California Child Custody Legal Questions

It depends if there are court orders. If there are no court orders, then deny the visitation until the mother goes to court and then request supervised visitation so the children are safe. If there are existing court orders, then the father will have to go to court to ask that the orders be modified so the children are safe.... Read Answer

For you to file for custody orders, you would need to know the name and address of the father and serve papers on the father. If there is no person that has ever established any paternity rights, then you probably do not need to have any custody orders at this time. You may have a problem getting a passport for the child if there is no father.... Read Answer

If this is an emergency or you feel your child is in danger, please make sure to call the police. You can also reach out to the department of Social Service (https://dss.mo.gov/cd/can.htm). Generally you would want to file a paternity action to establish paternity and legal and physical custody. Missouri law considers the best interest of the child in determining custody. In accordance to Missouri child custody law, the court considers five types of custody arrangements before making a decision. These include: 1. Joint physical and legal custody to both parents 2. Joint physical custody to both parents and sole legal custody to one 3. Joint legal custody to both parents and sole physical custody to one 4. Sole custody (both legal and physical) to one parent or the other There are also laws regarding the relocation of a child. How this is handled will depend on whether or not you have a custody order from a court. *?relocate? *or *?relocation? *means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and (5) A proposal for a revised schedule of custody or visitation with the child, if applicable. This is a very complex issue and if you would like to discuss further, please contact our office to schedule an appointment at 816-256-5440. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read Answer

It depends if there is a current court case that has automatic statutory restraining orders. If you have a final order or judgment then it would need to be reviewed to answer your question. If there is no family law case or divorce case pending, you can probably move with the children out of state.... Read Answer

First, you could try contacting the military unit and make a claim for support with them. You can also go to your local county child support services agency and open a case for child support. They should handle the rest but it may take awhile. With respect to a court action, an attorney would have to evaluate your specific case to determine if the State where you live has jurisdiction to make a child support order.... Read Answer

For grandparents that want custody of grandchildren it is imperative to obtain court Orders. When there is a case where the parents have signed an out-of-court document giving custody to a grandparent, there should be an application made to the court immediately the next day. An out-of-court agreement has absolutely no legal value. However, as evidence the document can usually be used to get a court Order. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life.... Read Answer

If there are no court orders for custody and visitation you cannot be held for kidnapping. If there is no court case pending then you are free to remove the child from the State of California. Once a court case is filed, then you have to get court permission to leave the State with the baby, so it is generally advised to leave now before a court case is filed. You should always make sure that the father has a phone number to reach you, and after you are out of State you can provide him with an address.... Read Answer

You can try to send written to communication from the jail to both the attorney and the court. Try to write to the court that you want the proceedings delayed until you are available to respond to the case. You can also hire a lawyer to respond to the case. You can also request from the jail that you are transported to any court hearing.... Read Answer

To change the last name of a child a Petition must be filed giving the other spouse, and other family members an opportunity to object. Even if there are objections the name change can still be achieved. It depends on how the case is litigated. When you are dealing with children in court, competent legal representation should always be sought, as the subject matter of the litigation is so very important. One mistake here could cause the biggest adverse consequence of your life!... Read Answer

A parent can allow another person to exercise temporary custody. One would think that your "parents" would have had a difficult time enrolling you in school or exercising legal custody rights without documentation. You can use the information on your birth certificate for any applications or other legal needs.... Read Answer