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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 5
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Child Custody
California

Recent Legal Answers

If my nephew has been living with me since June 2015, her mother has little to no contact with him, can her mother get him back?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can file a Petition with the Court to request that you are the legal guardian.
You can file a Petition with the Court to request that you are the legal guardian.

Do I have to go to court in another state or does he have to come to my state?

Answered 8 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Start the adoption proceedings and as a part of that he can either voluntarily relinguish his rights or the court can teminate them.. Your lawyer will know the process.
Start the adoption proceedings and as a part of that he can either voluntarily relinguish his rights or the court can teminate them.. Your lawyer... Read More

Would allowing me to visit my son but not telling him I’m his mother a reasonable condition on visitation?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I would recommend abiding by the guardians wishes for this first visit, unless you want to postpone it. The issue would have to be evaluated and perhaps an expert needs to be consulted or perhaps the child will need counseling. It depends on what has happened in the past. You may also need a judge to clarify that the condition imposed by the guardian is not reasonable or not the type of condition contemplated by the Court. If their is a probate counsel that represented the child you may want to contact that attorney for clarification and recommendation.... Read More
I would recommend abiding by the guardians wishes for this first visit, unless you want to postpone it. The issue would have to be evaluated and... Read More

Can my mom take me and my brother out of school and enroll us in school with her?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there is no court order, then there is really nothing prohibiting your mother from exercising her parental rights. She must be prepared to either prosecute or defend a custody case in court. It is also important the age of you and your brother. The older you are the more likely you can choose where you want to live. An attorney reviewing the case would also inquire about the father's parental rights being established. Lastly, if any child feels like they are being abused or being harmed they can contact their parent, a relative, the police, or the department of children and family services for help.... Read More
If there is no court order, then there is really nothing prohibiting your mother from exercising her parental rights. She must be prepared to either... Read More

How can I legally terminate the parental right of the biological father?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would usually need to have another man such as a husband to do an adoption and then be able to prove that the bio dad has abandoned the children. In most cases, that would involve no contact from the father nor payment of child support for more than one year.
You would usually need to have another man such as a husband to do an adoption and then be able to prove that the bio dad has abandoned the children.... Read More

What is the process of getting the other parent to sign over his rights?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You would prepare a stipulation and order detailing the custody and visitation rights and have both parents sign the stipulation and file it with the court in a pending case.
You would prepare a stipulation and order detailing the custody and visitation rights and have both parents sign the stipulation and file it with the... Read More

Can I be held responsible for paying support when another man signed the child’s birth certificate?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are responsible for paying child support if you are a legal father. You need to have your case reviewed by an expert on paternity law. You need to find out if another man and the mother signed a voluntary declaration of paternity when the child was born. If the mother was married and the age of the child is also important. The facts regarding your relationship to the child also need to be evaluated.... Read More
You are responsible for paying child support if you are a legal father. You need to have your case reviewed by an expert on paternity law. You need... Read More

Can a guardian move my child out of state?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The existing orders would need to be evaluated closely. The answer may also depend on your visitation rights. If the visitation can still be accomplished without interference the move may be allowed. If your visits could not be accomplished then the move would violate the court order. You should explore filing a petition with the court to prevent the removal of the child and/or modifying your visitation rights. You can also explore whether the guardianship is still necessary.... Read More
The existing orders would need to be evaluated closely. The answer may also depend on your visitation rights. If the visitation can still be... Read More

Can I move out of state if the father of my 5-year old son hasn't seen him in over 2 years now and there is no custody agreement in place?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If there are no court cases for custody and no court orders for custody, then you can move to a new state. You should make sure that the father continues to have a wait to contact you and the child such as your phone number.
If there are no court cases for custody and no court orders for custody, then you can move to a new state. You should make sure that the father... Read More

If I want to know my rights, my wife left me took my kids she move out of state?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If the children are back in the State of California, you may want to file a Petition for Custody so there will be a restraining order preventing her from leaving the state with the children again. You may want to request order restraining the children's removal and it is a good time to seek joint physical custody orders if the children are living with you now.... Read More
If the children are back in the State of California, you may want to file a Petition for Custody so there will be a restraining order preventing her... Read More

How do I get custody if the father of my son and I are not married, lives with his mother and does not pay child support?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
First, an attorney will have to evaluate whether the "father" has established his legal rights. You would most likely file a Petition in the Court and request custody and support orders. The proper court is in the county where your child lives.
First, an attorney will have to evaluate whether the "father" has established his legal rights. You would most likely file a Petition in the Court... Read More

Do I have to pay child support if I can barely support myself?

Answered 8 years and 8 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your child support obligation is based on your gross income and the timeshare you spend with the child. There are some deductions allowed for health insurance, taxes and some job related expenses. Your general living expenses are not considered in calculating guideline. In some cases a judge may award a below guideline amount if you show your income covers your basic living expenses and it would be in the best interest of the child.... Read More
Your child support obligation is based on your gross income and the timeshare you spend with the child. There are some deductions allowed for... Read More

Is a judge allowed to create a custody order without informing the mother who the child resides with since birth?

Answered 8 years and 9 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
More information is needed about where the court case is pending and how you were served papers. You probably have the right to modify or set aside the custody order. It also would matter if the child is in a different state or only in a different county.
More information is needed about where the court case is pending and how you were served papers. You probably have the right to modify or set aside... Read More

What can we do if my step-granddaughter's father has cut off visitation to my wife and me of our granddaughter?

