California Child Custody Legal Questions

Half of her rights to what? Since she is not paying rent and is not a tenant but rather a guess, she has no right to be in the house if all owners tell her to leave. You could ask the Sheriff's Office to physically evict her, but they will probably say you need a court order for them to act [because they have no direct knowledge of whether she has a right to stay or not]. Ask them what they need. So you would have to serve her with a three day and thirty day notice of eviction, set the matter for trial, get a judgment, and then have the Sheriff evict her.... Read More

You need to thoroughly review the judgment and court orders. There could be limitations on moving the children or notice requirements. Generally, if the move will interfere with the father exercising his visitation rights, you may need court permission to move and to modify father's visitation.... Read More

Either find a lawyer right a way or if you aren't able to pay a lawyer, go to your county courthouse and speak to the Family Court Faciliator.  This is an attorney employed by the court system, no fee to you, who can direct you on how to file papers to repond and respond and immediately is what you need to do.  The courts are closed today and Monday.  As you are not my client I am not going to give you advice other than rely on the court order and make a trip to your local police station with a copy of the order and ask their help.... Read More

It depends if there is a custody order.  If there is one in California, you can file a motion in California in the same county where the order was made.  If there is an order in Georgia or if there is no order, you need an attorney in Georgia to file a motion on your behalf.  You can look on line or contact the bar association in the county where they live.... Read More

I hope you complied with the order.  What you need to do is see the Family Law Faciliator at your county courthouse right away.  There is no fee, and that person is an attorney who can guide you through the process to expedite your getting before a judge, perhaps an ex parte motion for custody based on risk of immediate harm to the child.... Read More

The courts are directed to do what is in the children's best interests.  In practice, most California courts are biased in favor of a 50/50 parenting split.  This may not be appropriate in certain cases, such as where there has been abuse, where the child is very young, or if one parent abuses drugs or alcohol.  Many fathers fear that the courts will be biased in favor of mothers, but that is really not the case.  The mother may want to punish the father by interfering with his parenting, but the court will not sanction that behavior. This isn't to say that she can't make it nasty if she wants, she certainly can, but keep in mind that going into court requesting an equal parenting schedule is generally in the judicial officer's comfort-zone.  I can't speak to every judge - but this has been my experience.   Best of luck.... Read More

You can file a petition for guardianship with the probate clerk at your local courthouse.  You can download the forms here http://www.courts.ca.gov/forms.htm?filter=GC, or you can probably get a guardianship packet from your clerk (different counties handle this differently).  The forms themselves are not that complicated but the process can be a bit difficult to manage on your own.  You might consider consulting with an attorney in your area who handles these matters.  In any case, when you do file you should request both temporary and general guardianship.  You will want to write a strong declaration outlining all of your concerns and the abusive or neglectful behavior that supports your request.  This will accompany your petition.   Please keep in mind that your mother will likely be furious once you file for guardianship. I say this only because if there is a way to help the children or to get your mother to agree without the need to expose her in this way you might try that first.  I wish you the best of luck and commend your commitment to ensuring the safety of your siblings.... Read More

You would draft a stipulation and order for you and the mother to sign. It should detail the conditions of the terms of the visitation and that you reserve the right to reinstate a professional monitor or yourself until further order of the court. The stipulation and order would be signed by both you and the mother and submitted to the family law court clerk, usually with a $20 fee. Give a self addressed stamped envelope and a copy for the court to mail to you once the judge signs the stip and order.... Read More

Depending upon you history as the father you either need to file a Petition to establish a parental relationship or a Petition for Custody. You also need to file a Request for custody/visitation orders. You should either consult with an attorney for representation or visit the self-help center at your local courthouse.... Read More

I'd advise you to see a private attorney or if you haven't funds for that, go to your local county courthouse and see the Family Law Facilitator who can explain how you can file a motion for custody and - this is very important- serve the father by publication.  Father must be served so the order can be obtained.  And right, do NOT allow your son to go to Mexico.  If Father keeps him there you have some legal options to get him back but as a practical matter, not ones on which you can rely.... Read More

No because assets don't necessarily equal cash flow. But what will affect the support amount is if you can get the court to impute income to her because she is not working and earning to her full ability You will need a lawyer. Get some help on this and you will save money in the long run.... Read More

You may not prevail on a request to prevent him from having any contact.  You should be permitted to move, however, without his permission but with a court order.  The court will likely award him some type of visitation after you move, which he may or may not exercise based on his history. You should tell the court that you are requesting a no-contact order right now due to his prolonged period of voluntary absence and the fact that you feel that it will be confusing and traumatic to the child to suddenly have him reintroduced, only to fall out of her life again.  The court may or may not grant this request.  The child is very young and it would be a very difficult call for the court to essentially exclude one parent from the child's life forever at this age.  I would recommend that you consult with an attorney in your area for further guidance. ... Read More

If the parties agree that one side may claim the child for tax purposes, then that is permitted. You aren't required to have the child ever live with you in order to claim the child for tax purposes, but if there is no agreement regarding the dependent exemption, then it goes to the person who has more of the time with the child.... Read More