Legal Question in Family Law in California
Mom hid child, father seeking custody, mom commits perjury
My husband just found out last month he has a 2 1/2 yr old with his ex girlfriend. She lied and told him she miscarried the child. She has written a declaration stating he was violent while they were together, yet she has no proof, no police reports, etc. My husband has obtained declarations stating he was not violent from her friends. The child never lived with her full time until June of this year. She stated child had lived with her since 11/99. We have medical records showing a family friend took child to dr and claimed her as her own, the last dr visit being on May 24, 2001. The mothers lived in a different county then the child. What will happen to her for perjuring herself? Will these medical records stand in court? What else can my husband to do disproof the abuse charges? She met with us and came to our house after she states he supposedly threatened her, yet anyone afraid would not go to someone's house if they threatened that person on their own free will right? Thanks for any help...very complicated case. Basically my husband is seeking joint custody...what are his chances?
2 Answers from Attorneys
Re: Mom hid child, father seeking custody, mom commits perjury
In a difficult case in which the credibility of witnesses is an issue, a long cause matter is appropriate. A long cause matter is essentially a trial in which witnesses are called to the stand to testify. If you are unhappy about the ensuing custody order in the OSC, a long cause matter can be calendared. However, it is ideal to have the OSC go your way. If declarations are prepared skillfully, the FCS interview goes well, and the evidence argued persuasively, you might get the custody order you want initially.
The current trend of pro pers crowding the court is resulting is miscarriages of justice and against the interest of judicial economy. Please obtain representation from an experience attorney for the sake of the child. Please call me directly at (619) 222-3504.
Re: Mom hid child, father seeking custody, mom commits perjury
It sounds like your husband should eventually have custody of the child, since the mother hasn't been a very stable influence. A judge is going to look at all alegations and proving that she is lying on one issue will shed real doubt on all other statements that she makes. The real question will be what is the best interest of the child. Your husband will almost undoubtedly get joint custody, but may want to ask for more. He still has a right to blood tests. Based upon her instability, how sure can he be that this child is his. An attorney would be a wise investment. Good Luck, Pat McCrary
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