children to Sacramento for the summer with my half sister and now she wants to keep them and file custody.

What can I do to get them back right now ?

I have legal custody over them ..

This is kidnapping right ?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jun 17, 2019

Your sister does not have legal standing to get custody of your children. There isn’t enough information in your post to discuss her standing to apply for legal guardianship.

1 Answer | Asked in Child Custody and Family Law for California on
Q: My child will be 18 in 6 mo. He recently stopped coming to his visitation. I have 50/50 custody. What options do I have?

We have been to court regarding custody several times recently 1.5 years ago.

Tobie Brina Waxman
Tobie Brina Waxman answered on May 28, 2019

Unfortunately, you cannot force a 17-year-old to comply with court-ordered custody or visitation plans. Without knowing why he will not come visit you, it's difficult to say what your options are. Options include 1) do no thing; 2) consider family therapy; 3) come up with activities to do during... Read more »

1 Answer | Asked in Child Custody for California on
Q: How do i start a case to get full custody of my kids?
Andy Cook
Andy Cook answered on Apr 1, 2019

If you're married, you would file for divorce or legal separation. If you are not married, you would file a paternity case.

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: What’s the best way to handle situation

Hi my ex girlfriend texted me stating she went to the Los Angeles county courts to start the process of establishing paternity a couple weeks ago. My issue is I’m currently out of the state for a new job which requires us to complete the training I’m at which is about a month long or forfit the... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 31, 2019

If you retain an attorney, the attorney can respond to the petition on your behalf.

1 Answer | Asked in Child Custody and Family Law for California on
Q: My sons father never served me back w/ a response to me wanting full custody. What does that mean for me? What do I do?

I served my sons father child custody and visitation on 2/22/2019. He never responded back to my summons. What does that mean for me? We just had our mediation appointment and we did not agree. He wants 50/50 and I want full physical custody. Does he have to serve me back? Or can he still get 50/50... Read more »

Andy Cook
Andy Cook answered on Mar 30, 2019

The father is allowed to participate in the hearing regardless of whether he has filed a response or not. And he is free to hire an attorney at any time. The Court has to decide what "the best" interests are with respect to child custody and visitation.

It sounds like, however, that your...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: In the case of child abuse...

if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.

Marc David Pelta
Marc David Pelta answered on Mar 30, 2019

The facts you shared do raise some important legal issues and rights. And without knowing more, I cannot answer it completely. A CPS (and some counties have had this agency re-named) worker will have to be involved and be open to your information. If she or he sees it your way then that is the... Read more »

1 Answer | Asked in Divorce and Child Custody for California on
Q: Good afternoon, recently i was served divorce papers along with custody papers. I have no idea what to say or do. HELP?
Vernon Charles Tucker
Vernon Charles Tucker answered on Mar 26, 2019

You need to first note how you were served. Was it personal service or served on someone else which is commonly known as sub service? Was the service valid?

The reason why this is important is because it controls when your responsive pleading is due. Which will either be thirty (30) or...
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1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for California on
Q: In the case of child abuse...

if the one parent is accusing the other parent of child abuse but the allegations are false but the child is being abused by someone how to prove who is involved with the abuse.

Dale S. Gribow
Dale S. Gribow answered on Mar 25, 2019

More info is needed to properly evaluate your case.

However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer...
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1 Answer | Asked in Child Custody and Child Support for California on
Q: Child support and child custody

Hi the Father of my child is threatening me that he will file for a child custody bec he is going to school from 6am to 6pm every Mon to Fri he wants to borrow the child every Sunday half day and I told him he can borrow the child some sundays but not every sunday and he got mad he told me that he... Read more »

Andy Cook
Andy Cook answered on Mar 14, 2019

It's never too late to file for child support, but the sooner you file the better because any order for child support is usually only made effective the date that you file the paperwork -- not any earlier than that. If he's not paying child support now, I would need to know whether it's because... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Domestic Violence for California on
Q: Losing your children to child protective services

A friend of mine is going through a nasty divorce. in January his soon-to-be ex-wife called the police on him for domestic violence even though she was the one that put hands on him, and they do have pictures of his injuries. Child protective services was contacted because she claimed neglect on... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 5, 2019

More info is needed to properly evaluate your case.

WITH DOMESTIC VIOLENCE THE STATE IF THE VICTIM AND EVEN IF THE SPOUSE WANTS TO DROP CHARGES THE DA PRESSURES THEM TO CONTINUE AND IF THEY DON'T THEY TRY TO PRESENT A CASE BASED ON THE ORIGINAL COMPLAINT TO THE POLICE.

BE SURE YOUR...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for California on
Q: I need a lawyer from Tulare county who can help get my childeren from my ex husband.

Custody order is in place from Stanislaus county father took childeren while they enrolled in school here in tulare county and filed up there..its been a few yrs and with no luck i couldnt get them back. Im seeking help to bring them back to me..i dont have very much money but i am willing to pay... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 4, 2019

More info is needed to properly evaluate your case.

However, it appears at first blush that Tulare Co has jurisdiction for now. I would contact legal aid there or the courts to see if they have pro bono lawyers to assist you.,

What you are doing is the same as asking a doctor to...
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1 Answer | Asked in Child Custody for California on
Q: My sis wants custody/at least to be able to visit our younger half sister. Her dad won’t let us for personal reasons

Our little sister is only turning 15, so I assume it will be difficult. I also know parents get full custody. However according to my little sister, her dad is very controlling and doesn’t let her do anything she will enjoy, such as visit friends or even me and my sister. He even says if he buys... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 2, 2019

As her sister and non parent, you do not have legal standing to seek custody. The option of legal guardianship may be available, but based on the information you have provided, it's unlikely that request will be granted either

1 Answer | Asked in Adoption, Family Law, Criminal Law and Child Custody for California on
Q: Should I be concerned with how my case is be conducted and “shady” things going on inside the legal teams

our Question:edit text

I’m fighting a criminal case currently as well as being a witness in another case. I’m being refused a speedy trial until I testify. The DA is saying I won’t be charged for any wrong doing in the witness case and I don’t have legal counsel currently cuz... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 23, 2019

To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work, and X-rays etc.

I would strongly...
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1 Answer | Asked in Child Custody and Criminal Law for California on
Q: How can a judge award custody to the other parent after proof was shown she was sexually touched

Feb 19th 2019 a judge awarded the father of my daughter full custody because of a retraining order with him telling the judge he walked up.to me while my 5 year old daughter was at his house she expressed to me that her 15 year old sister penetrated her in how she didn't like what she did to her... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 21, 2019

much more info needed.

the best person to ask is the lawyer who represented you in the court and understands the arguments for both sides.

1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: What do I need to do if the other parent of my child has mental, anger & verbal abusive behaviors, with no evidence.

I have life experiences with this parent that indicate these behaviors and other people who have experienced it as well.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

Have you filed for child custody and visitation orders? Typically in such requests, you can state your facts, observations, and attach related declarations from witnesses attesting to these allegations. Are you in divorce proceedings already? More details are necessary to provide a professional... Read more »

2 Answers | Asked in Family Law and Child Custody for California on
Q: Is it required by the mediator in family law to read any documents or declaration before meeting with the parents

I was told by the mediator she did not know if she was allowed to read them and she would have to ask her supervisor?

Andy Cook
Andy Cook answered on Jan 27, 2019

It depends on the county. Sadly, mediators -- even though some are tasked with making written recommendations to the judge-- do not always read declarations. In counties where the mediator participates in "confidential mediation", it is less crucial because if the parties do not reach an... Read more »

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