California Child Custody Legal Questions

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

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

The clerk was saying that you cannot request 50% of retirement in an FL-300 for court hearing at this time.  The retirement is awarded in a final judgment.  If you have waiver of court costs, then re-file the FL-300 without the request for retirement funds.  If you would have to pay court costs again, then file an Amended FL-300.  In any event, do not ask for 50% of retirement in a FL-300 only in the petition for marriage dissolution.... Read Answer

It will affect you in a negative way if it is something you do not want.  If the schedule is something you want, then it probably won't harm you to sign it.  Child custody and visitation are changed until children are 18 unless it's a final judgment.  If it's a final judgment, then you shouldn't sign unless you can leave with the arrangement until children are 18 or a MAJOR change in circumstances.... Read Answer

It is unclear in your fact pattern as to how old your daughter is now and what you want??  I can presume that you want full custody of your daughter.  If so, then you need to file a petition for paternity (FL-200) in Superior Court.  Most Superior Courts have self-help units to help you complete all the paperwork.  Then a judge can issue an order giving in full custody or whatever you desire.  After you have him served, then he has a right to contest your request.  From what you tell me, he probably doesn't have the ability to contest you nor will he be awarded any custody.  If he wants visitation, you can ask that the visitation be monitored (or supervised) because you do not trust him alone with your daughter based upon his past conduct and propensity for violence.  Good luck!  ... Read Answer

The first thing you need to consider is what your custody order says.  Does it allow for you to move with your child?  If not, you will need to get an order from the court allowing you to move your child out of state.  Basically, you file a "Request for Order" with the court, asking for your custody/visitation order to be modified and granting you permission to move with your child.  ... Read Answer

In order for you to do anything, there has to be a significant change in circumstances. There can be nothing done unless there are grounds of significant changes which would require the court to interven. A family law specialist can best assist you. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read Answer

What you can do is visit the county family court where your kids reside in and speak with the court clerk. You will need to speak to the court clerk to see if the court can provide you a free attorney. If they can not do that, you will need to reach out to local non-profits or legal clincs in law schools. If that can not help either we do offer reduce price and flat fee services for documents drafting. You will need to represent yourself in court (go in front of the judge on your own). If you are comfortable with doing that than Feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com as we do also offer reduced price services for PRO SE people who can't afford an attorney or would like to represent themselves in court.... Read Answer

Sole Custody is not decided based on sexual orientation. It is decided based on the Best Interest of The Child. If the ex husband can convince the court why the child should not be with you than you will lose sole custody. But given the information you provided, it is highly unlikely for that to happen because if you are currently meeting the needs of the child and a fit proper parent you shouldn't need to worry. Just get the best attorney on your side to fight. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

You have a serious problem. Without looking at any documents, from experience I say that the ex-parte order might be alleged to take the child out of your care. You should contact the Court Clerk, and see if you can go there today and obtain copies of the case. If you can bring the copies and review them, you can prepare your response and file it in court for tomorrow hearing. You should also consider hiring a lawyer if you want to maintain custody. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read Answer

You seem to be very cooperative with the other parent, keep it up. I think you have covered all the basics. Feel free to add anything else you feel would be important. What do you mean by respective counsellor? Is this a mediator or a counsellor at law or what? This agreement will be considered legally binding and would hold some weight in court depending on who is representing you or the other party. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

Mediation is all about coming to terms with the other parent without going through court. Mediation is just as effective as court order as long as you both can come to an agreement. It will be cheaper as well. You need to hire a lawyer to go with you on Mediation so that you can get the best deal possible. Call my office to go over few things as part of a free consultation.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

Are you on the child birth certificate? If not you should petition the court for establishing paternity, then be establishing visitation and joint custody.  Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read Answer

You asked many questions above and I will try to answer them all. If I miss any, you can contact my office. When you have 50/50 Custody or whatever Custody or parenting time arrangement you have in place. The court order granting custody usually outlines the requirements for moving out of state. If there is a restriction in moving out of state than yes you will need to get her permission. If she does not agree you will have to get permission from court. Since the gun situation occurred couple years back and there is no violent situation than most likely she will request the court to keep the children here with her and you can go where ever you want to move. You will have to really get a competent and aggressive attorney to get what you want done. Feel free to call my office at 212-387-8001... Read Answer

Child support is due until paid. It does not matter how old your children are now. Interest for late payments is allowed by statute and must also be paid. Sometimes, you can make a settlement with the child support services department for a lower one-time lump sum payment. Otherwise, you can also request that a Judge order a payment plan that is affordable for you.... Read Answer