Lawyers, Answer Questions  & Get Points Log In
COVID-19 California Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for California on
Q: IS IT LEGAL FOR FOSTER PARENTS TO CHANGE SOMETHING THAT WAS COURT ORDERED WITH OUT SEEING A JUDGE FIRST

CAN F PARENTS FORCE YOUR CHILD TO GET A VACCINATION SHOT WITHOUT MY KNOWLEDGE,ALL HER VACCINATIONS ARE UP TO DATE. COVID OR FLU SHOT MOST LIKLY F PARENTS SAID THEY DONT HAVE TO ASK OR TELL US WHAT THE SHOT WAS.IS THIS LEGAL SHE HAS BEEN IN THEIR CARE FOR A WEEK.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

Under California law, foster parents do not have the authority to change anything that has been court-ordered without obtaining approval from the court. Court orders regarding a child's welfare must be followed unless a judge has reviewed and approved any modifications.

Foster parents...
View More

2 Answers | Asked in Family Law, Immigration Law, Adoption and Child Custody for California on
Q: Can I Adopt My Goddaughter From Mexico if I Have Been Providing for her over 3 Years?

My Goddaughter lives in mexico with her parents, but they had financial problems due to Covid-19 and I have been providing everything she needs during the past few years. Her parents are willing to relenquish her custody to me, but I want to know if I could leagly adopt her and bring her to the US.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2023

Adopting a child from another country involves both the laws of that country and U.S. federal immigration laws. If her parents willingly relinquish custody, you could initiate the international adoption process, which is governed by U.S. Citizenship and Immigration Services (USCIS). Once the... View More

View More 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... View 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...
View 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... View More

Tobie B. Waxman
Tobie B. 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... View 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... View 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,... View 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... View 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... View More

View More Answers

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... View 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... View 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... View 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... View 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 B. Waxman
Tobie B. 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... View 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... View 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... View 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.