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California Child Custody Legal Questions

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384 legal [2, *]questions have been posted about child custody by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
California Child Custody Questions & Legal Answers - Page 6
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Child Custody
California

Recent Legal Answers

Can I get child support from the mother if my child has her last name?

Answered 9 years and 2 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are the custodial parent, you are entitled to receive child support from the other parent. The name of the child should have bearing on your ability to obtain child support. Once you have proved paternity and have a custody order, you can request child support in the same case. You do not have to use the County to request support; however once you have a support order, you will have to open a collection account with the CSSD as the payments will be sent to a State Disbursement unit first. If you have a child support order, the other parent can pay you directly if you do not obtain an Income withholding order (wage garnishment).... Read Answer
If you are the custodial parent, you are entitled to receive child support from the other parent. The name of the child should have bearing on your... Read Answer

What kind of actions can I do to be able to see my son or even get custody of my son?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can file a Petition for Custody or a Petition to establish a parental relationship, depending on your circumstances. Then you can requests custody and visitation orders in that case. If there is a child support judgement, you can also use that case to request custody and visitation orders. You will need to file in court to preserve and enforce your parental rights.... Read Answer
You can file a Petition for Custody or a Petition to establish a parental relationship, depending on your circumstances. Then you can requests... Read Answer

Is there a way to prevent my ex wife from bringing the kids over to me all the time?

Answered 9 years and 3 months ago by attorney William R. Pelger   |   5 Answers   |  Legal Topics: Child Custody
William R. Pelger
Go to court and get a custody order which states that you relinquish full physical (but not legal) custody to her and reserve the right for visitation as agreed upon by the parties. Talk to a lawyer.
Go to court and get a custody order which states that you relinquish full physical (but not legal) custody to her and reserve the right for... Read Answer

Does the primary parent pack clothes for the child visiting the other parent for the period of time that they are there?

Answered 9 years and 3 months ago by Nicholas J. Clekis (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Child Custody
no photo
This varies from case to case. If the primary parent does pack clothes secondary should return all clothes. Secondary should have their own set of clothes do avoid this problem. Either way, it is not a law but sometimes it is in the final Order. If not, parents need to work it out.
This varies from case to case. If the primary parent does pack clothes secondary should return all clothes. Secondary should have their own set of... Read Answer

What rights does my husband have in seeing our children if he did not help with child support?

Answered 9 years and 3 months ago by attorney William R. Pelger   |   11 Answers   |  Legal Topics: Child Custody
William R. Pelger
Unless one or both of you went to court and got a custody order which states who has custody at what times, he has no custody rights, nor do you for that matter. You can tell him he has no right to see the kids unless he get s an order from the judge. Now naturally, to keep the peace, you should try to work this out with him. But explain, unless he plays nice, this can get expensive.... Read Answer
Unless one or both of you went to court and got a custody order which states who has custody at what times, he has no custody rights, nor do you for... Read Answer

My wife was deported from the US for life she recently reentered US, we had a child and I want to get full custody, what should I do?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there are no custody orders you can request them from the court. If the mother is at risk of deportation or felony conviction that could be a factor.
If there are no custody orders you can request them from the court. If the mother is at risk of deportation or felony conviction that could be a... Read Answer

If I am the sole custody of my child, his father restraining order was done, do I still have to let him take my son on his court set visitation days?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the child is in danger, then you can temporarily withhold a visit but you would need to go to court right away on an emergency basis to ask the court to impose a monitor for the visits.
If the child is in danger, then you can temporarily withhold a visit but you would need to go to court right away on an emergency basis to ask the... Read Answer

If my wife and I were not getting along, she wants to move away to other state and take my son, how can I keep her from taking him out of state?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would have to file for a Request in change of custody, prove that the best interest of the child is to remain living with you. You can prove the allegations made by mother are false and that could help your case. You should see a lawyer as move-away cases are complex.
You would have to file for a Request in change of custody, prove that the best interest of the child is to remain living with you. You can prove the... Read Answer

What can I do if now she's getting something called cash aid and that I have to pay that back and including child support?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
When a parent receives cash or other assistance from the State, that parent assigns their right to child support to the State. The local County child support department will then take action to obtain a child support order to reimburse the State. Sometimes, the child support amount will enable the other parent to stop receiving government benefits. You should make sure the child support amount is fair and consult with an attorney before the court order is made. You should request custody and visitation orders if you need them as you will have to prove your timeshare with the child as part of the support calculation.... Read Answer
When a parent receives cash or other assistance from the State, that parent assigns their right to child support to the State. The local County... Read Answer

If my wife asks for a divorce, how I can get full custody of my kids after the divorce?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can file for divorce and custody in your current State where the children reside. You should request custody orders while the children are still living with you in your current State. You should not send the children out of State until you have custody order as it would take legal action to get them back.... Read Answer
You can file for divorce and custody in your current State where the children reside. You should request custody orders while the children are still... Read Answer

Is it possible for her to get custody back when, she has paid no child support?

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It sounds like you have a basis to oppose any attempt by the mother to termination the guardianship. You should attempt to arrange with the mother reasonable safe visits, or follow any court ordered visitation. If the mother files a Petition to termination the guardianship, then contact an attorney without delay to oppose the termination.... Read Answer
It sounds like you have a basis to oppose any attempt by the mother to termination the guardianship. You should attempt to arrange with the mother... Read Answer

How can my husband get custody of her 17 years old sister? Both of their parents passed away.

Answered 9 years and 3 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The procedure for obtaining custody rights to a minor that is not your child is by filing a Petition for Guardianship.
The procedure for obtaining custody rights to a minor that is not your child is by filing a Petition for Guardianship.

