California Child Custody Legal Questions

I cannot give you specific advice - but what I can say is that your child would almost certainly benefit from having a father, and if you file a request for custody and visitation you will at least have contact with the child.  The nature of that contact will depend on numerous factors, including the issues you raise as well as the child's age and your current relationship with the child.  If you haven't seen her for a long time, you might start by requesting counseling with her on a regular basis.   There is a presumption in California that perpetrators of domestic violence should not have custody of their child.  There are two things you should know about this law: 1) a person without legal or physical custody of a child can still have extensive parenting time with a child; 2) it is a rebuttable presumption - meaning you can overcome the presumption by demonstrating that it is in fact in your child's interest for you to have sole/joint custody and for her to be placed in your care.  The statute is Family Code 3044 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3040-3049). Finally, be aware that the court may refer your family to Child Protective Services.  This may not be the worst thing for you, the child very well may need to be taken out of mom's care and the juvenile court system has much different standards for parenting than the family courts.  Plus, you will be given legal counsel.  I wish you the best of luck.  It is impressive to see someone so willing to work to overcome their propensity for violence.    ... Read More

As to your first question, I cannot say without more information about your situation. As to the second question, again I don't know what you mean by a third party. Not knowing much about what is going on in your case, or the ages of your children, you may want to ask the child custody recommending counselor (i.e. the in-court mediator) to interview your children.  The mediator can then take the children's input into consideration in making her custody and parenting recommendations. I hope this helps you. ... Read More

First of all, beg or borrow the money for a lawyer. They know how to deal with the complexities of law and the courts. Your state may have a statute that prohibits a spouse from moving a child out of state (or beyond a certain distance) without the consent of the other parent or an order of the Court. And usually such laws require a formal notice sent to you by certified mail at least 60 days before the move, and give you the opportunity to object within, say, 20 days. If you absolutely cannot hire a lawyer, and no entity that provides legal services to the poor will help you, go to the Clerk of the Circuit or Family Court: some states have forms you can use. Obviously you must move fast.... Read More

In that case it may be deemed vacated. On the other hand, the court may feel that children really need to have an order in place regarding custody and placement, in particular if the parents are separated or divorced. Have you consulted an experienced family law attorney? It's almost always a good idea.... Read More

I'm not quite sure who the 'she' in your question is. If you want to give custody to a nonparent the courts will generally look very closely at the situation, and give notice to the other parent so that she or he may be heard. I can't make out what the caseworker told your family member, but I don't think it makes much difference.... Read More

Family lawyers know that it is very hard to tie an adolescent down. If you are 15 or older, as a practical matter it is almost impossible to force you to live with someone you do not wish to live with. You could, through your stepfather, petition the court for placement with him even while conceding legal custody to your biological father (if you must, and only if you must). If the two of them can cooperate about you, all the better. While your birth father is your 'natural guardian,' courts are supposed to take into account the best interest of the child. So the lawyer your stepfather retains will have to gather a lot of evidence and present it persuasively.... Read More

First things first: you need to consult a family law attorney in the count where the child is now located. He or she may suggest you seek a writ of habeas corpus, or may have some more conventional techniques. You could also appeal the judge's apparently erroneous decision. Another possibility is to seek an Order to Show Cause for Contempt in the court which first issued the order approving the adoption (and perhaps making other orders). While a local family court does not exactly have a lot of power to enforce its contempt orders in another state, registering the judgment in the county where the child is located might very well permit you to seek an order in that county requiring the stepfather to return the child to you.... Read More

This letter appeared in my inbox today, many months after some discussion was needed. I don't understand. But in any case, you might want to consult your lawyer in the divorce case. You should certainly read the provisions about transportation in connection with periods of temporary placement. You could perhaps try an action for contempt of court if he is violating some specific order. Bolder is to hire a lawyer where he lives and see if that lawyer will file a writ of habeas corpus with the court there.... Read More