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COVID-19 California Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for California on
Q: Dad tested positive for COVID. My daughter is negative. We are 50/50. He wont negotiate his time. What can I do?

We are one week on/off. He wants to pick her up even though his whole household tested positive. She is negative and I don’t want her to get sick. I told him I would give him back his time or use vacation days while I have her till his family gets a negative Covid test. He won’t have any of it... Read more »

Paramprit Bindra
Paramprit Bindra answered on Aug 5, 2021

1. Try talking to the father again.

2. You may file a Request for Temporary Emergency (EX Parte) Orders and ask that no visitation to Father.

3. Depending on which county you live in you may consider filing a good cause report, but usually filing one requires immediate threat of...
Read more »

1 Answer | Asked in Child Custody and Divorce for California on
Q: Can I continue with my divorce proceedings in Northern California if the divorce was filed in Southern California?

My ex filed for divorce in Southern Cali a few years back. We have yet to finalize it. I would like to hire an attorney in Northern California since this is now where I live (We both have since left S. California). My ex's attorney is based out of Southern California. Is it possible to... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

Under certain limited circumstances you may be able to file a motion to change venue. If there are minor children involved and they have moved to No. Cal. and have lived there for more than 3 consecutive months, it may make sense to move the venue to a court closer to where the minor children... Read more »

1 Answer | Asked in Family Law, Child Custody and Divorce for California on
Q: Is it considered kidnapping if I bring my daughter with me to visit family in Hawaii if my husband doesn’t give consent?

My husband and I are still married, live together in Southern California, and never had any custody hearings. He doesn’t want our daughter to go. His reasoning is because of COVID-19 but we just went to visited his parents in Northern California. So I don’t see the difference.

Paul Ylvisaker
Paul Ylvisaker answered on Jan 2, 2021

No. If you are parents married with no court orders limiting where when and who the child can be with, either parent can travel freely subject to not putting the child’s health safety and welfare in jeopardy. In this case that would following protocols for travel. Covid-19 has been addressed by... Read more »

1 Answer | Asked in Child Custody and Family Law for California on
Q: Hello i want to know what rights do i have over my domestic partners child? I have not adopted her,.
Chris M. Bradford
Chris M. Bradford answered on Jul 14, 2020

What do you mean by "rights over" the child? The right to discipline the child? Answer: No, because you are not the parent or guardian. The right to make decisions about the child's health, education or welfare, such as residence, school, doctor, have an operation? Answer: No,... Read more »

2 Answers | Asked in Child Custody for California on
Q: I need help getting my sion back from his dad. I have custody.

His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 5, 2020

Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you... Read more »

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1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Child Support for California on
Q: How to respond to (petioners) RFO orders Ex- Parte Notice late notice via email sent by his attorney to me (respondent).

this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: how do i go about taking name off birth certificate?

he is not the father and in prison

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The short answer is: You need a court order. If you already have a court case with the person in prison, such as a divorce or paternity case, you might be able to ask for the birth certificate to be changed in that case. If you are not married to the person in prison, you would file a paternity... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: An attorney failed to file a LSR but handled an entire trial an orders were issued.Can I get the orders to be dismissed?

It is a paternity action. I’ve reached out the other LSR attorney in three different occasions requesting a copy of form that was filed with court but no response. According to the clerk’s court representative. Both parties are pro per. They were showing that my last attorney subbed out prior... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jun 21, 2020

The form FL-950, Notice of Limited Scope Representation, or LSR, is filed with the Court and a copy served on the other side of the case, to notify the judge and the other side that the attorney is only representing a person at a particular hearing or to do some other limited task. Yes, the... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: Hi , I have visitations with the mother of my kids. She’s not letting me see the kids due to Covid-19, what can I do?

I have visitations on Saturday and Sunday 10am-12 pm . She told me that the only way I could see them if I do a Covid-19 test which I did and it came out negative. She’s requesting for her to see results or else I won’t be able to see the kids. What can I do?

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

There is no legal authority for using Covid 19 as a reason to violate custody/visitation orders. She is in the wrong. However if you got tested and you know the results are negative, why not just let her see the results so you can see your kids. Once the courts reopen, you can file a motion to... Read more »

1 Answer | Asked in Family Law and Child Custody for California on
Q: A no contact order was placed between my husband's daughter and her mothers boyfriend. They violated it. Now what?

We called the police to perform a welfare check on the child when we obtained an unknown address by looking at my daughters phone location. We recieved confirmation from the mothers aunt that they were indeed with the boyfriend.

Mike Darlington
Mike Darlington answered on Apr 23, 2020

File an emergency Request for Order (FL-300) with a Request for Emergency Temporary Order for an immediate suspension of visitation pending further hearing. Due to COVID-19 orders on the courts you should probably consult with a local attorney to find out what the local rules are regarding... Read more »

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.

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