Legal Question in Family Law in California

I dont know what to do! Can someone please help? My ex-husband has custody of my children i only had visitation he was doing everything by the book this year he informed me that my 6yr old needs to be with her mother but he hasnt gone to court to change the paper work so now our daughter resides with me and my mother (i live with my mom) they both have me threatend that if i go and try to get government help he will take my daughter away from me but the reason he brought her here was for best interest, shes been here now 2mths he has not given me a dime he said when he does start paying the money will go to my mother and not me what are my rights? what should I donow im a single mom with no income please help.


Asked on 8/01/11, 8:45 am

1 Answer from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You need to go file a fee waiver and go to the family law facilitator to get help with the paperwork. I would submit his note (hopefully you have this all in writing) that he is sending her to you because it is in her best interests. Once she is in school and settled, it will be very hard for him to argue for the daughter to be returned as being in her best interest. IT IS ALL ABOUT BEST INTEREST OF THE CHILD. You may need to do this ex parte (meaning that day or the next) if he tries to insist that you immediately return the child.

Most importantly, you MUST look for a job and contribute to raising your daughter. Government assistance is not a good long term plan for your daughter.

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Answered on 8/01/11, 11:20 am


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