Custody Change Considerations

Summary

Brief Summary: To change your daughters custody, discuss with all parties, apply for a consent order if agreed, or seek a court order if not. Consult a family attorney for specifics. In California, evidence of neglect, abuse, or unsanitary conditions can impact custody decisions. Using your childs money for bills is generally illegal. Seek financial counseling and consult a family attorney. Courts consider the childs best interest, including living conditions and the childs preference. Consult a family attorney for guidance.

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I want to keep her but from what i heard it would be best if she lives with her grandma but i don't want to lose her
It's crucial to prioritize your daughter's best interests. In California, courts generally prefer solutions where both parents are involved.
*. Have a frank discussion with your daughter and her grandmother.
*. Consider mediation if agreement cannot be reached.
*. Consult a family attorney for professional guidance.
My daughter has evidence against me for neglect and abuse ans unsanitary living conditions and she has to share a room with me
In California, evidence of neglect, abuse, or unsanitary conditions could impact custody decisions. It's recommended that you:
*. Consult with a family attorney.
*. Try to rectify the issues raised.
*. Consider mediation to reach a resolution.
I have used money out of her bank account but that was to help pay bills
Using your child's money for bills could be seen as financial abuse. In California, it's generally illegal. Consider:
*. Reimbursing the money used.
*. Consulting a family attorney.
*. Seeking financial counseling to manage finances better.
I said I'll put the money i used back but she has papers showing most of her money being gone
In California, it's important to maintain a clear record of all financial transactions related to your child's account. If most of her money is gone, you should:
*. Reimburse as promised.
*. Maintain clear records.
*. Consult a family attorney for guidance.
I don't have the money right now i got fired awhile back and then i was in the hospital and i barely started working again
I understand your financial situation is difficult. Have you considered reaching out to local social services for assistance? They might be able to guide you with financial counseling and other resources.
No not yet
There are social services in California that can provide financial and legal aid:
*. California Department of Social Services
*. Legal Aid Society of San Diego
*. California Rural Legal Assistance
They can help guide you through this process.
Oh ok yeah she has pictures of the unsanitary living conditions here and pictures of her grandma's house showing how clean it is
Evidence of living conditions can influence custody decisions in California. You should:
*. Clean and improve your living conditions.
*. Document these improvements.
*. Consult a family attorney for further advice.
This is my parents house and I'm to busy and in to much pain to clean the house
I understand your situation. In California, child welfare is paramount. If cleaning is a challenge due to your health, consider:
*. Hiring domestic help.
*. Seeking assistance from social services.
*. Engaging family or friends.
*. Consulting a family attorney for more options.
Yeah she has a picture of the shower where there is black mold in the corner it's only a small amount though
Even small amounts of mold can be harmful. In California, landlords are required to provide habitable housing. You should:
*. Notify the landlord about the mold.
*. Document the condition and any communication.
*. Consult a family attorney for legal advice.
What happens if they do homw inspections and see the mold and jow the house is unorganized?
In California, if Child Protective Services (CPS) conducts a home inspection and finds unsanitary conditions, it can impact custody decisions. It's crucial to:
*. Remove the mold.
*. Improve living conditions.
*. Consult a family attorney for further guidance.
Her grandma's house is always very clean the only semi dirty part is her garage but they clean that when they arent busy
Having a clean home environment is important for the welfare of a child. Would you consider a temporary arrangement where your daughter stays with her grandmother until you can improve your living conditions?
No she is in my custody until she is *
I understand your feelings. However, in California, the court's primary concern is the child's best interest. If your current living conditions are unsatisfactory, it could impact custody. Have you considered speaking with a family attorney to understand your options better?
Can her grandma get temporary custody of her until all this is settled? Even if i say no
In California, temporary custody can be granted to a non-parent if it's in the child's best interest. Factors considered could be:
- Evidence of abuse or neglect
- The child's preference (if of suitable age)
- The quality of the home environment
A family law attorney can provide specific advice based on your situation.
My daughter is * she said she's going to speak in court and say why she wants to live with her grandma
In California, the court can consider the wishes of a child who is sufficiently mature, often around 14 years old. If your daughter expresses her desire to live with her grandmother, the court may take it into account. A family law attorney can guide you through this process.
She also said she's going to have friends and family write letters to the court seeing the positive changes from spending more time with her grandma
In California, letters from friends and family can be considered as character references. However, the court will weigh these against all other evidence. It's important to:
*. Seek legal advice from a family attorney.
*. Understand your daughter's wishes.
*. Address any issues raised.
*. Attend all court proceedings.
What is character references?
Character references are letters or statements written by someone who knows the individual well and can vouch for their character and abilities. In custody cases, they provide insight into the person's parental fitness. They're taken into account but don't determine the outcome.
Oh ok so they can be used against me?
Yes, character references can be used in court to support or challenge a parent's ability to provide a safe and healthy environment for their child. It's important to consult a family law attorney to guide you through this process.
What can she and her grandma use against me?
Based on your situation, they may use the following against you in court:
*. Evidence of neglect and abuse.
*. Unsanitary living conditions.
*. Evidence of financial issues (using your daughter's money).
*. Your daughter's preference.
*. Character references supporting your daughter's grandmother.
Remember, this is general information. Consult a family law attorney for advice specific to your case.
Oh ok my daughter says i recently neglected her medically when she had tonsillitis she said her symptoms and showed me a picture of her throat and I said that sounds and looks like tonsillitis because ive had it several times in the past and i showed my mom the picture and said her symptoms and my mom said yeah that sounds like tonsillitis and my mom gave her some antibiotics that were prescribed to her my daughter said that i can't do that because she should've been professionally checked and we could've made her sick from giving her antibiotics without a professional diagnosis
