Legal Question in Family Law in California
50-50 Custody
I have had 50-50 joint,physical, legal custody of two children ages 13 & 8. Although I am the one who supports the children. My X has been unemployed for 4 yrs and lives with his Mother. My main concern is that he lives in a small trailer park and the kids do not have their own bed..they have to sleep in their Dad/Grandma's bed. Lots of smoking is going on in the bedrooms and my X is a recovering alcoholic of 10 yrs that is drinking again. I tried going back to court to modify the custody but he didn't like that and the Judge refered us on to mediation through the court. after 4 meetings nothing was resolved. I have now requested his permission to move out of state....and naturally he has denied that. Another concern of mine is, that I have put my kids in certain activities like Girl Scouts, sport camps and he never lets the kids do those activities on HIS days. Just recently I put my son in Boy Scouts and now he has written a letter to the leader, the school principal and the council.(the leader had told me that he is starting to scare her)
My X has threatened to get a restraining order for me and my husband. I am looking for any suggestions? I care and love my kids and want whats best for them.
1 Answer from Attorneys
Re: 50-50 Custody
You will need to get permission from the court to move out of state. Since you have 50/50 custody, the best interest of the children will prevail. Going to mediation 4 times and not resolving anything makes no sense. It you cannot resolve issues in mediation you should go back to the judge to let him resolve the issues. You will want the advice and assistance of an attorney who is experienced in the Family Law Court in your county and will know the tendancies of the judge. You may want to try filing the motion yourself, but it seems that the last time that you tried that you got no resolution. Good Luck, Pat McCrary
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