[CA] How do I protect my custody rights against false allegations?
My kids are in another state and their father is trying to terminate my parental rights by giving false information to the court. I raised them from birth until 2021. They’ve been with him for four years now (ages 12 and 10). We were never married. We signed a VPOP form, but it was never filed with the family court. Temporary custody went to him by default in 2021. I’m now fighting for custody and a move-away.
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In California, the court uses the “best interest of the child” standard (California Family Code § 3011). False allegations matter (California Family Code § 3027.1). Your documentation is important. A guardian ad litem may help.
A guardian ad litem represents the children’s best interests and conducts an investigation (California Family Code § 3150–3153). A custody evaluator assesses the family and recommends to the court. They are different roles, but both can help.
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My kids are in another state and their father is trying to terminate my parental rights by giving false information to the court. I raised them from birth until 2021. They’ve been with him for four years now (ages 12 and 10). We were never married. We signed a VPOP form, but it was never filed with the family court. Temporary custody went to him by default in 2021. I’m now fighting for custody and a move-away.
Lexi, Chatbot
Are there current court proceedings about custody or termination of rights?
I don’t know.
Lexi, Chatbot
Have you gathered evidence that his statements are false?
Yes.
Lexi, Chatbot
Anything else the lawyer should know?
Yes. We have a hearing coming up for a child custody evaluation that I requested. The father is trying to stop it. I need help with my paperwork and case.
Elizabeth
Have you maintained contact with your children over the last four years?
Yes, and I have proof. He claimed I abandoned them. I was given court-ordered phone visits every Saturday, and he violated that order three times. I filed incident reports. I tracked all my efforts. I have proof I contacted them and visited them until he started denying more and more contact. I was thinking of requesting a guardian ad litem. I believe the father has filed incorrect or improper information about the kids and I want this investigated.
Elizabeth
Which state is this case in? Any upcoming court dates?
California. The hearing for the child custody evaluation was supposed to be 9/25/25 but was continued to 10/1/25. They’re now requesting that I get no parenting time based on false accusations. They also don’t want a professional evaluation, which makes me think they’re hiding something.
Elizabeth
Was there any history of abuse?
Yes, he abused me, but he filed a DV claim against me years ago because I moved out with the kids. He said he was afraid of me. I have documents and his criminal record showing otherwise. I didn’t know my rights then. I don’t trust him now. My kids are with him, and his behavior worries me. It breaks my heart.
Elizabeth
Has CPS been involved?
No. How do I request a guardian ad litem? Is it different from a custody evaluation? We had mediation, and now we’re going to the evaluation hearing. I want an investigation — including confirming where they actually live. My daughters told me they see their dad only once a week sometimes. Calls are monitored. We’re not allowed to talk privately. They require us to use a parent app that records everything. He lives with a 55-year-old retired correctional officer he met in prison.
Elizabeth
In California, the court uses the “best interest of the child” standard (California Family Code § 3011). False allegations matter (California Family Code § 3027.1). Your documentation is important. A guardian ad litem may help.
A guardian ad litem represents the children’s best interests and conducts an investigation (California Family Code § 3150–3153). A custody evaluator assesses the family and recommends to the court. They are different roles, but both can help.
Thank you.
Elizabeth
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