Legal Question in Family Law in California

Taking custody from mother

Due to recent disturbing events, I must attempt to obtain physical custody of my 10 year old daughter. Her mother is an ex-girl friend and currently works as a paralegal within the court system where I need to file and I live 100 miles away. My daughter wants to come live with me. I know this will be difficult because all I have is a few witnesses and my daughter's words discribing my ex's severe verbal abusive behavior. My ex is going to anger classes, taking prozak and drinking brandy daily. Are my daughter's accounts usable in mediation? What is the legal age for my daughter to decide where she wants to live. I need to know the best way to proceed? The most successful approach? Please advise asap.


Asked on 7/31/03, 2:26 am

4 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Taking custody from mother

from the facts given, your best approach would be to set up an OSC hearing to try to get the current custody order amended or modified based on these changed circumstances. if you would like further assistance in this legal matter, feel free to email me directly with how you would like to proceed.

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Answered on 7/31/03, 9:31 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Taking custody from mother

Your daughters wishes will be taken seriously by the court, but she is still a child, so she does not have absolute say until she is an adult. The older, more mature, the child, the more weight given their desires. A change of custody is difficult, except is extreme circumstances. From what you are hearing, you have a good chance at the change of custody. Your chances improve substantially with the assistance of a family law attorney. Good Luck, Pat McCrary

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Answered on 7/31/03, 11:07 am
Dieter Zacher Law Offices of Dieter Zacher

Re: Taking custody from mother

You must file immediately for child custody. You can use the drinking and prozac as reasons. Also, you should call child protective services. They will, if what you are saying actually happens, intervene and probably help you obtain custody. You should really hire a lawyer. Thanks for inquiring.

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Answered on 7/31/03, 4:32 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Taking custody from mother

You have several options. 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 family law issues including child custody at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 7/31/03, 4:52 pm


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