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California Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: can the parent with custody make a nonwilling 17 year old move away from the state that they’re currently in?

The 17 year old is currently in mediation with their parents and the father wants to move her away from the state that the mediation is currently happening.

Mike Darlington
Mike Darlington answered on Jan 22, 2020

There is no way to answer your question since there no real facts indicated. There is no reference to which state you are speaking of, where the current custody order is, what the current custody order states and the circumstances surrounding the scenario you describe.

You can try again...
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2 Answers | Asked in Child Custody and Family Law for California on
Q: How can I get custody of my niece who is mentally abused by her mother. The father is in the picture.

The father is in the picture and wants to keep a family unit so he puts up with it, he is mentally abused too. My sister has mental issues and refuses help. She is narcissistic and toxic. My niece has severe anxiety and sometimes she can’t breathe due to it.

Mike Darlington
Mike Darlington answered on Jan 20, 2020

I would think you would have a tough road in getting what you want. You are seeking guardianship and would have to allege that it is a detriment for the child to remain in the custody of mom. And from what you say that might well be. However, the father is in the picture and if he objected to... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: What happens at a child custody review hearing?

Father hasn’t seen our child in 6 years, court ordered 6 month reconnection counseling but we have a review hearing at 3 months mark. What can I expect? Will things stay the same until 6 months are complete or will there be a modification of orders at review?

Mike Darlington
Mike Darlington answered on Jan 14, 2020

It's hard to say without knowing the intent of the court regarding the scheduled review hearing. The judge might just be wanting to see how the reconnection counseling is going and will probably expect some kind of report from the counselor. Based on that, if the judge sees progress he/she will... Read more »

1 Answer | Asked in Child Custody for California on
Q: My fiancé case is in California, but his daughter and the mom moved to Kentucky. How can he see her he pays CA support.

CA, he was served a day before when the order went threw to take custody away on CA he was in the military. Judge made a bad decision. He pays support but the mom refuses any contact with him. His daughter cries because she misses her dad. Im not sure if we need two lawyers or we’re do we start?

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 14, 2020

Depending on how long the child has been living in Kentucky, Dad should consider hiring a lawyer in California to file a motion to transfer venue to Kentucky so he can seek modification of custody/visitation orders. He can then address the support. Once the case is transferred to Kentucky, he... Read more »

1 Answer | Asked in Estate Planning and Child Custody for California on
Q: Hi my son is a beneficiary of my father in law for his life insurance

Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating... Read more »

James Edward Berge
James Edward Berge answered on Jan 13, 2020

The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.

A court cannot give legal advice, nor can a legal document...
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1 Answer | Asked in Family Law and Child Custody for California on
Q: Can courts take away my legal custody just because I agreed mother have it and changed my mind before it was ordered?

My family moved to Florida in August 2019. Mother requested with my move that I give her sole custody. I, unknowing my rights and feeling I had to do so agreed. We went to court and the minute order did not reflect her having sole custody. I signed the minute order her attorney sent me and mailed... Read more »

Mike Darlington
Mike Darlington answered on Jan 10, 2020

From what you said I am assuming there is some type of court hearing set in California regarding custody; and mom has an attorney.

The fact pattern you are describing is a little vague as to details, but again I am assuming you moved to Florida and mom remained in California, with the...
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1 Answer | Asked in Child Custody, Family Law and Criminal Law for California on
Q: Custody question - potential felon vs kids 6 and 7 year old. California

My ex is potentially being charged for a felony, (waiting arraignment) to which I have been identified as a witness. He doesn't see our Kids often, no custody orders as he's never been around, now he is insisting on seeing the kids? What do I do? He said there's no court stipulation that says he... Read more »

Mike Darlington
Mike Darlington answered on Jan 9, 2020

Lots of questions need to answered before can make a cognizant response. Were you and ex married? If so were the custody issues handled as part of the Judgment in the divorce? If not did he sign a Voluntary Declaration of Paternity for each child? Is he on the birth certificates?

The...
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1 Answer | Asked in Child Custody, Child Support and Family Law for California on
Q: How long with no communication and no child support can I file for child abandonment?
Mike Darlington
Mike Darlington answered on Jan 9, 2020

I am unsure of what you arenwanting to do. If you want to terminate the other persons parental rights there is a petition (not a form) you can file for that in California. The baseline for communication and/or support is one year. However, there nuances to that rule that you need to explore.... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Can he kick me out without help like trash when i have depended on him for 15years

I have been a stay at home mom for 15 years and now boyfriend decides that he is done kicks me to the street. he is keeping the kids from me and acting like he does not have to help me can he kick me out

Tobie Brina Waxman
Tobie Brina Waxman answered on Jan 8, 2020

You have parental rights. You have the right to custody and/or visitation. If you want those rights adjudicated; i.e. to get a court order, you will need to file a parentage action (aka paternity) and request child custody orders and support. As a co-habitant, you do not have the same rights as... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast forward....my son's possible biological parent then staged a DV and got... Read more »

Mike Darlington
Mike Darlington answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for California on
Q: A CA court ordered supervised visits for non-custodial parent due to abuse of the other parent.....

