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I have a situation. my wife has left to a family house and…

I have a situation...

I have a situation. my wife has left to a family house and is living in a overcrowded house with my three children stayin in a room, she has already went to a welfare office and is already receiving help. are my kids ok to live in that kind of environment?

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This happen a week ago.

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Answered in 5 minutes by:
9/19/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,965
Experience: Experienced Family Law Attorney
Verified
What state is this in please?
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Customer reply replied 11 months ago
califorina
Is the concern about child custody and visitation?
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Customer reply replied 11 months ago
mostly. I believe im going to have to pay child support. which is also a issue. my wife is claiming see cant support them when I can. I don't know what to do
Thank you. So basically the court can only award child support retroactive to the date the request (motion) is filed with the court. Child support is based on the parents respective income and the amount of parenting time. So for example if mom makes more than dad and they spend 50/50 custody, mom would pay child support. Let me get you a link to a calculator for estimating support.
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Customer reply replied 11 months ago
I do work all day. she stays with my children in my house
Customer reply replied 11 months ago
well stayed
https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculatorThe court will require the parties to exchange tax returns and paychecks and will use that to determine income.Further questions please post here otherwise kindly rate positively if you feel I have earned it!
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Normally both parents are expected to contribute to the financial costs of raising a child so the court can require both parents to work after childcare is arranged.
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Customer reply replied 11 months ago
I don't want to, but to expedite this. I want to notify cps of my kids living condition to get them back. is that a consideration?
Cps would have to determine the situation is unsafe. They will investigate if a complaint is made. The court can also order the children to be in the temporary custody of one parent if they determine that to be in the child's best interest. One can file an ex parte motion and the court will prioritize the scheduling of the hearing.
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Customer reply replied 11 months ago
ex parte motion? what is that?
It is a motion you file with the courts asking for emergency temporary custody. The court prioritizes the request so it can be decided as soon as possible versus several weeks later.
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Customer reply replied 11 months ago
how would I find out if one is already in place. she mention she went to court already
Both parents need to be served before the court has jurisdiction. The court clerk would be able to tell you if anything has been filed .
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Customer reply replied 11 months ago
thanks for the help. that 5$ deposit is the only thing I will be charge right?
I am an individual contributor so I don't have access to your account. If you contact customer service they will be able to assist.Ww2.justanswer.com/help
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,965
Experience: Experienced Family Law Attorney
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Customer reply replied 11 months ago
thanks for the chat, I have somewhere to start now. thank you
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