My 7 year old daughter lives with her mom in CA. I live across the country. We have a custody arrangement in place, but as far as visitation, the judge never issued a concrete order for exact visitation dates when we divorced. He hoped we'd "come to an agreement." So each year we... View More 
answered on Jun 16, 2020
It's unfortunate that your judgment lacks details regarding the parameters of visitation. It makes it difficult to put a finger on any specific violation resulting from Mom's behavior. That being said, there are no laws in place here in California that allow a parent to use Covid-19 as... View More
answered on May 18, 2020
That's a really interesting question during this Covid-19 time in our lives. Generally, when you have an ex parte application hearing, you hand the other party your moving papers the morning of the hearing. I expect you still need to do that, but I wonder what precautions can be taken to... View More
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?
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
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.
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
my mother in law took my daughter on 3/24/20 she was granted temporary emergency guardianship on the 24th and our first court hearing isnt until 4/27/20 but then for some reason court got posponed until 6/15/20. Doesnt the petition expxpire after a certain amount of days
answered on Apr 21, 2020
My guess is that the temporary order was extended, if it was, due to the numerous court closures due to the emergency orders related to the COVID-19 crisis. The state emergency order allows the court to extend temporary orders when necessary. What you are going through has nothing to do with the... View More
We have shared custody of my son (7) and she told me she is going to move from O.C. county to LA county to stay near her job ( she is with this job since 3 years already and she was driving everyday). I am staying in O.C. and my son goes to school to O.C. doctors in O.C. etc. Can she move my son to... View More
answered on Apr 19, 2020
Depending on what your orders say about "shared" custody, she probably does not have the right to unilaterally move the child and change the school, doctors etc. for him; nor can she unilaterally adopt a different time share for the child.
However, you need to take some immediate... View More
Stay-at-home order From COVID-19 the mother continues to allow her son to attend ‘play dates’ and attend birthday parties what can the father do to immediately halt these actions? Spring break begins 6 April for 2 weeks and all indications are that the mother will continue normal activity... View More
answered on Apr 3, 2020
This is one you are going to have to have the courts weigh in on. It appears from the question the matter has never been to court since there are no current custody orders. You would either need to file a Petition for Custody/Support or a Paternity action depending on if there is a Voluntary... View More
Hello, we are in the process of a divorce. We have been in mediation but recently my spouse retained an attorney who does not appear to want her to continue mediation. I own an insurance agency and she is a teacher. My question is this:
I received a FL-145 with a very detailed list to... View More
answered on Mar 25, 2020
Most attorneys will grant an extension when presented with a polite letter requesting one. If your documents are many, or complicated, retaining an attorney seems necessary. Most attorneys right now, because of court closures, are working out of their offices, closed to the public and clients... View More
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
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.
Both parents have joint custody, mom has primary. Visitation is every 2,4,5 the weekend with dad. Summer vacation is 1 week on 1 week off. How is visitation handled during a pandemic?
Edit. Father wants to enforce summer vacation schedule. I have twins who fall in the high risk group so I... View More
answered on Mar 18, 2020
That is a really good question, and I wish I had a really good answer for you. The truth is that this is an entirely different situation than we ever seen and I've been doing family law for 35 years. My initial inclination was that the orders should just be followed as if there were no... View More
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