Child Custody Legal Questions

In California you file a Request for Order to change child custody based on the abuse and in the process you can request a child evaluation.  In a child evaluation the 13-year old and you tell your story to the evaluator.  The evaluator will then reports her/his findings to the judge who ultimately makes the decision whether to change the custody arrangement.  Under California law, the 13-year old must be heard by the court in some method either testifying on the stand or talking with an evaluator.  Of course, in the meantime, you could take her to a psychiatrist or psychologist and seek a report on how that abusive conduct is hurting her.  You would include that report with your Request for Order Change of custody.  This could be very serious in view of the teenage suicide rate.  I had one teenage girl testifying on the stand, and when the judge asked her what she did at father's home, she replied:  "I call suicide prevention."  Good luck!... Read Answer

You would have to contact a family law attorney in the state in which your daughter now lives OR work on an arrangement with the mother that you want to step up and be a father.  You know that would mean paying child support and helping her take care of the child. Each state has similar but sometimes different procedures for establishing paternity rights.  Good luck!  Your daughter would probably benefit with you being in her life!... Read Answer

Probably not.  Of course, you can file what is called an ex parte request in court. An ex parte request requires irreparable harm.  One judge explained to me:  If there is an airplane getting ready to leave LAX with a child on it that breaks a court order, then she would grant custody on an ex parte basis.  In other words, you would have show irreparable harm to your daughter to not go with you??... Read Answer

Well, the short answer is anyone can say anything.  However, that does not make it reasonable.  For background, see the court's custody factors list, and other materials, posted here.  I also suggest you do a short Google search for "age-appropriate custody schedules."  The Nevada courts, in their "COPE" materials for divorcing parents, also suggest such schedules, the short version of which is that the younger the child is, the less time the child should be removed from a primary care-giver.  It might be a good idea for you to have a thorough consultation about both custody and support with a family law specialist.... Read Answer

My first baby was born when I was 17 years old.  You sound mature enough to take care of your baby.  Legally, you must file a petition for paternity since you were not married and then ask the court for you to leave California.  But let's pretend that I'm not an attorney because this is not legal advice:  you can leave and go live with your parents, especially if you've been abused.  Calling names is a form of abuse.  I would strongly recommend that you do not tell him that you are leaving because the chances are strong that he will physically beat you.  Just find a way to leave without his knowledge, and then tell him when you've left and where you and the baby are living, if you feel safe in doing so.  You and the baby's safety are the first priority!... Read Answer

No.  If you are a minor, then you must have a parent, parents or guardian to represent you in court.  However, the parent who has custody of you can arrange for you to testify before the court as to your desires for custody.  Not all courts will permit the minor to testify but are required under California law to have the wishes of a child over 14 heard by the court.  If not testifying in court, then the court would order the minor child to meet with a child evaluator who would hear the child's wishes, and then present the child's wishes to the judge in court.  Of course, the parent or guardian can likewise advise the Court of the child's wishes.... Read Answer

You can always file for a restraining order.  But whether a court will grant a restraining is a different story.  I am presuming that you've already filed with the Superior Court and visitation orders are in place because you call him your "ex-husband."  If so, I would recommend that you file a Request for Order seeking limitations on visitation with your son.  If you haven't filed in the Superior Court for visitation orders re paternity because you also state "finance,"  I would recommend that you secure restrictions on the visitations with your child through the Superior court.... Read Answer

If you have joint legal custody you share joint decision-making authority, which is different from physical custody.  Unless there is something in your agreement or court order, which restricts the father from taking the child out of town during his custodial access (physical custody) with the child, you cannot dictate what he does on his weekends unless his conduct is contrary to the child's best interest.  I strongly suggest that you consult with an experienced family lawyer in your area to discuss this matter in greater detail.   Lawyers.com offers general information and not legal advice, which is based upon the specific details of your case, which includes a review of your court order(s).  Most lawyers charge by the hour for consults, therefore, you need to discuss fees before attempting to schedule a consult to avoid any misunderstandings.  All the best,~ ... Read Answer

