Legal Question in Family Law in California

How do I get the Judge to review a case of custody when the respondent in the case did nothing but lie? His record shows he has never cared: 8 and a half years of no child support and medical bill help. Now he wants me to pay him child support and convienced the child to tell the courts that they want to live with him and his girlfriend whom he said has married her, so the chidren would have the advandce of a two parent family. This women is not even allow in their grandmothers home. She has a record of drug/camema pictures on the interent as well. They both have been arrested for Domestic Disputs with her children. The last retstrenting orders were in affect until May of this year. I have not been able to speak or even see them in over3 weeks. There's a lot more but do I even have a chance to get anywhere? I love my children too much and I am making myself sicker worring.I live on a Disabily pension. I can bearly pay rent and buy food...Not having any money started this entire sitition because I tryed to get food stamps/welare help.


Asked on 11/06/09, 2:37 am

1 Answer from Attorneys

Tina Chen Law Office of Tina Chen

You need to seek legal help. If the father makes considerably more money than you, your attorney can file an Order to Show Cause requesting he contribute to your attorney fees. Otherwise, I'm not sure where your case is at procedurally. Did he file an Order to Show Cause to modify custody/visitation? If so, you need to set the matter for a contested hearing and put on evidence. Just because your kids say they want to live with their father, doesn't mean that's what the Court will order. The Court weighs a number of factors in determining custody and determines what is in the best interest of the child.

Feel free to contact my office to further discuss this matter. Good Luck.

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Answered on 11/12/09, 12:12 am


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