she’s had full custody of me since i was 7/8 but since i’m 16 do i get to choose? she’s allowed him to have visitation without getting the court involved since 2021. im very unhappy here and she’s very toxic i stay in my room and i don’t want to be here, being with my dad is a breath of... View More 
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answered on Dec 3, 2023
In California, while a child's preference is taken into consideration in custody decisions, it is not the sole determining factor. At 16, your opinion is given significant weight by the court, especially if you can articulate mature and reasonable reasons for wanting to live with your father.... View More
What should I do because I was never served custody paperwork to respond
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answered on Dec 3, 2023
In California, if you were not properly served with custody paperwork, you should act immediately to protect your rights. First, contact a family law attorney to get personalized legal advice. An attorney can help you understand your options and represent your interests in court.
Next,... View More
My 2 teens school lies to me about kids behavior, and whereabouts and attendance. They tell my kids im psycho. The School Calls my mom instead of me when my daughter gets caught drunk at school then locks me out of office with my daughter and parents inside. They Fail to tell me about death threats... View More
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answered on Nov 30, 2023
In your situation, it's crucial to carefully consider the advice of your court-appointed attorney. They are there to guide you through the legal process, especially in complex child welfare cases. However, if you feel that your attorney is not adequately representing your interests or you have... View More
Thank you for your response. My sons girl friend got temporary custody of her baby. The father of the baby has taken the baby to another state. The father of the baby has gotten a restraining order against the mother towards the son and father. She can not get within 300ft of either one of them. Do... View More
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answered on Nov 30, 2023
In this situation under California law, it's important to understand that custody orders and restraining orders are separate legal matters. The fact that the father has taken the baby to another state complicates the issue, but the temporary custody granted to the mother remains valid.... View More
state. Are you aware of any Pro Bono help they can get here in Santa Rosa CA??
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answered on Nov 29, 2023
In a situation like this, seeking legal assistance is crucial. Since the father has taken the child to another state, it's important to understand how the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies, as it governs custody issues across state lines.
In Santa... View More
The father has taken our son to a different state and has gotten a restraining order on me. I am not sure how to enforce the original custody order here in sonoma county with the father being in Nevada.??
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answered on Nov 29, 2023
To enforce a temporary custody order from California when the child is taken to Nevada, you need to take prompt legal action. First, you should contact your attorney to discuss the situation. If you don't have an attorney, consider consulting one who is experienced in family law and interstate... View More
order?? Also the father has gotten a restraining order on me.
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answered on Nov 29, 2023
If the father of your son has taken your son to a different state and violated the temporary custody order, you can take steps to enforce the order and regain custody of your son. Here's a step-by-step guide:
Contact the local law enforcement agency in the state where your son is... View More
order?? Also the father has gotten a restraining order on me.
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answered on Nov 29, 2023
To enforce a California temporary custody order when the child is taken to another state, you need to take immediate legal action. First, consult with an attorney experienced in family law, particularly interstate custody issues. They can guide you through the process and represent your interests... View More
I was evicted from my house due to loosing my job and I also had a warrant for my arrested due to not showing up to court. Me and my daughters grandmother (father's mother) had an agreement she would care for her until I get back on my feet. She demanded guardianship after two weeks and I said... View More
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answered on Nov 27, 2023
In your situation, it's crucial to understand the legal standing of the grandmother's guardianship claim and the purported no-contact order. If you haven't signed any legal documents granting guardianship and have not been served with any court orders, it's possible that the... View More
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answered on Nov 27, 2023
Under California law, to terminate a guardianship and regain custody of your children, you generally need to file a petition with the court that originally established the guardianship. This petition should clearly state your reasons for seeking the termination of the guardianship and demonstrate... View More
The father of two boys has temporary custody of them and their half sister is still with the mom and he has filed a move away request. Will the court consider the fact that they will be moved away from their sister?
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answered on Nov 24, 2023
In family law cases involving move away requests, courts typically consider the best interests of the children as the primary guiding principle. This often includes evaluating the impact of the move on the children's relationships with both parents and siblings.
In the scenario you... View More
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answered on Nov 24, 2023
The Fifth Amendment protects individuals from being compelled to testify against themselves in criminal cases. This means if someone pleads the Fifth during discovery, they are exercising their right to avoid self-incrimination.
However, the situation changes when it comes to using evidence... View More
My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More
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answered on Nov 22, 2023
In California, if you are concerned for your child's safety in the custody of their other parent, you can file for an emergency ex parte order. This is a legal action where the court can make immediate decisions about child custody without the other parent being present, based on urgent... View More
My child's father & I are in a 50/50 joint custody situation. On Monday, he had my child outside in the cold in South Central Los Angeles at a strangers house (we'll call him 'John'). John has two fully grown pit bulls who he uses as guard dogs. My daughter was outside in... View More
answered on Nov 22, 2023
Call the police or go to the police station and make a police report. This will help you in your request to the court. You can always request an ex parte order for emergencies. If you don't have a family law attorney, request a facilitator. LA family law courts provide facilitators that are... View More
My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every... View More
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answered on Nov 21, 2023
In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as... View More
Wants to no communication. What steps should he talk there is DV that happened a couple years ago when they were together also? Just want any suggestions we can get to move forward with Court.
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answered on Nov 20, 2023
In cases like your brother's, where there is a desire to establish a relationship with a child but the other parent is resistant, the legal process can be complex, especially with a history of domestic violence. It's important to approach this situation with sensitivity and legal... View More
I do not know anyone.My daughter is 11, will that hurt my case to not have a support system near?
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answered on Nov 18, 2023
In California, when determining guardianship, the court's primary concern is the best interest of the child. While having a support system is beneficial, it's not the sole factor in these decisions. The court will consider various aspects of your situation, including your ability to... View More
Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2.
What are the... View More
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answered on Nov 18, 2023
In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes... View More
And I give her 400 a month for my baby but she got a new boyfriend and things are getting complicated and I’m scared if I go to court I won’t have my week
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answered on Nov 17, 2023
In California, if you're facing issues with child custody and visitation, it's important to know that the court's primary concern is the best interest of the child.
Without a court order, both parents have equal rights to the child, but this also means there’s no legal... View More
He is military and didn’t take the paperwork with him. Dealing with it overseas
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answered on Nov 16, 2023
In California, during a divorce proceeding, both parties are generally required to share relevant documents and information. If your ex's lawyer is requesting new copies of the divorce and response paperwork, it is typically part of the discovery process in which both parties exchange... View More
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