There is a lot of precedent for people making excuses or making up stories trying to make a "temporary visit" into a permanent move, but it is much too detailed to go over by email.  You can represent yourself in the pending motion to have the child returned to Nevada, but your best interest may well be served by hiring competent counsel (a family law specialist) to appear at the hearing.... Read Answer

Generally, a moving party can always withdraw a pending motion, by filing a simple notice of doing so (the family court self-help center may have a form).  There is an exception where the other side has filed a counter-motion, since that will proceed even if you take off your original motion. Your overall situation, however, appears too convoluted to address by email, and you really should consult a family law specialist about your plan, options, risks, and benefits.... Read Answer

It's not clear to me from your question whether you and the mother have now separated or whether you are still living together, but assuming you are in a separate residence then you can simply contact your local Juvenile & Domestic Relations District Court to schedule a time to file a petition for custody.  The intake workers there will help you do it. Or you can hire a lawyer to file your petition for you and represent you in court.... Read Answer

Your question is not a simple one. 2 years ago, DCPP took physical custody of a child away from the primary custodial parent because of her abuse and neglect (drug use and its impact on the child) and gave physical custody of the child to the other parent. Apparently things changed and the 2 of you began living together again - meaning the parent with the drug issue is in the house with the child and DCPP is concerned about the potential for abuse and neglect of the child as a result of same and because you are allowing her to remain in the house with the child, there is concern for your judgement. If your plan is to continue to live with the parent doing drugs, then you need to present a comprehensive plan to DCPP to show them that the child is protected from the other parent ( ie that parent is never left alone with the child) and that the other parent is in a drug treatment program and is in compliance with all of the testing obligations of the program. You will also need to show how you are taking appropriate steps to ensure the child’s safety on a day to day basis. ... Read Answer

Possibly.  This situation requires a full examination of all the facts and circumstances, starting with which court where has jurisdiction, and going into the full custodial and care history -- but the child should be rescued from an enviornement of sexual abuse no matter what, and the sooner the better.... Read Answer

No competent lawyer would ever promise a result in any case, especially on the basis of limited information, but as detailed in the child custody materials here, his DV conviction alone makes him presumptively ineligible for either primary or joint custody.  It might be a good idea for you to consult with a family law specialist about all of the facts and circumstances; if you do not believe it is in the children's best interest, you should not agree to the change.... Read Answer

Both parents have equal rights to the custody/visitaition of their child, whether you are talking about the father or the mother.  If the other parent is not allowing you to see your child, your only real option is to file an action for custody/visitiation.  Once an action is file, the parties will have an opportunity to participate in child custody mediation where they may be able to settle the case.  If it can't be settled at mediation, a hearing will be scheduled and the Court will decide. The goal of any custody case is to get a custody order.  The custody order should set forth which parent is to have physical custody, howexchanges are to take place, holiday schedules, the rights of each parent to travel with the child, how decisions are to be made, and other considerations related to custody.   To ensure that your rights are being propertly protected and pursued, you should consider speaking with a local family law attorney who can assist you in the filing of a custody case.  ... Read Answer

Your question cannot be answered in this forum because additional information is needed.  Is this a case involving Child Protective Services?  Are there Court Orders in place that require you to secure housing, obtain employment, etc?  Is there a caseworker in the case  If so, what is your relationship with the worker? I strongly suggest that you meet with an experienced family lawyer in your area to discuss this matter in greater detail.  Lawyers charge by the hour, therefore, you need to discuss the cost of the initial consult upfront to avoid any misunderstandings.  Best wishes~... Read Answer

The short answer is yes.  However, it will ultimately be up to the judge(s) to decide if the case will be tried in Va or Fl.  You should confer with an experienced family lawyer to discuss this matter in greater detail. Lawyers charge by the hour, therefore, you need to discuss fees upfront to avoid any misunderstandings.  Best of luck~  ... Read Answer