California Child Custody Legal Questions

The fact pattern lacks some information:  when is the hearing scheduled?  Did you get a drug test?  Have you filed an opposition to his Request for Order?  You can request the court for an evaluation in which your son can speak with a professional about any abuse by you or his father.  It depends on the Judge as to whether he can or cannot use the video.  Have you seen it? Good luck!  ... Read More

I had the same trouble with my daughter.  She tested positive and I told her to get a negative report before she could visit with me.  However, she reported, as he has, that she is not contagious after ten days and will test positive for three months.  She came to visit and I hugged and kissed her.  I did not get Covid.  Good Luck!... Read More

Most of the time you have to "move the court."  You could file a Request for Order (FL-300) to get a hearing and order on whatever you want.  You need to complete the additional forms requested in the Request for Order.  Then you need to file everything with the Court.  If you cannot afford an attorney, then you should make an appointment with the Superior Court self-help department.  Good luck!... Read More

You should complete and file an FL-150 (Income and Expense Declaration) showing that you do not have any extra money to pay for her attorney's fees.  As you stated, you need to oppose the request for attorney's fees.  You can state in the declaration that you have no extra money to pay her attorney's fees and that you, yourself, cannot afford an attorney.  You can ask her for attorney's fees for your case!... Read More

I believe that you have a child support issue.  Who is collecting the child support?  The state?  If so, then contact them about applying for a reduction in child support.  They will send you some forms to fill out.  If you have difficulty filling out the forms, then you can take them to self-help at any Superior Court for assistance.  With regard to custody, you need to also go to a Superior Court self-help and complete the forms to petition for visitation rights, if that's what you want.  Of course, you're going to have to consider if you have the proper housing and accommodations to have visitation with your children or that you want just two or three hours on a Saturday or Sunday for first visits.  However, that probably won't reduce your child support with that little visitation but it might benefit the children and for you to work toward more time with them.  Sometimes you have to get an extra job to support children.  At one time I had three jobs to support my three children -- weekdays, weeknights and weekends.   ... Read More

What a wonderful friend you are!!  I believe that it's more than a piece of paper.  You would have to go through an adoption proceeding or guardianship in court for the children and then she would sign over her rights to the children to you in that process.   If you cannot afford an attorney, you can go to the Superior Court in San Diego and request self-help services.  ... Read More

Yes, your husband/father can give you rights to your stepson.  It's a temporary guardianship.  You need to apply to a Superior Court with the paperwork signed by your husband.  However, you need to find the stepson and find out if he wants to live with you.  At 14 years old, he might have to consent to the guardianship.      ... Read More

Sorry but that is not enough information:  He was arrested but is he still in jail?  What were the charges against him?  How old is your daughter?  Do you visit your daughter at your mom's place?  What is your "criminal background"?  How are you today?  You would have to ask the social worker who placed your daughter with your mother.  I think your mother seems to be the fit person to have custody of your daughter, depending on daughter's age.... Read More

I'm sorry but there are not enough facts.  What kind of custody order was in your mailbox?  Did she file for divorce?  It sounds as if you should contact police for missing children or the District Attorney's office for kidnapped children.  You have a right to visit with your children under California law.  Also, you can file for divorce and request the Court for custody or if she filed for divorce, you can file paperwork requesting custody or at least visitation with your children.  ... Read More

I'm not an authority on child protective services' custody.  However, I would recommend that you file a Declaration (pleading or some kind of document with your argument as you've noted here) under penalty of perjury, i.e., "I declare the above is true and correct under penalty of perjury under the laws of California."  Plus make sure that you go to the hearing.  The Court should have appointed counsel for you.  If not, ask for an attorney to be appointed for you.  Good luck!... Read More

Well, that's difficult to answer now that children are attending school remotely.  If remotely, then there shouldn't be a problem for him to take your daughter.  This is such a "it-depends" question:  how does it affect your daughter?  Does her grades suffer?  Also, you do not state the daughter's age.  If a teenager and they want to go skiing when the slopes are not so crowded on weekends, you might answer "have fun but make sure you do your homework or take lessons with you." Judges differ in opinions.  For me (and I'm not a judge), I don't see this as a "major" educational decision as long as the child does not suffer.   It might be good for your daughter to enjoy time with her dad on vacations.  Vacations are always a good time to bond and something to remember for the rest of her life.  It would be nice and respectful if he asked you first if you had any objections. ... Read More

Yes.  The mother will have to either agree or you'd have to file a Request for Order to have your custodial orders changed to make you have "the right of first refusal" to take care of your son if she cannot take care of him say for an 8-hour period of time or some other period of time.  I always admire fathers who want to take care of their son, especially in their developing years of 6-16 years old.... Read More

Mothers know best.  You haven't stated your age, but you are old enough to send a questionnaire so I am presuming you are over 16 years old?  I will never get in the middle of a mother's command.  When your mother calms down, perhaps you can ask her if you can call your father for other reason other than to invite him to a party.  Obey your mother!!  ... Read More

That is called "child abduction" if she took the children from the state without your permission.  The Los Angeles District Attorney's office has a Child Abduction unit.  You can call 213/257-2600 or google: child abduction Los Angeles County District Attorney's Office.  I noticed that they have "frequently asked questions" section.  Good luck!  ... Read More

Usually child case workers know the correct status of the children.  It's sad but could be true that the adoption has been finalized. If so, then you would have no chance.  You might check the court records or hire an attorney to help you?   You also may be relieved that your nephew got a good home.  You can ask the case worker if you can visit him?... Read More

Why do you think that you must return to California?  The children can start facetiming with father or set up some time where he can come visit the children over Zoom or come to Ohio.  I cannot tell whether you were married to the father.  If necessary, you should develop a plan to start collecting child support from him.... Read More

In California you file a Request for Order to change child custody based on the abuse and in the process you can request a child evaluation.  In a child evaluation the 13-year old and you tell your story to the evaluator.  The evaluator will then reports her/his findings to the judge who ultimately makes the decision whether to change the custody arrangement.  Under California law, the 13-year old must be heard by the court in some method either testifying on the stand or talking with an evaluator.  Of course, in the meantime, you could take her to a psychiatrist or psychologist and seek a report on how that abusive conduct is hurting her.  You would include that report with your Request for Order Change of custody.  This could be very serious in view of the teenage suicide rate.  I had one teenage girl testifying on the stand, and when the judge asked her what she did at father's home, she replied:  "I call suicide prevention."  Good luck!... Read More

You would have to contact a family law attorney in the state in which your daughter now lives OR work on an arrangement with the mother that you want to step up and be a father.  You know that would mean paying child support and helping her take care of the child. Each state has similar but sometimes different procedures for establishing paternity rights.  Good luck!  Your daughter would probably benefit with you being in her life!... Read More