John Hamilton Kibbler's Answers

With no custody order, does a custodial parent(cp) have the right to limit how the non-custodial parent communicates and visits?

If there was no marriage, you'll need to file a parentage petition. At the same time the petition is filed you can set a hearing (OSC) for temporary visitation and custody orders. Without orders, the non-custodial parent's visitation time is often left to the whim of the other parent. The longer you wait to go to court to get your temporary orders, the harder it will be to change the status quo.

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Retaining order for family laws case

This is an issue between your husband and his ex. You would not have standing to seek restraining order for yourself. I would, of course, strongly recommend that you terminate your attempts to contact the ex; it could possibly considered harassment and she would have standing to get a restraining order against you. Since you are uncomfortable with the communications between the woman and your husband, you need to talk to him about it and express your concerns. If she's communicating with...

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Why is this divorce taking so long?

The question is: what have you done to bring it to a conclusion? Filing and serving the petition is only the first step in a multi-step process. If the other side has defaulted (not responded to the petition), you have to enter her default. If she has responded, you both need to exchange preliminary and final declarations of disclosure. If you agree as to how each of your issues is to be handled, you need to prepare a settlement agreement or a stipulated judgment. If you don't agree, then...

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What are my chances of getting 50% custody of my biological child?

It is correct to say that you and your wife have equal rights regarding your son until the court makes orders that say otherwise. Will the accusation have an effect on your court proceedings? The answer is maybe. Your wife will undoubtedly make the same accusations against you in her moving papers that she made to the police or DA. The judge in your family law matter may decide to believe those allegations, or at least take them into consideration when making visitation and custody...

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Motion for bifurcation denied!

Rule 5.175(b) of the California Rules of Court states that a motion for bifurcation cannot be heard later than the date of the Trial Setting Conference. The judge had no choice. If you have already had a trial setting conference, then you probably have a trial date coming up. Hang on a little longer! Let me know if I can help in any way.

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I had court this morning for a motion to reconsider my divorce judgment. I'm trying to understand why the judge would grant

First of all, there's only going to be one entry of judgment. Generally, after a family law trial, the court will issue its rulings either immediately while you're still in court, or after taking the matter under submission. In the latter case it may take a little while for the court to issue a ruling. The rulings need to be incorporated in a judgment and will not be effective until a judgment is entered. The judgment itself is prepared by one of the parties (generally the Petitioner) and...

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Rights as a step parent in california

I agree with Ms. Jett. If you have had an on-going positive relationship with the boys, you should be able to show a court that it is in their best interests to continue having regular contact with you during your husbands incarceration.

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My 15 1/2 year old son wants to live with me, because of extreme emotional abuse from his mother, now she is hitting him

The police department is right; if you have existing custody/visitation orders that state your son is to be with his mother at certains times, you will have to get that order changed before you vary from it. Your son has no rights that he can exercise independent of your court orders. It's up to you to change them. If you bring the matter before the court, your son may have an opportunity to speak with the judge to express his preferences. If your son is in imminent danger you may wish to...

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Can my sons father get joint custody after six yrs of never even having him over night once?

It is highly unlikely that the court will allow father to go from zero visitation to a joint physical custody situation. In these cases, the courts will generally want to proceed gradually. For instance, the court might initially allow father to have some brief day-time visitation once a week, then, after a few months, increase that to a several hours a week. Overnight visitation will certainly not come right away, and it could be a substantial period of time before the court orders joint...

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Can a 50/50 be modified and relocation to another state be obtained without spending thousands of dollars?

It sounds like you might have a good factual basis on which to change your custody orders. If the situation is unstable in dad's home, and if he threatens physical violence, those could be grounds for reducing dad's custodial time. If he has made threats to you, you may want to consider obtaining restraining orders against him. Regarding your moving away, you will need to modify your existing custody/visitation orders to accomplish that. In opposing such a request, dad would have to...

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