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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 9
Do you have any California Child Custody questions page 9 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 384 previously answered California Child Custody questions.
Child Custody
California

Recent Legal Answers

What do I need to do if I missed court mediation date twice?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have a court hearing date, the court will send you to mediation that morning. Another option is to contact the mediation office yourself and get a new date and then notice the other side with the new mediation date.
If you have a court hearing date, the court will send you to mediation that morning. Another option is to contact the mediation office yourself and... Read Answer

What is the cost to file child custody?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In California most family law petitions have a filing fee of $435. To request a temporary order while the case is pending has an additional filing fee of $90. If you are low income, or on government assistance or medi-cal you can request that the court waive these and other fees.
In California most family law petitions have a filing fee of $435. To request a temporary order while the case is pending has an additional filing... Read Answer

What happens and what can I do if I missed the mediation twice for child custody?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Depending on what county you are in, the Court will require that you attend mediation; most likely on the morning of your court hearing before you can see the Judge.
Depending on what county you are in, the Court will require that you attend mediation; most likely on the morning of your court hearing before you... Read Answer

Is there way to break an adoption when the adopted mother’s husband abuses you?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It appears you are the child involved. If you are the victim of abuse, you can contact the police or your local Department of children and family services office. You also also inform inform the adopted mother and ask that she protect you.
It appears you are the child involved. If you are the victim of abuse, you can contact the police or your local Department of children and family... Read Answer

What rights does a father have if child has not seen in 11 years and is adoption possible?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A Petitioner to terminate the father parental rights would have to be filed in conjunction with a step parent adoption petition. Usually if the father has had zero contact for more than one year and is not paying child support, then the parental rights can be terminated by the court.
A Petitioner to terminate the father parental rights would have to be filed in conjunction with a step parent adoption petition. Usually if the... Read Answer

Am I able to enroll my 17 year old daughter in school even though my ex technically has full legal custody?

Answered 9 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would first need to check with the school. They may require a signature from the father. You may need to return to court to request a court order to enroll the child if the school requires it.
You would first need to check with the school. They may require a signature from the father. You may need to return to court to request a court... Read Answer

Can a stepparent obtain legal custody over a step child?

Answered 9 years and 10 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Absolutely a stepparent, or anyone with a credible bond can obtain some sort of custody and/or visitation of a step child. However, it is usually a very difficult task. The foundation of the case is the best interest of the child. Starting there, at the foundation we have many times obtained stepparent and/or grandparent custodial rights. Just because it is usually difficult is irrelevant.... Read Answer
Absolutely a stepparent, or anyone with a credible bond can obtain some sort of custody and/or visitation of a step child. However, it is usually a... Read Answer

Is it legal to take him with her out of the country without my consent?

Answered 9 years and 11 months ago by Rivka Israel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is not a matter of whether it is legal or illegal. If there is no case pending and nothing has been filed with the court there is no law prohibiting a parent from taking the child out of the country. If, however, there is a case pending and there are court orders prohibiting it then it would be a violation of a court order. Which is not to say it is illegal, it is simply punishable by contempt of court or can, in theory, result in a Family Court judge changing custody. I hope this was helpful.... Read Answer
It is not a matter of whether it is legal or illegal. If there is no case pending and nothing has been filed with the court there is no law... Read Answer

What forms do I need to change court order payments?

Answered 9 years and 11 months ago by Rivka Israel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the mother has agreed you can file a stipulation (agreement) with the court to make it a court order. It is a little complicated to stop the state withholding though. You should seek the assistance of an attorney for that. You can hire someone on a limited scope to take care of that one issue.... Read Answer
If the mother has agreed you can file a stipulation (agreement) with the court to make it a court order. It is a little complicated to stop the state... Read Answer

Can the maternal family keep the children and can they file for custody of the children?

Answered 9 years and 11 months ago by Rebekah Susan Sass (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Not unless bio dad agrees to it or a court finds him to be unfit.
Not unless bio dad agrees to it or a court finds him to be unfit.

How do I get back child support if husband went to Mexico?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
When there is more than $5000 in child support arrears, the State Department will not renew the husband's passport. If he wants passport to return to the United States he will have to pay the arrears to below $5000.
When there is more than $5000 in child support arrears, the State Department will not renew the husband's passport. If he wants passport to return to... Read Answer

Do I have right to deal direct with my ex vs her attorney if I’m representing myself in a child support modification motion?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can contact the other party so long as there is no restraining order. It would be up to the other party whether she wants' to communicate with you on the matter or deal directly with her lawyer.
You can contact the other party so long as there is no restraining order. It would be up to the other party whether she wants' to communicate with... Read Answer

How does that affect the case if the parent is moving out of state before the court date?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
First, you need to determine is the move is lawful or prohibited by law. The the move is lawful, it should not effect a child support order other than perhaps changing the timeshare percentage used in the calculation.
First, you need to determine is the move is lawful or prohibited by law. The the move is lawful, it should not effect a child support order other... Read Answer

What are my chances of getting full custody if the father has been in prison for eight years?

