A few questions reguarding Child custody rights, (parental) laws, etc... for CA.

[Celstialrs]

If the Joint custody was split 80% for one parent and 20% for the other parent. What legal rights does the 20% parent have?
Such as does that parent have a right to know where their children are enrolled in school, or whom the children's doctors are.
Is the parent with 80% allowed to move out of the county without confirming it with the other parent, hence any notification was not written nor confirmed just warned it MIGHT happen.

If the children involve no longer are in daycare, and if the parent paying most of the child support suspects that the child support is being used wrongly how can that parent aside from getting it reviewed, request the payments lowered?

How can one parent get the other parent to meet half way (4 hour drive one way, during full trip)without having to go to court. When a Verbal request has been denied by the other parent.

Are therapist, counselors, anyone in that field allowed legally to say what the child has said to them to the parent? If anyone can give me more information on what the child's rights are to privacy when it comes to therapist(shrinks, etc...) I'd greatly appreciate it.

A great thanks to anyone who replies to this.
M

 

[Celstialrs]

<b><<In California, once an order for child support is made, and an amount is set, it doesn't matter what the CP does with the money, and you are not entitled to an "accounting". Once the money is paid over, you have no right to any control of the same. If you feel that there has been a significant, and sufficient, change in circumstances, you are more than welcome to file a
Petition to have you support payments reduced. Don't hold your breath or count on it happening, however. >></b>

But each parent has the right to have it all reviewed, etc... on the child support issue. Do note I did not ask about having the right as to how the chid support is used. But the child support "should naturally go" to helping the child correct?

What exactly is considered when setting the child support fees? Is it just income alone or is it also considering other factors like the parents rent, etc...?

Again thanks
M.

 

[I AM ALWAYS LIABLE]

My response:

Are you the stepparent or girlfriend of the NCP who is asking these questions ?

IAAL

 

[Celstialrs]

I do not feel that my relationship with the NCP has anything to do with actually getting answers to my questions.
I am however trying to find out what the NCP should be aware of since from what they have told me they(theNCP) was unaware of their rights, except for what the CP has mentioned to them.
Yes, they(theNCP) has requested and accepted my help to do this, hence I have more time to actually find out what they can do.

A few more questions or just one more...

If the CP moves without giving the other parent written notice, etc...? What can the NCP do about that?
M

 

[Moon Baby]

Your post is a little confusing, you sound like a CP asking questions as an NCP.

YOU ASK: If the Joint custody was split 80% for one parent and 20% for the other parent. What legal rights does the 20% parent have?

RESPONSE: The parent with 20% has the same rights as the parent with 80%.

YOU ASK: Such as does that parent have a right to know where their children are enrolled in school, or whom the children's doctors are.

RESPONSE: Absolutely! Not only does that parent have the right to any and ALL information pertaining to the said child(ren), BUT, all that information should be shared regardless of how much you dislike the other parent. That parent IS a part of the child’s life whether you like it or not and cannot be cut out of the child’s life just because you don’t like them. Chances are, if you do not help foster the relationship between the child and the parent, this can be used against you in court.

YOU ASK: Is the parent with 80% allowed to move out of the county without confirming it with the other parent, hence any notification was not written nor confirmed just warned it MIGHT happen.

RESPONSE; Even if you think you are moving out of the county and you have custody of the child(ren), YES you must notify the other parent 45 days PRIOR to the move in writing.

YOU ASK: If the children involved are no longer in daycare, and if the parent paying most of the child support suspects that the child support is being used wrongly how can that parent aside from getting it reviewed, request the payments lowered?


RESPONSE: Who else is paying support? You state “…If the parent paying the most support…” If the child(ren) are no longer in day care, you should be honest enough to let the other parent know what the after-school arrangements are, if the child is staying with a relative, you need to share the information with the other parent, as well as the phone number so that parent may contact the child(ren). When a modification is requested, and the parent who pays support isn’t making as much money as they were before, then yes payments will be lowered.

YOU ASK: How can one parent get the other parent to meet half way (4 hour drive one way, during full trip)without having to go to court. When a Verbal request has been denied by the other parent.

RESPONSE: The best way to adhere to any kind of agreement is to get a court order, signed by a Judge. It doesn’t sound like you and the other parent get along, so obviously a verbal agreement is out of the question.

YOU ASK: Are therapist, counselors, anyone in that field allowed legally to say what the child has said to them to the parent? If anyone can give me more information on what the child's rights are to privacy when it comes to therapist (shrinks, etc...)

RESPONSE: NO, any time a child sees a Therapist, Mediator, Evaluator, or even a Judge, is to maintain the status of confidentiality.

YOU STATE: Do note I did not ask about having the right as to how the chid support is used. But the child support "should naturally go" to helping the child correct?

RESPONSE: In some cases, the Judge will request that the receiving parent show where all monies are spent toward the child, If the child is always wearing hand me downs, doesn’t have money for lunch, then finances should be looked at. If the CP is asking the NCP for additional money to pay for extracurricular activities and school supplies, then yes, the NCP could ask where the monies are being spent.

YOU ASK: What exactly is considered when setting the child support fees? Is it just income alone or is it also considering other factors like the parents rent, etc...?

RESPONSE: Support is based not only on the parents income, but on household income as well. So if you are married and the NCP demands that household income be included, it may be granted by the Judge. Rent and utilities have nothing to do with it- there are cheaper houses, apartments, etc out there that you can get into.

YOU STATE: If the CP moves without giving the other parent written notice, etc...? What can the NCP do about that?

RESPONSE: Depending on how far away the move is, NCP can take you to court for possibly trying to alienate the child from them. BUT, know this, the NCP can move wherever they want, because they do not have custody of the child(ren).

For the sake of the child, get along, not everything has to be one sided. Compromise.

 

[Celstialrs]

Thanks to those who have replied to my questions. <<
Your post is a little confusing, you sound like a CP asking questions as an NCP. >>

I'd like to note I have been asking these questions on behalf of a good friend. As they were very unsure of what their actual rights were, etc...I am not a parent at all in any form. So, please do not assume that it is I that I'm asking these questions for when it is obvious I am not asking for myself.

Again thanks For all replies they have been most helpful.
M.

 

[Trisha Clark]

CA Custody

I've been there too. I did all of my husband's research for his child support and custody case in Ventura. The one thing we learned the hard way is GET IT IN WRITING.

Verbal agreements don't help, especially if it's an "uncivil" relationship. My husband and his ex are constantly arguing over every little detail.

Write down everything you may want in this case, and keep in mind that JOINT LEGAL CUSTODY grants you access to all records and documentation on the child, and joint physical custody (even if one parent has the child 80% and the other parent has the child 20%) is still JOINT PHYSICAL CUSTODY, and you still have EQUAL rights.

Protect yourself; protect the child. Get it in writing, and then make sure they comply with the order.