Get free answers to your Child Custody legal questions from lawyers in your area.
I have an open case with Department of Child Support Services, but I do not have a visitation agreement in place. The mother currently has physical custody of our child. I want to establish a custody order because the mother is withholding our child for personal reasons. Should I file form FL-260... View More 
answered on May 12, 2025
If you do not have any existing/open case related to custody you need to file an initial petition. That can be a Petition under FL260, or a Petition to Establish Parental Relationship (aka paternity or parentage) - FL200. The Petition opens your case and you are assigned a case number. You can... View More
I need to file an FL-150 for my child custody case. My 2-year-old daughter, who is disabled, receives SSI. I am currently not working, as I stay home to care for her. My husband, who is not my daughter's father, works. I am filing a regular income and expense declaration and want to know... View More
answered on Apr 30, 2025
You include that "income" on the FL150. You have to disclose it. When a minor child receives Supplemental Security Income (SSI), some of the child's income and resources can be "deemed" available to their parents, affecting the parents' own income and benefit... View More
I represented myself in a combined Domestic Violence Restraining Order (DVRO) and modification of custody hearing. Although the claims of domestic violence were false, I lost because I didn't know how to present my case. The petitioner's original DVRO request didn't include custody... View More
answered on Apr 28, 2025
The inclusion of custody modification in the DVRO hearing likely triggered the application of Family Code Section 3044, which establishes a rebuttable presumption that awarding sole or joint custody to a parent who has perpetrated domestic violence within the past five years is detrimental to the... View More
My boyfriend's 12-year-old daughter is involved in a custody case where her mother hired a lawyer following the receipt of custody hearing paperwork, leading to $3000 in lawyer fees. Her mother told her she wouldn't receive birthday presents due to these fees. The child has expressed... View More
answered on Apr 28, 2025
California courts prioritize the child’s best interests, focusing on their safety and emotional well-being (Family Code Section 33.07). For the mother’s conduct to be deemed emotionally abusive, it must be shown to be extreme and outrageous, resulting in significant emotional distress (Belen v.... View More
When our family case judge would not accept them in my DVRO case per PC 633.6 (b) they were legal
answered on Apr 25, 2025
Drawing from precedent, Br. C. v. Be. C., 101 Cal. App. 5th 259, demonstrates that recordings are admissible when the victim testifies they were made to document abusive behavior for their protection or to support a restraining order application. In that case, the court admitted recordings... View More
What forms need to be filed for initiating a custody case when there is no existing custody case, divorce, or immediate concerns involved?
answered on Apr 15, 2025
It depends. Are you married to the other parent? If not, you initiate a "parentage" action or a Petition for Custody. If you are married and you want custody orders, why not file for divorce or legal separation. In any case, the steps to take are listed on the court's website at... View More
I'm considering suing my ex for emotional damage and distress. He abducted our child from my care in 2020 when she was only 1 1/2 years old, and I've been fighting to regain custody since then. We repeatedly return to court every 3-6 months, with the next mediation scheduled for May 14th,... View More
answered on Apr 15, 2025
In California, a claim for intentional infliction of emotional distress (IIED) requires demonstrating that your ex-partner’s conduct was extreme and outrageous, intended to cause or recklessly disregarded the likelihood of causing emotional distress, and directly resulted in your severe emotional... View More
My husband voluntarily signed over his parental rights for my stepson four years ago, without fully understanding the consequences, due to manipulation from his ex-girlfriend. This was done merely with a notary involved and no legal representation. We attempted to appeal the decision shortly after,... View More
answered on Apr 2, 2025
This is abundantly unclear. By what legal process did he "voluntarily sign over his parental rights?" Appeal what decision? There are very few legal circumstances by which someone can relinquish their parental rights. One such circumstance would be in the case of an adoption (by a... View More
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue... View More
answered on Mar 25, 2025
Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or... View More
I had a court date on March 11, 2025, regarding a parentage case. The respondent filed a request to quash the case, citing my relocation to a new county, but the judge ruled against quashing. During that session, the judge also confirmed paternity, and the respondent signed a paper acknowledging he... View More
answered on Mar 18, 2025
Default occurs when the Respondent does not file a response to the petition for parentage (aka paternity; aka Petition to Establish Parental Relationship). The responding party is not necessarily in default because they do not file a response to other types of filings such as a Request for Order.... View More
I am a stay-at-home husband, a veteran with 100% permanent and total disabilities, earning $50,000 a year. My wife works part-time, and I cover all living expenses. We moved to California six months ago temporarily to stay with my wife’s parents, but our home and my insurance are still based in... View More
answered on Mar 15, 2025
Since no one has filed anything yet and therefore there are no court orders, you are free to move wherever you want. Since you have both lived here (CA) for at least 6 months, Mom can likewise, file here in CA and get custody orders in place, forcing you to bring the child back to CA from Ohio.
