Legal Question in Family Law in California

Child custody

I am going to make this as short as possible my questions will follow.

I have been separated from my abusive husband for 4 years now, not legally divorced yet. We have 2 children together age 9 and 4. I currently live in New Mexico with my boyfriend and we have a mutal child together age 2. I lived in California when the case was originally filed and thats where my husband still resides. My husband has custody (he has had them for a year before that I always had them and he wouldnt even visit) of our 2 kids right now due to a pending case my boyfriend had which was dismissed. My husband dosent let me talk to the kids and I dont even have a number or an address where I can reach them at which I am supposed to have per court order. I want to go back to court to get sole custody of them. They want to be with me and not him. Ok now my questions. Can I file out in New Mexico or do I have to file in California? Will the judge listen to what the kids want? Is he in contempt of court for not giving me his address or phone number if so what can I do about that?


Asked on 2/06/08, 1:40 pm

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Child custody

The case will remain in California. The judge might consider your kid's preference, but doesn't have to. Husband is not in contempt unless he is violating a specific court order.

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Answered on 2/06/08, 2:25 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Child custody

You have to do the case in CA. I can help you with that. I do not know the age of your children. If they are old enough Judge will definitely pay attention to what they want.

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Answered on 2/06/08, 7:27 pm


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