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I have sole legal and physical custody of my son. When I went to court, his father never showed up and the judge asked me

Los Angeles, CA |

if I wanted supervised visitations and I said no because I was afraid of his family being angry with me and my son has a close relationship with them. His visitation is reasonable and has not seen him in 6 months. He just recently called me because he was complaining about $250 a month in child support. Thats the only thing he cared about, didnt ask how our son was or anything. He has very seldom been there for my child physically throughout his entire life and has never been there financially. He has a criminal record and just got off parole for sending a cop to ICU and served one year in prison and wrote my son one letter. I want to move out of state andhe said he wont allow it but he's never been there for him. Now he wants to be in his life and I want supervision can i change the order

Attorney Answers 3

Posted

Yes. Bring back to court to get authorization to move and for supervised visits. Explain the basis and the court will most likely grant your request. Keep a record of visitation, missed child support payments, and other behavior/incidents involving father and family to incude in your motion.

Next time the court asks a question you should ask for some time to think it over (i.e., Your Honor, can I have 10 minutes to think about that) before answering.

Postings provided on this forum are informal and do not establish an attorney client relationship. To discuss your matter further please call my office at (760) 340-1800 in Palm Desert or (909) 469-5127 in Pomona. In most instances I offer free consultations.

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Howard M Lewis

Howard M Lewis

Posted

Hi Dave-I have enjoyed your info on avvo and took the liberty of endorsing you. If you feel it appropriate and have a spare moment perhaps you would be kind enough to consider endorsing me? My area is divorce. Whenever we have cases in your area we certainly will direct them to your office. Take care- Howard.

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Posted

He also said to me, "You dont want totake me to court because there are going to be some nasty things that you aren't going to want to hear about you. Im not trying to threaten you or anything, just know that." I don't know what he could possibly say about me but one time he spit in my face while I was holding my son and said if I told the police he would say that I punched him. He makes things up and I'm scared he'll make something up to try to convince the court that I shouldn't have custody. That would be slander right? And was his statement a threat?

Posted

I agree with my colleague's response above. To answer your question about moving out of state, I would add that this may be a good time for you to set that process in motion. The fact that Father is spending very little time with your son means that you have a rare advantage and can likely move without the father being able to block you. We recently wrote a blog article on this topic. I link it here for your convenience:

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Posted

You can try.

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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