Leslie Ellen Shear's Answers

Lost my job. No family or support here. Want to move with Child to different State.

This is general information about California custody law, not legal advice for any particular case. It is impossible to give individual advice of any value without review of your existing child custody orders, and an in-depth interview. California law makes it difficult for a parent who only has a 20% timeshare to successfully oppose a relocation request. That parent must show in his or her written opposition to the OSC requesting a move, that the move would be detrimental for the child. At...

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My daughter has reported me to child protective services 4 times, what can I do to stop CPS from repeated investigations

You can't do it through any court orders. You can only do it through some sort of mediation with your daughter that helps heal that relationship. In Los Angeles County, the Department of Children and Family Court Services uses a computerized program to help them determine which of the 3000 calls to the abuse hot line trigger a visit from a social worker. The fact that prior reports were made increases the chances of a subsequent investigation under this formula. Under California law, the...

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Getting the court to rule differently than the recommendations of the Family court services investigators final report.

Different judges give different weight to FCS evaluations and recommendations. With experienced family law counsel, you can present evidence and expert testimony showing the benefits of the parenting plan you ask the Court to enter, and the risks and problems that the recommendations would present. You can also ask the Court to order counseling for you and your children as provided by the California Family Code. However, unless the therapist has significant training and experience, this...

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Custody

It is difficult to tell if you are asking a procedural question, or asking what facts make a difference in the outcome. The procedures vary, depending upon whether there is already a custody order from a divorce or parentage proceeding. I would not base a decision to seek custody upon a child's stated preference -- while courts must consider such preferences they rarely make a decision based upon what the child says he or she wants at any given moment. Children feel caught in the middle, and...

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Can it be considered abandonment if my mom has temporary guardianship of my six month old son and im not living with them.

If you stay actively involved in your child's care on a frequent basis, and contribute child support, then you should not be treated as having abandoned your child, and subject to termination of the legal parent-child relationship. However, as your mom is the baby's primary caregiver and source of emotional security, a court may find that even when you are "more prepared," it would not be in your son's best interests to interrupt the continuity of his care and give you custody.

Can I take custody of my children from their mother?

A lot goes into considering whether a change of parenting plans is in the children's best interests, and there is not enough information here to support wise decisionmaking. Custody litigation carries high emotional and economic costs -- things usually get worse before they get better. If you are serious about considering seeking modification, you should schedule a paid consultation with an attorney who specializes in custody cases to discuss the risks, benefits and costs of custody litigation -...

How can I get more custody of my daughter under CA child custody law

The Court-ordered parenting plan can be modified by written stipulation of the parents, or by the Court. You can invite your child's other parent to participate in court-connected mediation or private mediation to review the parenting plan, and make changes to reflect the changes in your child's age and other changes in your family. If you reach an agreement in mediation, that agreement can be the basis for a court order. If mediation is unsuccessful, the procedure in California is to file an...

Move away with child

Moveaways are often granted in California. The Court must choose between permitting the child to move with the relocating parent, or changing custody and leaving the child in the care of the parent who remains. If your child's father has not been actively involved in your child's daily care, and you are doing a good job of parenting (and coparenting), and the court can trust you to do your best to protect your child's right to a close relationship with her dad, then the Court probably will...

How can you get out of a marriage if the other spouse is contesting the divorce. There is no children, no property, no assets?

You should consult experienced family law counsel who regularly practices in Hennepin County about how to serve your wife with the moving papers, and how to bring the case to judgment. Where the parties do not agree, the responding party must be formally served with the moving papers under local law, and then will have an opportunity to file responsive pleadings. If she does not, you can obtain a default judgment. If she does, then the case moves on to trial. If there is a Nolo Press guide...

Child custody

I am not licensed to practice in your state, so I'm sharing general information, not a specific legal advice. Please do not rely upon this answer. You should consult experienced family law counsel in your community. In most states, a non-parent can petition the Court to be appointed as the child's guardian. Procedures and criteria for guardianships vary from state-to-state. In many states, the birth certificate is not determinative of legal paternity. Counsel experienced in guardianship...