How can I obtain a ADR for child custody?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can hire any mediator. You can use an ADR company that has many choices of mediators, or a private mediator who has an individual firm. You may also be able to find psychologists or MFTs who do custody evaluations that can provide mediation services. There is a directory on the court's website. Lastly, an experienced family law attorney can also help mediate.... Read Answer
You can hire any mediator. You can use an ADR company that has many choices of mediators, or a private mediator who has an individual firm. You may... Read Answer

Can the social worker make this demand if there's no cause that her boyfriend is a threat to her?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The mother can file for sole legal and sole physical custody of the child. If the father wants he can file a response to request shared custody. A parenting plan can be agreed to even if the court orders says sole custody. If no agreement is reached the court can decide the parenting plan. Always remember that the safety of the child is paramount and if there is any real risk of harm that the DCFS may step in and file a Petition in the juvenile dependency court.... Read Answer
The mother can file for sole legal and sole physical custody of the child. If the father wants he can file a response to request shared custody. A... Read Answer

Do we still need a move away order and can a mediator grant that?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Are there existing court orders? If the father has given you written consent to leave the State with the child that is probably all you need, and you can properly move with the child. A mediation does not grant anything. If there is a court case, the mediator can help prepare an agreement that becomes a court order.... Read Answer
Are there existing court orders? If the father has given you written consent to leave the State with the child that is probably all you need, and... Read Answer

How do go about getting full custody of my kids if the father is in jail?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is no case or court orders then you may want to move to another State without filing the case. If you file a case first in California then you cannot remove the child from the State without a court order or written consent of the father. Once you are settled in the new state, you can file a Petition for Custody there. Or, if the father files a case in CA after you are already in the new state, then you should hire an attorney to defend the case and obtain an order then that you should have custody in the new State.... Read Answer
If there is no case or court orders then you may want to move to another State without filing the case. If you file a case first in California then... Read Answer

How can I lower my payments if my ex-wife owns a business and she makes more than me?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you are referring to child support you would have to show either a reduction in your income or an increase in your timeshare with the children. If the mother's income has increased then you may get a some reduction if you have significant timeshare. You would need to run several calculations with a child support calculator or consult with an attorney about your situation.... Read Answer
If you are referring to child support you would have to show either a reduction in your income or an increase in your timeshare with the children. ... Read Answer

What can I do to ensure that we are left alone by this criminal?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Is there a court order to do the DNA test? If not, you don't have to do it just because some agency asks. Is the child over 2 years of age? If yes, the alleged father may have lost his rights. If paternity can be proven, you can still perhaps limit visits to supervised only. You should review these issues with an attorney.... Read Answer
Is there a court order to do the DNA test? If not, you don't have to do it just because some agency asks. Is the child over 2 years of age? If... Read Answer

By law, can the father take the baby from the hospital if mom got a CPS case?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The father would only have parental rights if he established his paternity. A common way this occurs if both the mother and the father signed a Declaration of Paternity at the hospital when the child is born. Another way to establish paternity is to file a Petition with the court to establish a parental relationship. If you need to request DNA testing, you must obtain a court order before the child is two years old.... Read Answer
The father would only have parental rights if he established his paternity. A common way this occurs if both the mother and the father signed a... Read Answer

Can my ex get visitation after our divorce if he is not biologically his?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
More information is needed. The issue is not whether your son is the husband's biological father, but rather whether the husband is the legal father. Depending on when the child was born relative to your marriage and when the child moved into the husband's home then the husband could be the legal father and have parental rights. Is there another legal father? You should consult with an attorney with experience in complex paternity matters.... Read Answer
More information is needed. The issue is not whether your son is the husband's biological father, but rather whether the husband is the legal father.... Read Answer

With proof showing that the child is not his, can he have the child support payments stopped?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The matter would need to be reviewed. The "father" would have to file a motion to vacate the judgment of paternity which I presume exists. If he had the mother's cooperation, this can be accomplished easier. Many more facts need to be evaluated to determine if your son is considered the legal father even if he is not the biological father. Your son should consult with a lawyer.... Read Answer
The matter would need to be reviewed. The "father" would have to file a motion to vacate the judgment of paternity which I presume exists. If he... Read Answer

Would I have a chance in court to get the current order changed?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Based on your information, you should be able to have the order changed. Its not likely that the father would appear in Court if he is in jail. However, he can submit written declarations and have an attorney appear. Supervised visitation would appear to be a strong possibility if you prove your facts.... Read Answer
Based on your information, you should be able to have the order changed. Its not likely that the father would appear in Court if he is in jail. ... Read Answer

How can I remove my ex-husband off my daughter’s birth certificate if she has passed away?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The relief you ask for it not simple since after the passage of time, there is no authority for the court to order genetic tests and your ex husband is presumed to be the legal father even if he is not the biological father. Your best option is to file a Petition to establish non-paternity and if it is not opposes (or if the ex husband cooperates), you may get a Judge to sign a Judgment that your ex husband is not the father and that the birth certificate can be amended.... Read Answer
The relief you ask for it not simple since after the passage of time, there is no authority for the court to order genetic tests and your ex husband... Read Answer

I would like to establish paternity and to file for sole custody, where do I start?

Answered 9 years and 4 months ago by Ronald L. Freeman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can file a request to determine parternity with the Superior Court covering your county.
You can file a request to determine parternity with the Superior Court covering your county.

Can I sue him in civil court and win back the fees that are required to defend myself in court or should I ask the family law court to reward me fees?

Answered 9 years and 4 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should prepare a response with your declaration and other evidence to prove that the RFO is lies. You would have to file a separate request for fees based on family code 270,271 asserting that the other party made a frivolous motion and caused excessive litigation.
You should prepare a response with your declaration and other evidence to prove that the RFO is lies. You would have to file a separate request for... Read Answer
Child Custody
California

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