can a family law judge give a noncustodial parent sole custody with no evidence or proof only allegations?
140013
Yes.  Unlike other courts, Family Court Decisions are pretty much up to the Judges Discretion.  Thanks to the liberal views of social workers and family law judges, children have been taken away, because they have been spanked.  A foster mother had her license taken away because she forbade T.V. after 7pm and homeschool parents have had children taken away, because they were outside during school hours or because there were dishes in the sink.
1184682
The police may not get involved in a violation of custody/visitation orders. It depends on their department's policy.\n\nYou definitely want to document every single violation of the orders. Videotaping your own compliance with the orders (showing up for custody exchanges, etc) will help your case and get signed affidavits from witnesses. Having a chaperon who can testify as to her violations and your compliance is always helpful. The more unbiased your witness is, the better.\n\nWhen she violates the court orders, respond by filing for changes in custody/visitation that skew the orders more and more in your favor. She'll either learn her lesson or lose all of her parental rights.
115883
You have to go to court prove to the judge (he or she )is not doing right by the child .
349812
Usually the age is 12, but you can't just move.  The non-custodial parent would have to get a court hearing stating that "this is what my child wants" then the Court hears the child's testimony.\n\nEven at that...sometimes the Court will still not rule to let the child move.  \nBe aware that even if the non-custodial parent and the child want the child at the NC's house, the custodial parent could press charges if the Courts haven't changed custody over to the current NC parent.
353627
you have 6 month from the time your divorce was filed here in ca.  If I were you, I would consult a Lawyer.  He has no business being a father.  He sounds very unfit.  Sounds like you have very good grounds.  First though what I would recommend is documenting. for example, I keep all emails I send to my ex that way if need being I have the written proof for the court.  basically say to him, that he was scheduled to pick so and so up, but you got a call from the school saying no-one pick her up.  something along those lines.  without documentation, you won't have a chance.
1047720
NO!  legally he is not a parent unless the parents have named him as a 'LEGAL guardian'.
64682
File in your current location or the original court that granted the custody order.  You will have to serve court papers on him/publish in newspaper for the court date.  If he fails to show, you might be granted default judgment that will grant you full custody.
841304
It's fairly common for people to come to Family Court without a lawyer. The judge will usually try to keep it fair. It will be tough against a lawyer who might know the law better or try to intimidate you.  However, that can work for you as well if the judge sees that the lawyer is being rude or bullying you because the judge will become more sympathetic to you. You should prepare as well as you can: make sure you know the relevant law and what you want to say. Do not ramble - judges hate rambling. Keep your points clear and concise.  Bring a support person if that will help you.  Do not get baited into sniping with the lawyer or your ex. Stay professional. Don't speak over other people, especially not the judge. \n\nIf the issue is child support; in California, that is determined by a strict mathematical formula, and not having a lawyer won't make a huge difference.\n\nIf there is a dispute over custody, the judge will be looking for stability for your child, and if your child is old enough, might ask for his/her opinion.  You will want to gather evidence showing how well the child is doing, such as school records, extracurricular activities, therapy, etc.
142542
Most courts will grant mother with custody -- unless there's abuse, drugs, etc. involved.\n\nYou'd probably have to contact your local Family Court for more info.
1094369
hello there. I have fears just as you do. I have a now 6 year old son with epilepsy who after all these years I am being told I have to do a paternity test. The father told me if it ever came to this that he would fight me all the way and take my son who he's never been a part of his life away from me. I refused to pursue with the dna test but was told if I didn't the state would. This terrifies me so much. I absolutely know what your fears are. As for can a judge do this?. I was always told a judge couldn't try a case unless both parties have an attorney. Did you sign away your rights to an attorney? If so then the judge does have the right to make this decision especially if this is what the child wants. If your child didn't want to go then the judge should not have sent him to this abuser. I would appeal the case for the best interests of your child, especially since this guy was an abuser. Make sure when you go back to court to have an attorney, and all paperwork(police reports,etc) showing that this abuse was going on.  Let me know if I can help anymore . Blue27:birdlover272006@yahoo.com
171556
cops cannot legally take custody of a child from one biological parent and give it to another.  UNLESS the children are in danger.  \n\nHe needs to get a court date and fight for custody of those kids.  Also, those cops can get in trouble for taking the kids.  \n\nIf the house was his, the wife had no right or business having a key or allowing anyone else in the house without his permission.  \n\nHe needs to get a lawyer and do it soon!
