Legal Question in Family Law in California

My question is regarding child custody

Im the father on the case. My ex-wife has a 70/30 custody order with our son with child support. As of this year my son has been staying with me and is enrolled in school near to were I live. My son is 12 and wants to live with me. My ex wife refuses to help me financially and has threathened to take him back if she has to pay child support. The main reason I took advantage to have him live with me is due to his grades, they are on the decline and is in danger of failing. I have more time to spend and help him improve. What can I do? Can I fight this and win? Im frustrated because I have never stopped helping her. Thanks

Asked on 8/02/06, 7:36 pm

3 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: My question is regarding child custody

Retain an attorney to file an OSC for change in custody based on changed circumstances. You should also seek child support in the same OSC.


Damian Nolan

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Answered on 8/03/06, 11:53 am

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: My question is regarding child custody

In a general sense, you need to return to court and file an OSC seeking a modification of the underlying orders.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

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Answered on 8/02/06, 8:05 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: My question is regarding child custody

You need to get into Court "yesterday." You should not do this without a lawyer. I would do an ex parte motion and motion to change custody and support to reflect the changed circumstances. I am running a special rate for family law cases right now. My family law website is I will give you a free consultation over the phone. If you call, my direct extension is 15.

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Answered on 8/04/06, 4:43 am

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