Non-custodial parent had 3 visits then stopped showing up hence the supervising agency terminated services. Almost a decade has passed. Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years AFTER release from custody. Custodial parent has to... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2020

MORE INFO NEEDED.

YOU SHOULD PRESENT THIS QUERY TO THE LAWYER WHO REPRESENTED YOU ON THIS MATTER.

S/HE KNOWS ALL THE FACTS AND CAN BEST ADVISE YOU.

1 Answer | Asked in Divorce, Family Law and Child Custody for California on
Q: What is CA court procedure after an agency has terminated court ordered supervised child visits for non compliance?

Can non custodial parent resume visits at same agency without going to court- after 9 years has passed with no visitation?

Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years after release from custody. Custodial parent has to file... Read more »

Mike Darlington
Mike Darlington answered on Jan 3, 2020

You have way too many facts missing for you to get a competent answer to this question. First question is why has nine years passed with no visitation? My guess is that should you try and set it up with the same agency they are going to want something from the court in the way of a current order.... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for California on
Q: Can my Canadian husband legally force me to put our soon to be born baby on an airplane to go visit him in Canada?

I am a US citizen living in the US and my husband and I married in Canada and he moved down here with me to begin immigration papers to become a US citizen. I became pregnant a few months later and then he left me and flew back to Canada. Can I be legally forced to put our baby on an airplane for... Read more »

Mike Darlington
Mike Darlington answered on Dec 31, 2019

I am assuming you are in California and the baby will be born in California, for the purposes of answering this question. He cannot legally force you to send the child to Canada for visitation barring a court issuing such an order. I do not know about Canada, but I am pretty sure that California... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: How to obtain temporary custody while their mother and I go to court?

Without violating the court order cpo.

Mike Darlington
Mike Darlington answered on Dec 25, 2019

There is a lot of information missing from your question, but I can give you some generic ideas. First of all, if there is a criminal protective order in place (I'm assuming against you) you are bound by the terms of that Order and if the protective order includes the children as protected... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for California on
Q: Can i sue the cps in utah for saying they cant help me child said while living with stepmom he was raped&abused phy proo

Stepmom maliciouslykeep them away moving motels got2of3kidsdue2aunt 1still with perpNeeded testing lived in utah other son was still with stepmom and now in cps custody in group home new evidence and now being abused at facility and utah cps took my other kids for first wrong person petition... Read more »

Dale S. Gribow
Dale S. Gribow answered on Dec 19, 2019

Much more info needed.

you should consult with a lawyer in your community and present that query.

write out a summary of all the facts beforehand.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for California on
Q: My x husband had are 2 daughters removed from him do to his house was raised for drugs. Ntf team called cps & they

Removed r girls from him. Cps never contact me & took r girls to Foster care. Now they don't at all want me to get r girls & now rgirls they gave to him. My question is. What would happen if I just went & took my girls from him. Can I get in trouble.

Dale S. Gribow
Dale S. Gribow answered on Dec 14, 2019

more info needed.

is there a court order that you would violate?

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for California on
Q: I have been the sole provider for child an husband keeps kid over summer an files divorce an wont let me have her back

He won’t let me see or hear from her an he filed for full custody we live in separate states

Mike Darlington
Mike Darlington answered on Dec 13, 2019

Even though your question is really short, it invokes so many different issues that you need to immediately sit down with an attorney and lay out the facts. At initial glance this is going to be a UCCJEA matter. The UCCJEA is a federal law that the courts use to decide jurisdiction between... Read more »

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2 Answers | Asked in Family Law and Child Custody for California on
Q: I need to file FL 305 per the judge request but have not seen my daughter over a year ago, what happens next?

I have not seen my daughter since a year ago when her mother took her away from me, my daughter is afraid of me now and the judge is aware that her mother had been coaching her and put her against me. Since my daughter doesn't want to see me how can I get her back. Is it instant after I file or do... Read more »

Mike Darlington
Mike Darlington answered on Dec 12, 2019

An FL-305 is the form for emergency orders granted by the court. They are normally filed with the FL-300 where you are making application for an emergency orders. Each court has their own rules for obtaining emergency orders and you should check where you live as to what they are. Depending on... Read more »

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1 Answer | Asked in Family Law and Child Custody for California on
Q: My girlfriend and her ex never got married, but had a son. I want her to come live with me in CA. How should we proceed?

We've been in a serious relationship for a little over a year. I'm in the Navy, currently stationed in California, but she and her son still live in Iowa. Our ultimate goal is to be together after her job contract ends in April 2020.

She split up with her ex over 3 years ago. After finding... Read more »

Mike Darlington
Mike Darlington answered on Dec 9, 2019

Even though you are a resident of California, there is nothing the California courts can do for you at this time.

Both your girlfriend and the child live in Iowa and are residents of that state so this would fall under their jurisdiction. Unfortunately, I cannot give you any advise as I am...
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1 Answer | Asked in Child Custody for California on
Q: My visitation has been denied by my exhusband the past 3 years.

My visitation has been denied by my exhusband the past 3 years. I purchased a plane ticket for my Christmas visitation this year and he says it doesnt comply with the order. I followed the order. He says the airport needs to be in his home town but it says 60 miles from Cumberland county. The order... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 3, 2019

You need to ask this question of attorneys licensed to practice law in the state in which your court orders were issued.

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