799258
I don't know what I can say that will help you but I can reassure you that you are not the only one. My ex disappeared for the first 6 yrs of my son's life and then reappeared acting like he was the best dad in the world. He constantly contradicts what I say (ex.: my son has dental sealants and can not have sticky candy because it will rip them off but he insists my dentist is a head job who doesn't know what she is talking about, he also tells him he doesn't have to listen to the stupid things I say, that my son doesn't have to be responsible for anything -he's 10, and so on). He also created a tape using one of his friend's to play for my son. The contents consisted of this impersonator telling my ex that I did not love my son, I did not want my son, my ex could keep my son, etc. My ex also has no problem with my son seeing pornographic materials lying about his household. My son told of this and more to a Children and Youth Services agent who told me even though what my ex was doing was inappropriate it was abuse. Now for the grand finale, I stopped my ex from seeing my son for 3 months because he informed me he moved back in with his child molesting mother whom my son was to have no contact with and while the investigation was taking place and I was trying to modify the custody arrangement. During this time he filed contempt charges against me, initially sending to the wrong address (one that didn't even exist) so I missed the first hearing. I later received a visit from a constable telling me if I didn't go to the next one I would be sentenced to jail. I had proof that he sent it to the wrong address before we had the hearing. At the hearing my ex couldn't decide where he was living or for what amount of time, stated I had denied him my son longer that occured, and brought forth info that his mother was recently forgiven for molesting her sons (my ex and his brother). The judge decided that he knew my ex had lied about the extended time but I was also in the wrong because I should have known (even though I lacked the resources to find out and frankly my ex should have informed me since he knew, I forgot we are still supposed to wipe their asses even after we are no longer together) that his mother was forgiven for her most heinous act and that he was no longer living with her. Never mind the fact that we had contact since I stopped letting him take him  and my ex could have mentioned it, never mind the fact that my ex couldn't even figure out where he was living, and never mind the fact that not once did I tell my ex he could not see him, that he could not take him, I WAS STILL IN THE WRONG. I was in the wrong for trying to protect my son. My fiance summed it up nicely, the courts are currently favoring the men. The court does not take the child's welfare into consideration just what they want as they are deciding.
782522
hello,\nokay are you an idiot????i have 2 daughters and neither one of their fathers got any type of visitation till i got the court papers in my hand.....now you have to go through dfs and get your child back.....but there is hope if you did not do an DNA test then your good they have to grant you custody until the DNA is proved....because your a woman and the men have no clue on who was between your legs.....but you could also get him for parental kidnapping....and denying you the right to see your child....please lady use your brain if not for your self for your sons sake....i would have never let my children leave with out me......that is just crazy the way fathers think that they can handle   baby all by them selves yea right....but go to the county that you live in and tell them what has happened and they can help you get your son ....they have to prove the father before he can see the child and that saves you the heart ache....also once you have the child in your custody do not i repeat do not let him see or talk to you until the courts say so and get a good attorney due to the courts can say that you abandoned your child to the father...i live in Missouri and they are a mother state and the mother has to leave her child in order for the father to get custody of the child....good luck
83316
Probably yes.  After completion of anger control, domestic violence counseling, and any jail time.  \n\nBut if mom can show that ex is a threat to kids, she can take out a restraining order against him.  \n\nIf ex can convince the judge that he's changed, he is sorry for what he did, and still genuinely care and love the kids, he may be able to get supervised visitation rights.
1016581
It's totally up to the judge. Give a good reason and don't push it, you can lose your case for no shows.
1171171
no.  the only evidence that can be used is documents, sworn testimony, or affidavits.  otherwise, they don't have to admit to having said it and anything else is just heresay.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.