Ratings. Guidance. The Right Lawyer.
CA state child custody laws, parent's failure to comply with court order, CA family code
Perris, CA
Viewed 106 times.
Posted about 1 year ago in Child Custody
Flag as objectionable
Parent not complying with court order:
The mother(petitioner) lost custody when she filed 1 year ago. I now have 90% she has 10%. I agreed to share 50/50 again if she moved out of her boyfriends residence. Court adopted our agreement and ordered she move prior to receivinfg 50/50. 1 year later she has not moved and has filed anither motion asking for custody. her home is raided police ect. will the court
take into consideration she has not complied with current orders - Is this your question? Add additional information Answers (2)
Marshall William Waller
This attorney is licensed in California.
Posted about 1 year ago.
Flag as objectionable
Yes, the court will take this into consideration. I assume from your facts that she has not started the 50/50 timeshare arrangement, either, which is good from your perspective. The court will make its timeshare decisions based upon the best interests of the child, and the mother's inability (or refusal) to comply with the court's earlier orders or remove herself and the child from a negative environment will figure prominently in the judge's decision on mother's request for custody. This area of law is, however, very complex and there are subtleties and procedural issues that need to be considered when opposing her request. You really should consult with an experienced family law attorney to help you in this matter. Good luck.
David Carl Beyersdorf
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
Flag as objectionable
Yes. Refusal to follow previous court orders will be taken into consideration. Also, if you have actual evidence that the mother's residence has been raided by the police, this would be looked at as a detrimental and likely dangerous situation for children to be in. Good Luck
David C. Beyersdorf |
