California Child Custody Legal Questions

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384 legal 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 12
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Recent Legal Answers

Can grandparents legally adopt a grandchild?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a yes.
That would be a yes.

Is it illegal that he is living with the woman he has the other child with and to whom he pays child support to?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a no.
That would be a no.

How can I get my son's father to sign over his parental rights?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Why should he?!?
Why should he?!?

Can child support garnish from my employer and have a bank levy on my account at the same time?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
That would be a yes.
That would be a yes.

Can he be able to file for visitation?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a yes.
That would be a yes.

Is life insurance annuity income counted in determining total child support obligations?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a yes.
That would be a yes.

Can I make the father pay child support if we live together?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That would be a yes.
That would be a yes.

Could I be a violation if my kidsโ€™ mom ignores my calls and text's to have kids call me?

Answered 10 years and 7 months ago by Rebekah Susan Sass (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends upon if your are being reasonable. If she allowed contact earlier in the day or even the day before then she is probably fine. If the kids are old enough you should get them your own line.
It depends upon if your are being reasonable. If she allowed contact earlier in the day or even the day before then she is probably fine. If the... Read More

Is it legal to sue my father for back child support if he has not paid it in years? How?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Child Custody
Probably. But is there a hope of collecting any part of a judgment?
Probably. But is there a hope of collecting any part of a judgment?

Should my son's father pay child support until he graduates from high school even if he is 18?

Answered 10 years and 7 months ago by Tres Andrew Porter (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Generally, most orders for support will specify until age 18 or until 19 if still enrolled in high school. Going back 16 years on healthcare is extremely unlikely. You would need to document that the receipts and demands for payment were made within a reasonable time. 16 years is not reasonable.... Read More
Generally, most orders for support will specify until age 18 or until 19 if still enrolled in high school. Going back 16 years on healthcare is... Read More

Can we delay a request for custody by grandparents? How?

Answered 10 years and 7 months ago by Tina Marie Fox (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Child Custody
If you haven't already, you can ask the court for additional time to obtain counsel.
If you haven't already, you can ask the court for additional time to obtain counsel.

Can parental rights be restored, if so, how?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can't. But you can acquire new ones. You can claim the same rights as a *de facto* parent in a custody proceeding in Family Court. Juvenile Court can step in, make the children "dependents" of the Court, and assign them to "foster care" with you. A guardianship can be created through Probate Court, and your mother probably should be in a conservatorship.... Read More
You can't. But you can acquire new ones. You can claim the same rights as a *de facto* parent in a custody proceeding in Family Court. Juvenile... Read More

How can I get harassment to stop?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I cannot believe that any app can stop harassment. I do not believe that all of this is harassment. Freedom of expression is fundamental to our government and society. You need to show abuse of that right. You are free to offer your version of events to your X's audience (who may just roll their eyes at him in disbelief). If you can show conscious falsehoods, reckless disregard for falsehoods, or divulgement of your private affairs as to which he has no legitimate interest to discuss you might get somewhere in seeking a restraining order and/or damages.... Read More
I cannot believe that any app can stop harassment. I do not believe that all of this is harassment. Freedom of expression is fundamental to our... Read More

My girlfriend's family don't like me, they are trying to keep the kids from me, how can do I go about this situation?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your post is vague an ambiguous. Mom's arrest helps you get custody. The threat is so poorly discussed that I have no comment. The police are involved in Mom's arrest, obviously. You need to seek custody if you are a responsible parent; if you have blemishes in your parenting abilities, fix them.... Read More
Your post is vague an ambiguous. Mom's arrest helps you get custody. The threat is so poorly discussed that I have no comment. The police are... Read More

Can my ex-wife travel out of state with our son without my permission?

Answered 10 years and 7 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Consult your Court orders. You didn't supply them to me, and I'm not going to guess at them.
Consult your Court orders. You didn't supply them to me, and I'm not going to guess at them.

If my child's father is on welfare too does he have to pay child support?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Don't worry about it. D.C.S.S. will handle this. He can't pay support from welfare.
Don't worry about it. D.C.S.S. will handle this. He can't pay support from welfare.

Can I file for custody of my unborn child if I was told my girl was giving it up for adoption to her mom?

Answered 10 years and 8 months ago by Frances An (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes, and you should.
Yes, and you should.

What are my rights as a step parent to take my child to places?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
This is a reality check. Your parental rights as to your stepdaughter come entirely from her parents (perhaps just her mother). You are not yet an adoptive father and I doubt you ever will be. With this friction going on your wife and/or you has serious mental health issues that should be expected to doom your marriage unless you folks get counseling/treatment to resolve them.... Read More
This is a reality check. Your parental rights as to your stepdaughter come entirely from her parents (perhaps just her mother). You are not yet an... Read More

What do we do if my son has been proven to be the biological father of his baby but another guy signed the birth certificate?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your son appears to be a minor and, thus, this is your responsibility to handle. Your son has been proven to be the biological father; the birth certificate is a mere piece of paper which needs to be corrected. There are lawyers involved in this case; you display a remarkable lack of understanding of the information you presumably have been given. Communication seems to be the problem.... Read More
Your son appears to be a minor and, thus, this is your responsibility to handle. Your son has been proven to be the biological father; the birth... Read More

Can I move out of state with my children if I have full physical and legal rights?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Dad's rights are NOT terminated. You need a written agreement by Dad or a Court order to relocate your child.
Dad's rights are NOT terminated. You need a written agreement by Dad or a Court order to relocate your child.

Can my ex get child support of my daughter just because his child support has increased? How?

Answered 10 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
The issue is not whether the child wants to, but whether there is a parenting plan in place. Even if there is, you can make a motion to the court to require that he see here here if she has not seen him for 5 or 6 years.
The issue is not whether the child wants to, but whether there is a parenting plan in place. Even if there is, you can make a motion to the court to... Read More

Can my ex get child support of my daughter just because his child support has increased? How?

Answered 10 years and 8 months ago by John George Galasso (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
In Ohio, child support and visitation are 2 seperate issues; I would file a motion to terminate his visitation for lack of exercising it for the past 5 years and make hime explain to the court
In Ohio, child support and visitation are 2 seperate issues; I would file a motion to terminate his visitation for lack of exercising it for the past... Read More

Can my ex get child support of my daughter just because his child support has increased? How?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
Yes unless/until a Court changes the order to not require visitation.
Yes unless/until a Court changes the order to not require visitation.

Can my ex get child support of my daughter just because his child support has increased? How?

Answered 10 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Child Custody
The issue is too complicated for a simple answer. I expect the child's mother will want to go to court to have it clarified that she has legal custody and primary physical placement. Consult an experienced family lawyer. It's almost always worth the expense.
The issue is too complicated for a simple answer. I expect the child's mother will want to go to court to have it clarified that she has legal... Read More