Answered 8 years and 9 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Dear Grandpa, to politely correct your thinking, there are in fact forms for Grandparent visitation, custody, and other issue forms. I do believe competent legal counsel would be a benefit to you. It is certainly not easy to obtain grandparent visitation rights but with your facts it seems the possibility is a great potential. 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 More
Dear Grandpa, to politely correct your thinking, there are in fact forms for Grandparent visitation, custody, and other issue forms. I do believe... Read More

How do I prepare for a difficult custody battle?

Answered 8 years and 10 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Preparing for a custody battle is done the right way the first time or you risk losing a significant amount of time with the children for the rest of their minority. Although custody and visitation is ALWAYS modifiable, if you start of on ?the wrong foot? there is no way to go back. 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 More
Preparing for a custody battle is done the right way the first time or you risk losing a significant amount of time with the children for the rest of... Read More

If a father is not on the birth certificate and has had no contact for 8 years, does he have any rights to the child?

Answered 8 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The issue of paternity begins on whether the parents signed a declaration of paternity, and whether the father qualifies as a presumed parent under the law. Most cases of presumed parent status involve the situation when the child was received into the father's home after the birth and held the child out to the public as his child. There are many other complexities to determining paternity. You should contact an attorney to discuss your particular circumstances.... Read More
The issue of paternity begins on whether the parents signed a declaration of paternity, and whether the father qualifies as a presumed parent under... Read More

If it is determined that I am the father, can the family request back child support or will I only have to pay from the time it is determined?

Answered 8 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Generally, child support is only prospective and would only be ordered started from the date you are served a court request for child support. You can also explore your parental rights if you want custody of the child or visitation.
Generally, child support is only prospective and would only be ordered started from the date you are served a court request for child support. You... Read More

If I have been raising my friend’s daughter since she was 6 months old, do I have any guardianship rights?

Answered 8 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You can file a Petition to the Court to be named the legal guardian of the child. If a guardianship is approved then it would mostly likely stay in place in the future. In a guardianship case, the court can grant and make orders for visitation for the father. The risk of requesting the guardianship is if it is opposed by father then he may request custody. You should probably speak with the father if he will consent to a guardianship so you will have legal rights to assist in school enrollment, passports, driver's license and medical decision issues.... Read More
You can file a Petition to the Court to be named the legal guardian of the child. If a guardianship is approved then it would mostly likely stay in... Read More

Can I get in trouble if I see the kids in my own home?

Answered 8 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You should contact an attorney in the County of the court that issued the support order. Your court order may be excessive. In many cases the court can add an amount for child care costs for the parent to be able to work or go to school. With respect to garnishments there is generally a 50% limit. You should have your situation review in case the amount needs to be modified. Child support is usually only about 25% of net income.... Read More
You should contact an attorney in the County of the court that issued the support order. Your court order may be excessive. In many cases the court... Read More

How would a 12 year old withdraw money from his trust?

Answered 8 years and 10 months ago by Mr. Alfred Edwin Fahlen (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
At a minimum there are 5-ways to remove money in a trust for a minor. The trust instructions, a Guardianship, place in a blocked account, seek court approval, seek trustee duties.
At a minimum there are 5-ways to remove money in a trust for a minor. The trust instructions, a Guardianship, place in a blocked account, seek court... Read More

What are my rights as a mother if paternity of the father is negative?

Answered 8 years and 10 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would appear that this father is the legal father. It does not matter whether he is the "bio-dad" or not. You and your daughter to not have to agree to any paternity testing, and can oppose any such request. The father still has the obligation to pay the support.
It would appear that this father is the legal father. It does not matter whether he is the "bio-dad" or not. You and your daughter to not have to... Read More

If I have a sole custody, parent no showing to almost all visits, can request the court to take away her visitation rights?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is difficult to get a no visitation order. You generally will need an expert to opine that any visitation is harmful to the child. You don't say what the present visitation order is. You may be able to request a modification to limit the visits so there is more certainty.
It is difficult to get a no visitation order. You generally will need an expert to opine that any visitation is harmful to the child. You don't say... Read More

If court order states child support ends at age 18, does statute of it ending at age of majority supersede court order?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
My opinion is that the Court order would govern, and the custodial parent would have to request from the Court that the child support be extended.
My opinion is that the Court order would govern, and the custodial parent would have to request from the Court that the child support be extended.

What do I have to do for them to lower my support?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The primary factors that will effect the child support are the timeshare percentage you have with your children, your income, and the income of the custodial parent. If any of these change, you can explore a modification of child support.
The primary factors that will effect the child support are the timeshare percentage you have with your children, your income, and the income of the... Read More

If my daughter, her newborn and father of the baby are living together at my daughter’s mother’s house, does child support terminate?

Answered 8 years and 11 months ago by Gerard A. Fierro (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would not automatically terminate. It would also depend if the obligor parent is supporting the household or supporting the child. The father could request that the support be terminated if he is otherwise supporting the child; or perhaps later request "Jackson" credits. The father's claim would be stronger if he was supporting the household.... Read More
It would not automatically terminate. It would also depend if the obligor parent is supporting the household or supporting the child. The father... Read More
Child Custody
California

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