I live in a travel trailer owned by my boyfriend's parents on their property, along with my boyfriend and our baby. My boyfriend's parents are filing for custody of the baby, but they're pretending my boyfriend is initiating it. The custody paperwork states we are... View More
answered on Mar 11, 2025
Two very different issues here. One issue is a landlord tenant issue the other is related to child custody. 1) Generally speaking, yes, the homeowners can evict you from their property assuming you are not on any lease or other legal agreement with the property owners regarding your continued... View More
I am involved in a child support and custody case. The other party has not followed prior court orders and has failed to serve me. There are currently no court dates scheduled, and I would like to know if mediation is mandatory in this situation, or if I can move directly to seeking legal... View More
answered on Mar 10, 2025
mandatory mediation is scheduled once a party files a Request for Order for custody/visitation. If no such motion has been filed, no hearings are pending, and you have not been sent an order from the court regarding mediation, then you are not required to go to mediation or set one up.
I currently have a 50/50 custody arrangement with my son's mother, established in 2022 after a previous incident where she took my son to Texas, requiring intervention from the abduction unit. In October 2024, she violated our custody order by taking our son to Sacramento for two months and... View More
answered on Mar 9, 2025
Of course you have to introduce evidence at the hearing. Further, that evidence should be included in your moving papers with a supporting declaration to lay its foundation. Whatever happens in mediation is confidential. Nothing that is said in mediation is admissible in court. Given the... View More
One of the parents of a child currently living with both parents is concerned about custody issues. There is no existing custody agreement or court order in place. The parents are experiencing issues, and one has previously threatened to take the child. Can a parent file for custody of the child... View More
answered on Feb 28, 2025
Yes. A parent can file for custody of the child without a divorce or separation finalized in California. However, there does need to be an open family law case in order to request custody orders. A family law case can be opened in different ways depending on the specific circumstances. Here are... View More
My child's mother has requested my consent for her spouse to adopt my son in California. My son was unlawfully taken by her from Nevada, and she successfully petitioned for full custody in California. Attempts to contact her over the years were ignored. They have filed an adoption petition,... View More
answered on Feb 21, 2025
You are either consenting to the adoption or you are not. Once the child is adopted by the step-Dad, you will lose your parental rights and lose your right to make any demands including for visitation. If you don't want that to happen then you should contest the adoption. In some... View More
I am seeking to have a sheriff serve custody/visitation papers for a minor child, but I do not have the residential address of the person to be served. I have provided the minor child's school address and the names of the people he lives with. I live far away and cannot go there myself, which... View More
answered on Feb 21, 2025
The Sheriff, just like any other process server needs a physical address where the person to be served can be found. If you don't know their residential address, you can use their work address. If you don't know that either and you have done your homework and done your due diligence to... View More
I am seeking a pro bono family law lawyer to assist me with a child custody case. The father currently has full custody of our children, while I have reasonable visitation rights. However, he has kept the kids from me for almost a year and is now attempting to retain full custody and move out of... View More
answered on Feb 21, 2025
You are not alone. Millions of Californians seek free legal representation. Many in worse situations than yours. There are agencies like Legal Aid, but their funding simply cannot provide legal representation for everyone in need. Attorneys do strive to provide pro bono services more than most... View More
I have been married for 13 years, and my spouse and I have been living apart for more than 2 years. We have 3 children together, but no significant assets or properties. We haven't agreed on child custody yet, but I'm currently paying child support every month. I haven't started the... View More
answered on Feb 19, 2025
1) hire an attorney; 2) don't use social media, Google, or this website to teach you how to be your own lawyer. The court's website has a self-help link if you insist on handling this on your own. https://selfhelp.courts.ca.gov/divorce-california
How can I get the venue changed seems unfair to me and a conflict of interest
answered on Feb 6, 2025
You will need to file a motion to transfer a family law case (i.e. change of venue.) A family law case will be moved to another county if you can prove to the court a fair trial would not be possible because your wife works in family law in the same courthouse. My best regards. Rob California... View More
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