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

Asked about 1 year ago - 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)

  1. George Ellis Corson IV

    Contributor Level 20

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    Answered . 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.
  2. Carla Leslie Hartley

    Pro

    Contributor Level 13

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    Answered . 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... more
  3. Joseph Torri

    Contributor Level 17

    Answered . 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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  4. Christopher Daniel Leroi

    Contributor Level 20

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    Answered . 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... more

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