California Child Custody Legal Questions

At any time during the child's minority physical custody can be changed from one parent to the other parent. Frustration of visitation, concealing the child, endangering the health and safety of the child are in fact three specific reasons for a change in custody. 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

An 18 year old is a legal adult and has he right to move out of their parent's house. There is no legal action that can be taken to keep the child at home that would not cause lasting damage to the child's record. It is not recommended to take such action unless there is a valid reason. When a child leaves home they have the right to take their own belongings.... Read More

Usually an order would state the time the child is with one parent and that the child is with the other parent at all other times. If the order does not state that the child is with the Father on a given day (alternate holiday for example) the other parent, Mother, is not risking legal action by having the child with her during that time. It may be advisable to go into court for clarification. It is not necessary for such a hearing to be expensive. The filing fee for a hearing (if there s no fee waiver) is not very high and an attorney is not mandatory. You should check the filing fee on the court website and when filling out the Request for Order form the box for custody or visitation should not be checked. The box for "other" should be checked and "clarification of order" should be written in.? However, before doing so you should have an attorney take a look at the order to see if the appropriate language is included and if a hearing is, in fact, necessary.... Read More

The evidence should be in the form of a declaration. It is also preferred that you subpoena the medical records to the court hearing. Child support cannot be waived so you can still request that in a separate request for order. You can also go to your local child support services office for your county to request child support.... Read More

You describe a pretty accurate way of calculating his gross income for support purposes. The court would look at his income available for support and grant only appropriate deductions. The Court will sometimes look at a two year average for businesses that fluctuate. The custody and timeshare are generally determined first and then the timeshare is used in the child support calculation.... Read More

First, if you have established yourself as the legal father then you have the right to custody immediately unless the grandparents have a guardianship order. So, you should have custody of your child now in the absence of a guardianship court order. If the grandparents file for guardianship then you can oppose it contending that there is no need for a guardianship and that you are fully capable of caring for your child.... Read More

In California, you cannot record a person without their consent and knowledge. If they leave a message on a recording you can use it. The recorded statements can be used if properly obtained but will not be dispositive of the issue. A judge can make any ruling that is in the best interests of the child. Better to have the other parent agree in writing to a parenting plan that can be filed with the court.... Read More

Does the mother and father live together? The abused child should first speak to his mother for assistance and guidance. If the problems are not rectified and there are continued issues, then the child can speak to a school counselor. There are options with communicating with the department of children and family services or the police; but there are risks of a child being removed from the home. There are many options and issues here that is it best to sit down with a professional before taking the next step.... Read More

This is sounding like you need some help, so I would advise getting an attorney to assist you. Either with or without an attorney, contact them and do something to get more time to complete what you were supposed to do before. Show that you are making this the top priority in your life and will do what it takes to get the safeguards they want in place. Even if they don't agree to give you more time, show up to your court date with proof of what you have done (and make it as close to complete as you possibly can). Cooperation and a significant effort will go a long way, so long as this is the first time you've missed deadlines.... Read More