Child Custody Legal Guidance

Summary

In California, the health, safety, and welfare of children are prioritized under Family Code Section 3020. Resource parents must disclose significant household changes, including new adults, to child welfare agencies. You can file a formal complaint with CWS about undisclosed individuals and request a court hearing to modify custody and visitation arrangements. Consider seeking guidance from family court facilitators and exploring options to modify any restraining orders to improve communication regarding your children. Legal aid organizations or pro bono services may also offer support.

Full Conversation

Gerald
Hi Gerald! How can I assist you with your legal issue today?
I'm in California and separated from my domestic partner in December of * we have a daughter in child custody together between us and I have a son from a previous relationship with his mother deceased. In July my son was taken by CWS and placed in my soon-to-be ex-wife's home with her as the resource parent. My wife / resource parent has a new boyfriend that is around my son and our daughter that she will not inform me of who he is and neither will the social worker for CWS. Is there any rules or laws pertaining to child custody or CWS in the state of California that I could use to help me as I feel him being in the picture might hinder my reunification with my son and my relationship with my daughter
Gerald, in California, several laws and regulations can help you in your situation:
- California Family Code Section * emphasizes the health, safety, and welfare of children.
- Under California Welfare and Institutions Code Section *.*, resource parents must disclose significant details about other adults in the home.
- You can request a court to review the placement and visitation arrangements.
Have you considered requesting a modification of the custody arrangement through the court?
I tried to look up the California welfare and institution code you mentioned and it doesn't State anything there about it can you give me a quote at outline of what you mean by that
Hi Gerald, here's a brief outline of California Welfare and Institutions Code Section *.*:
- Resource parents must inform the child welfare agency about any significant changes in the household, including new adults living in the home.
- The agency should consider the safety and well-being of the child in these situations.
Have you discussed your concerns with a family law attorney?
I'm not able to afford an attorney and the resources in my area are unable to help me. It's been really hard
Gerald, I understand your situation is challenging. You might consider the following steps:
- File a formal complaint with CWS regarding the undisclosed boyfriend.
- Request a court hearing to modify custody arrangements.
- Seek assistance from legal aid organizations or pro bono services in California.
Have you contacted any legal aid organizations for support?
I have contacted legal aid but the resource parent / domestic partner wife got a restraining order for me texting and calling her in February and most places are unable to help me because that is in place still
Gerald, considering the restraining order in place, you might find it challenging to get help from some resources. Here are a few steps you could take:
- File a formal complaint with CWS about the new boyfriend.
- Request supervised visitation rights through the court.
- Seek a modification of the restraining order to facilitate your involvement in your children's lives.
Have you tried contacting any family court facilitators for guidance?
I have supervised visits with my son * hours a week and have had my daughter */* of August September and October unsupervised overnights and vacations.
Gerald, it appears you are already making progress. Here are some steps to consider:
- File a formal complaint with CWS about not being informed about the new boyfriend.
- Request a court hearing to review and potentially modify the custody and visitation arrangements due to the new boyfriend's presence.
- Seek guidance from family court facilitators.
Have you considered filing a motion to modify the restraining order to allow for better communication regarding your children?
I have contact with my children but the resource parent my wife has a hatred for me and does not support me and my reunification of my son. And I feel the new boyfriend is being groomed to take my spot and impeding on her role as a resource parent in my reunification
Gerald, considering your challenging situation, you might consider taking the following steps:
- File a formal complaint with CWS about the undisclosed boyfriend and potential impact on your reunification.
- Request a court hearing to modify custody and visitation arrangements.
- Explore options for modifying the restraining order to improve communication regarding your children.
Have you explored any options to modify the restraining order to facilitate better communication regarding your children?
in my reunification
Gerald, here are some steps you can consider to support your reunification efforts:
*. File a formal complaint with CWS regarding the new boyfriend and its potential impact on reunification.
*. Request a court hearing to review and modify custody and visitation arrangements.
*. Seek advice from family court facilitators on modifying the restraining order.
Have you tried reaching out to any family court facilitators for further guidance?