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I have had sole custody since 2006 and ncp has had supervised visits, can a new judge order 50/50 custody and visitation?

Fairfield, CA |

i have had a domestic violence restraining order in place since 2005. ncp has not participated in visitation since 2008. suddenly in January, ncp filed for full custody. in April he was awarded 2 hours on Saturdays and in may, 6 hours on Saturdays. he skipped the June 8 visit and has not gotten the children since. on august 19 we had trial. the judge questioned each of us on the stand then dismissed us, and put the matter under submission. the judge mailed an order of 50/50 custody and visitation. ncp now has every weekend and i now have Monday-Thursday, on alternate weeks Tuesday -Thursday. we are also ordered to exchange at each others homes and at school. he does not have a payroll job, drivers license (child support revoked). how may i appeal this? how do i find a pro-bono atty?

Attorney Answers 4

Posted

Dad has a right to see the kids unless they are in danger. His sister can drive him over until his license is reinstated. If he cannot/will not pick the kids up, then he will probably forfeit his 50/50 in a couple months. Let him hang himself with the legal noose.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.

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Posted

thank you for your time and response. its not that i dont want the kids to see him at all. my issue is that he did not participate in visitation or provide any support nor will he get a job. why doesnt the family court system evaluate parental involvement as does the juvenile system? and why would the judge order 50/50 custody when the ncp has neglected his children for years? i also presented evidence that ncp creates businesses under the identity of his children. this persuaded the judge against me.

Posted

You need to contact a local attorney right away.

Before you can appeal, you should have counsel file a motion for reconsideration of the ruling. That has to be filed within ten days of the date of the Ruling on Submitted Matter, so get moving on that quickly. You may also want to consult with local counsel on other avenues short of an appeal (which is prohibitively expensive) such as a motion for new trial, etc. Please note these are highly technical motions and will require knowledgeable and experienced legal counsel.

As to how to find a pro bono attorney, contact the local County Bar Association and see if they have referrals for you. They will want some information to first see if you qualify for pro bono aid; even if you don't qualify for free help, they will be able to refer you to a good, experienced family law attorney in your area.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

thank you for your time and response. i will look to the bar to seek pro bono help. thank you.

Posted

My colleagues are both correct. Dad sounds like a screw up and will blow his parenting time arrangement. However, you need an attorney on this as soon as possible to fight for your rights and to be prepared for when he does screw up.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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i read a posting on this site regarding the ineffectiveness of reconsiderations. i am not in the position to secure an attorney, especially now that dad has the leverage to obtain cash aid with the children in his home. also, requesting a reconsideration and fighting future failures of dad will not benefit the situation, in that the current judge is the one who will hear these motions. the judge also knows he has no job and still gave him every weekend while i work monday-friday. the judge also knows he has no license and ordered him to transport the children. the judge also knows that our case is dv, and i have a restraining order in place, still ordered us to exchange at each others homes. the judge is biased and ive been treated like a criminal and im about ready to give up.

Posted

I agree with my colleagues. If a motion for reconsideration fails, I bet NCP will screw up. Keep a detailed log of the dates, times and what did or did not occur. This will be useful for a future request for order to modify the custody order, because a judge should see that NCP isn't doing what is in the best interests of the children.

Check this link to see if it's helpful:
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This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.

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Posted

the judge already knows he has abandoned the children and owes over $60,000 in child support. he lies on the stand and the judge does not seem to care. i do need a lawyer- cant afford one right now. thank you for your time and response, i will be documenting.

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