California Child Custody Legal Questions

If you do not have legal custody over your child you have no right to be enrolling them in schooling without an order saying so.  You are welcome to file a request for order with the court and attempt to make your point concerning schools, but it will likely be in your ex's discretion.... Read More

Although I'm a Maryland child custody lawyer, I do know that, in California, when a court order specifies that holiday schedules supersede regular visitation, the holiday schedule takes precedence. If your court order granted you custody on Thanksgiving from 9 a.m. to 6 p.m., your custodial time for that holiday would have ended at 6 p.m., even if it overlapped with your regular visitation. Continuing the exchange at 6:30 p.m. may be viewed as a deviation from the court order. However, disputes like this often arise due to ambiguities or misunderstandings in parenting plans. To avoid future issues, it's a good idea to clarify any conflicts between holiday and regular schedules with the court or through a stipulation with the other parent. Consulting a California child custody lawyer can help ensure your actions comply with the court order and protect your rights if further legal action is taken.... Read More

A US citizen Adult child can sponsor their foreign national parent for a green card, and then once the parent obtains their green card, then they could sponsor their spouse. Unless your mom married your stepfather before you reached the age of 18, then you cannot petition your stepfather directly. ... Read More

You file paperwork in the court in which you lost custody requesting a change of custody and/or visitation. Make sure that you have a current drug test. If you don't have the money to hire an attorney, then seek self-help from the Superior Court -- each has a self-help department.   Good luck!  ... Read More

Of course, you can take your children to another state for a visit.  However, I would suggest that you try to convince your husband that he should grant you permission.  That is probably good for your children.  Without knowing his reasoning, I cannot commit on his reasons.  Good luck!... Read More

Child Support can become very complex.  If you are living together and he is paying expenses, then he should not have to pay child support even at this time.  I would recommend you get married again, enjoy each other and your children together.  That's more important for your children.  You can enter into an agreement making all the agreements in your divorce void and unenforceable.  Just make sure that you can take care of California Child Support Services requirements if California Child Support Services is involved.  I wish you the best... Read More

First of all, you need to contest the petition in that he should not get "custody."  Secondly, he does probably have visitation rights.  You have not explained how the baby would not be safe.  The court can grant that visitation but only if there is a monitor (either personal monitor or hired monitor) who watches over the visitation if you can prove that he is dangerous to the baby.  There is not enough facts to give you a definite answer.... Read More

It depends.  If there is a restraining order against the spouse, then no need to give new address and other measures need to be established for him to see his children, i.e., a monitored visit.  However, if he wants to take his children to a new place, then he needs to report the address of the "new place" for the safety of the children.... Read More

As the father, you have a right to NOT consent.  If she wants to go to another state, she can go (right to travel) but she cannot take the children without your consent.  You can file for divorce or legal separation and get an abduction order not permitting her to leave the state with the children.  Of course, you can dismiss the case later if you want.... Read More

You can file a Request for Order FL-300 and submit to the Court requesting that the co-parent pay for your drug test.  I don't know how the judge will rule, but you are not going to get a ruling unless you file a request.  You need to file your receipt with your request.  Also, you must request payment from your co-parent before filing the RFO with the court and then if he refuses, you file the Request for Order.  Good luck1... Read More

You are asking two questions:   First, even with your husband's name only on the mortgage, you have community property interests in the house.  If you file a petition for divorce, the court will decide who gets the house and child and spousal support and visitation with the children.  Sometimes families stay together for economic reasons, and he takes one bedroom and she takes the other.  You can separate and live in the same house.  Usually, however, that is not tolerable when another person comes between you, i.e., boy friend or girl friend.  Bottomline: it doesn't matter whose name is on the mortgage, it's probably community property and owned by both of you.  ... Read More

You ask the mother.  If she says, "yes" then you make arrangements for a certain day and times.  If mother says "no," then you must file a petition for paternity or divorce if you are married in the Los Angeles Superior Court.  That begins the process for the court to make decisions on custody and visitation with your children.... Read More

First of all, wait until he files a petition for paternity in court.  Then you contest the Petition by responding that he is not included on the birth certificate (if he is not included).  If he is included on the birth certificate, then he has to admit paternity.  The bottom line:  you don't have to agree to anything that he asks unless you want him to have visitation and then he has visitation on your terms.  Alternately, you file a petition for paternity.  In either case, you request child support!!... Read More

Your son needs to file a paternity case in the California Superior Court requesting custody and/or visitation.  You cannot worry about the restraining order until he is served with the order, and then it's only temporary.  He must go to the hearing after he receives the order to attend a hearing.... Read More

Well, then say "no."  you do not think that he is old enough to be away from you for that length of time, etc. with all your objections.  By the time he files a petition requiring such visitation, then your son might be old enough -- haha.  The court system is very slow at this time.... Read More

Without knowing why your granddaughter is in child protective services, it kind of hard to answer.  Did you get the court order before CPS or after CPS.     If you feel that you are entitled to the visitation, then you can call the sheriff to escort you to the visitation or to pick up the child for you.  Otherwise, you can file for a civil "contempt" -- form FL-410 and seek criminal charges against the father for not letting you see the grandchildren.  However, first of all, you should send him a copy of the order via certified mail, return receipt requested, or via sheriff's department and demand visitation as ordered in the court's ruling.  ... Read More

Jonathan, I take from your question that you and the mother are not married.   Also, the question doesn't tell me how many children you have or what area you live in.  If so, then you need to file in the Court a petition for paternity in which you request custody of the children because mother cannot take care of the children.  OR you can call child protective services but then they might take the children from you as well because of you and mother arguing so much in front of children.  You and mother need to learn how to co-parent.  There are several classes available but not knowing the area in which you live, I cannot recommend one at this time.  Therefore, I recommend that you file a petition for paternity as soon as you can so that you can get sole legal and physical custody of the children.... Read More