Medical neglect allegations can be serious in custody cases in California. If the claim is substantiated, it can influence the court's decision. It's important to:
*. Seek professional medical advice for your child's health concerns.
*. Consult a family law attorney for further guidance.
*. Refrain from administering prescription medications without a doctor's guidance.
She said that it was illegal for me and my mom to give her prescription antibiotics
In California, it's generally illegal to share prescription medications. It's essential to always:
*. Seek professional medical advice before administering medication.
*. Follow the prescribed treatment plan.
*. Consult a family law attorney if allegations of medical neglect arise.
My daughter has a picture of the medicine bottle showing my moms name and she also has a picture of her throat and how it looked can she use that against me?
In California, evidence of medical neglect, such as administering prescription medication without professional advice, can impact custody decisions. It's crucial to:
*. Consult with a family attorney.
*. Ensure professional medical attention for your child.
*. Refrain from administering prescription medication without a doctor's guidance.
I'm scared because she has so much evidence against me and her grandma has a safe, clean,loving and supportive environment and is willing to take care of her
I understand your concerns. It's crucial to consult a family attorney who can provide guidance based on all the specifics of your case. Have you already contacted a legal professional for advice?
No i don't think i really need one
It's highly recommended to consult with a family attorney given your situation. They can provide guidance tailored to your specific circumstances and help navigate potential legal challenges. Legal aid services in California may offer free or low-cost consultations.
So what I've learned based on everything my daughter has a very high chance of going to live with her grandma?
Based on the information you've shared, there are factors that could potentially influence a court in California to consider granting custody to your daughter's grandmother. However, it's vital to consult a family law attorney for specific advice tailored to your situation.
What can i say to keep custody of her? I have full custody of her since my wife passed away
In California, you can argue for maintaining custody by demonstrating:
*. You're taking steps to improve your living conditions.
*. You're actively addressing financial issues.
*. You're seeking professional medical care for your daughter.
*. You're willing to participate in counseling or parenting classes if necessary.
Consult a family law attorney for detailed advice.
What would have happened if my daughter went to court with all the evidence without me knowing?
In California, if your minor daughter presented evidence in court without your knowledge, the court would likely:
*. Notify you of the proceedings.
*. Allow you to present your side.
*. Consider all evidence before making a decision.
Unrepresented minors typically have a guardian ad litem or attorney appointed for them. It's recommended you consult a family attorney for specifics.
Oh ok and what happens if i can't go because of work?
In California, court proceedings are generally considered a legitimate reason to miss work. If you can't attend:
*. Request a hearing reschedule.
*. Ask a family attorney to represent you.
*. Consider remote participation if available.
It's crucial not to miss family court proceedings.
So i can have a lawyer talk for me?
Yes, in California, you can have a family law attorney represent you in court. They can present your case, examine evidence, cross-examine witnesses, and argue on your behalf. It's crucial to communicate openly with your attorney to ensure the best possible representation.
What happens if i don't go just because i don't want to?
In California, not attending a court hearing without a valid reason can have serious consequences, such as:
*. The court may proceed without you, often to your disadvantage.
*. You may lose the opportunity to present your evidence or arguments.
*. The court could issue a warrant for your arrest in some cases.
It's critical to always attend court hearings or have legal representation.
For number * in what cases?
For number *, an arrest warrant may be issued if the court perceives your absence as contempt of court, especially if it's a repeated behavior. It's crucial to communicate with the court or have legal representation if you can't attend. Always consult a family law attorney for specifics.
Would i have to pay child support if i lose?
In California, if a non-custodial parent loses custody, they're typically required to pay child support. The amount is determined by several factors, including:
*. Your income.
*. The number of children you have.
*. The amount of time each parent spends with the child.
Consult a family law attorney for specifics.
I have * other children i didn't raise my parents rasied * of my daughters and my youngest son was rasied by his mom and my oldest son was raised by his grandparents
In California, child support is generally determined per child and each situation is considered separately. However, having multiple children can impact the amount of support required. It's important to consult a family law attorney for specific advice based on your situation. Do you have legal representation for these matters?
Her grandma and her step grandpa make good money would that help her case?
In California, the child's best interest is the primary consideration. The grandparents' financial stability could be a factor, as it may enable them to provide a stable environment. However, the court will consider many factors. Consult a family law attorney for specifics.
What can i say to prove her grandma unfit?
In California, to challenge the fitness of a custodial party, you should provide evidence of:
*. Neglect or abuse.
*. Substance abuse issues.
*. Unstable living conditions.
*. Any behavior that could harm the child's wellbeing.
However, making unfounded allegations can backfire. Consult a family law attorney for guidance.
What is behavior that could harm the childs well-being?
In California, behavior that could harm a child's well-being can include:
*. Substance abuse in the child's presence.
*. Verbal, physical, or emotional abuse.
*. Neglect, including failure to provide adequate food, clothing, shelter, or medical care.
*. Exposing the child to domestic violence.
*. Unstable living conditions.
Always consult a family law attorney for advice specific to your situation.
What are substance abuse issues?
Substance abuse issues refer to the misuse of substances like alcohol, prescription drugs, or illegal drugs, which can lead to addiction. This can negatively impact a person's ability to function and could harm a child's well-being if they're exposed to it. Please consult a family law attorney for specific advice.
My daughters grandma will have like one or * beers a day but she doesn't drink everyday and she doesn't get drunk
In California, moderate alcohol consumption isn't generally considered substance abuse. However, if there are concerns about the child's safety or well-being related to alcohol use, it could be relevant. Are there any incidents where her behavior while consuming alcohol has negatively impacted your daughter?
No never
In that case, moderate alcohol consumption alone is unlikely to be considered a factor negatively impacting her ability to care for your daughter in California. However, if other issues arise, you should consult a family law attorney for guidance.