California Child Custody Legal Questions

It depends if there are court orders regarding custody and if the father has established legal paternity rights. Are there court orders? Is there a voluntary declaration of paternity signed by the father and mother declaring that you are the natural father of the child. How old is the child? These questions should be discussed with an attorney to determine your parental rights.... Read More

You need to obtain court orders for custody and visitation if you don't have them. If you have court orders in California then you can take action to enforce them by both attempting to modify the court order and registering the court orders in the child's new state. If there are no custody orders at all, then you have to file a new case for custody orders in the child's new State since the child has lived there more than 6 months. You should consult with an attorney in both CA and the new State for more specific advice.... Read More

At first glance, your daughter's reason does not appear unjustified. You should talk with the dad and your daughter about modifying the plan so that you still have your daughter with you a reasonable amount of time when you are not at work. If you choose to enforce your rights, you can tell the father to follow the orders and attempt to get assistance from the police to enforce your order. This usually does not prove successful.... Read More

If your hearing is about the child support issue, and there is a change in circumstance you can file a new FL-150 form which is the Income and Expense Declaration. If you want to request money for child care you should include receipts or a copy of a contract or a cost estimate for the child care.... Read More

First, you should be able to still request a custody order in the existing court case. If the parent has fled with the child then you can go to court and request an emergency order for custody and for the child to be returned to you. All requests for orders are done using form FL-300 and any relevant attachments.... Read More

Generally if the father and child are living together full time (and the father is helping support the household) there should not be a child support order. However, the father would have to take affirmative action to have the court change the order, or you can prepare a stipulation and order that you both sign to change the support order to zero.... Read More

The parent with custody should file in their own state; Otherwise you would have action in two states; one for the divorce and one for custody. You would file in your State and serve the summons and Petition to the other spouse by certified mail or by having the other spouse sign a notice and acknowledgement and receipt form.... Read More

You could hire an investigator to find her. You can check websites like people smart and intelligent to try to get an address. You will have to file a paternity action and request custody and visitation orders. You will probably have to file in the State where the child lives if there is no case in California.... Read More

Generally, there are custody orders that need to be followed. You should discuss with your mother either seeking or modifying custody orders so she can ask the court for you to live with her. You should have your mother consult with an attorney and you should inform your mother if you feel unsafe at any time. In case of an emergency such as physical abuse, you should call 911.... Read More

If there is a divorce case or custody case pending then there is a restraining order preventing moving the child from California. If there is no court case, then the child can be removed from the state. The mother should make sure that the father can contact her to avoid possible legal problems.... Read More

Unless your paternity rights have been terminated by a judicial order, you still have an obligation to pay child support. If you have parental rights you have the right to visit the child in most cases, and sometimes the visitation has to be monitored. You should consult an attorney with your documentation so an accurate assessment of your situation can me made.... Read More

There are a number of different factors that need to be evaluated to determine if you are the legal father. Also, important is the current age of the child. Did you sign a Declaration of paternity document and how long ago. It is also important that there be another potential person who could be the legal father. I recommend that you seek legal counsel for such an issue.... Read More

If you have a court order for custody/visitation in your previous state, that state still has jurisdiction to make court orders. In your new State, if needed, you can register the existing orders as a foreign order for enforcement purposes. Lastly, your new State can make orders if there is an emergency by exercising temporary emergency jurisdiction. If there are no court orders, you can file a custody case after living in the new state for 6 months.... Read More

Of course you maintain a right to privacy for yourself, but the decision on whether or not to tell your social worker should not be made lightly. First, be honest with your social worker. If she/he asks, then tell the truth. If they ask why you did not tell them immediately, look surprised and say something like "I was waiting until 22 weeks to make the announcement" (or something like that, unless you have already told friends and family). If part of your case plan for your other children involves domestic violence and you are supposed to have terminated the relationship with the abuser, being pregnant can imply that you have not done so. If domestic violence is not an issues in your prior CPS history then you are probably fine to tell the social worker.... Read More

You should have proof of parentage such as birth certificates. You can use police cooperation to pick up the children. So long as the "guardians" have not filed in court nor have a court ordered guardianship you can retrieve the children. Accordingly, you should pick up the children without warning the "guardians".... Read More

Have you been adjudicated the father and do you have a judgment of paternity? If yes, then no she can't but you should file an objection to her moving. If she won't take her, you keep the baby and file a motion for custody, placement and child support. If you have not been adjudicated the father, she can move the baby anywhere she wants. You need to file a paternity action if you want to stop her from moving.... Read More