Answered 10 years ago by Frances An (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
There will be no question that you will get sole legal and physical custody. He may get supervised visitation. MAY. Not will.
There will be no question that you will get sole legal and physical custody. He may get supervised visitation. MAY. Not will.

I am a non-custodial parent of my 14 year old son whose mom moves to another state in 30 days, can I stop her from taking my son?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depend upon court proceeding that is filed and the Court orders that are in place. You should have a lawyer review your situation and court orders. You can definitely bring an action to the court requesting a change in custody.
It depend upon court proceeding that is filed and the Court orders that are in place. You should have a lawyer review your situation and court... Read Answer

Can he leave her house or can she make him stay if he has Down syndrome?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The issue seems to be if your sister or any other person has a conservatorship over your brother. If there is no conservatorship then your brother would still be able to make decisions over where he lives. You should discuss your case in detail with an attorney with expertise in similar matters.... Read Answer
The issue seems to be if your sister or any other person has a conservatorship over your brother. If there is no conservatorship then your brother... Read Answer

If I make 50,000 a year, how much child support would I pay for 3 kids?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Child support could be 40%-50% of your net income after taxes and deductions for such items such as health insurance and the other child support order. You should consult with an attorney directly of find a child support calculator on line for a more specific estimate.
Child support could be 40%-50% of your net income after taxes and deductions for such items such as health insurance and the other child support... Read Answer

Can I take my children and leave for another state without informing my husband?

Answered 10 years ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
As long as there is not a divorce or custody proceeding pending in the Court's you still have a right to move out of state. If a petition is filed, then there is a statutory restraining order which prevents removing the children. You should also know that you should make sure that the husband has your contact information and can contact the children when you move. You should be prepared to defend or bring a request for custody orders at the time you move. If the husband does not bring a court action for six months after the move, then you can request custody orders in the new state.... Read Answer
As long as there is not a divorce or custody proceeding pending in the Court's you still have a right to move out of state. If a petition is filed,... Read Answer

Is the restraining order still in effect if we have been working together in raising daughter?

Answered 10 years and a month ago by Gerard A. Fierro (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The restraining order is valid and you should be careful about breaking it because you could be subject to arrest and prosecution and making the order longer. What you can do is ask the court for custody and visitation orders.
The restraining order is valid and you should be careful about breaking it because you could be subject to arrest and prosecution and making the... Read Answer

Is the restraining order still in effect if we have been working together in raising daughter?

Answered 10 years and a month ago by Rebekah Susan Sass (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Yes, until it expires. You need to see a lawyer and fight for joint custody.
Yes, until it expires. You need to see a lawyer and fight for joint custody.

What are my rights as a child support paying father who knows that the money is being misused?

Answered 10 years and a month ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You have no authority over how the money is spent, however if the money is being misused, then it may be that the other parent is not properly caring for the minor child. If that is the case, then it may be a basis for a change of custody, which could also lead to a reduction or elimination of the child support obligation.... Read Answer
You have no authority over how the money is spent, however if the money is being misused, then it may be that the other parent is not properly caring... Read Answer

Can I stop my child's mother from taking my daughter to Peru?

Answered 10 years and a month ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Since you have stated ?that is my time with my daughter?, this answer is based on the court order stating that period of time is yours. The best action you can take is obtain a restraining order preventing the taking to Peru. If you fail to take this action and the mother goes, you lose your visitation, and even if it is in contempt of court that does you no good because you lose your irreplaceable time. 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
Since you have stated ?that is my time with my daughter?, this answer is based on the court order stating that period of time is yours. The best... Read Answer

Can ex take kids for his vacation period during school times and take them out of school?

Answered 10 years and a month ago by Loren Paul Zahn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is a violation of the education code to remove the children from school for vacation. There are five legal reasons to miss school: 1. Illness 2. Doctor's Appointment 3. Death of an immediate family member 4. Court Appearance 5. Religious Holiday Any other missed school is an unexcused absence (a truancy) which could get the children in trouble as well as subjecting the parent to criminal prosecution for a violation of the education code.... Read Answer
It is a violation of the education code to remove the children from school for vacation. There are five legal reasons to miss school: 1. Illness 2.... Read Answer

Can a judge order me to take my son to his races on my weekends?

Answered 10 years and 2 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is unlikely that the father would obtain additional time when he is not present to take care of the child. The Court may possibly order that you take your son to his races if he has done it for awhile and it is an important activity for your son.
It is unlikely that the father would obtain additional time when he is not present to take care of the child. The Court may possibly order that you... Read Answer

If I die after surgery, will a notarized letter giving my sister custody of my toddler hold up?

Answered 10 years and 2 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your sister will probably have to seek a guardianship in the probate court. The letter will indicate your preference. The letters are generally temporary and may not have legal effect after death.
Your sister will probably have to seek a guardianship in the probate court. The letter will indicate your preference. The letters are generally... Read Answer
Child Custody
California

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