I have sole physical and sole legal custody granted to me 7 months ago. 5 months ago I filed a move away request for order.

Asked 7 months ago - Bakersfield, CA

Father sees the child 8 hours per week. Two months after I filed the request to move, NCP struck me at a child exchange. He was not arrested because I waited to call the police until I was home, and then could not PROVE he hit me other than the enormous black and swollen eye which lasted a few weeks (he is PD). I got a DVTRO, but he countered it saying I was falsely accusing him and the matter was set for Trial move away/DV where he is demanding sole custody be given to him. He was recently ordered sup. visits (without prejudice) pending the trial outcome. His attorney is gathering evidence against me from our relationship prior to the final custody order being made, trying to establish me as a "liar" to discredit the DV incident. What are the chances the court will change custody?

Additional information

The mediators report was in my favor re the move away and the domestic violence. Child is 1 year old.

Attorney answers (4)

  1. Stephen Vincent Smith

    Contributor Level 7

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    Answered . Based on the custodial time alone, the law supports your request to move. With included dv incident, appears very unlikely the court would go against mediator and case lawand give father custody. by the way a change of custody recommendation is only in the event that you move away, I have never seen it happen if the custodial parent changes her mind about moving away.

    FOR INFORMATIONAL PURPOSES ONLY. NOTHING IN THIS RESPONSE IS INTENDED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP.... more
  2. Ardalan Samandari

    Contributor Level 9

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    Answered . It comes down to the evidence. You cannot get a response to your question here. Facts are important and you need to consult with an attorney. You need prove by a preponderance of evidence if an act of violence took place. I will only tell you this that restraining orders affect the person's rights greatly and judges do not hand them out easily on a permanent basis, especially in circumstances where the Court does not see reason for further acts of violence in the future.

    This response is solely an opinion and should not be relied upon as a legal advise as I am not familiar with all... more
  3. Stephen Ross Cohen

    Contributor Level 20

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    Answered . If you have an attorney ask them, if not hire one,

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  4. Joseph Torri

    Contributor Level 16

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    Answered . There is a lot to analyze and you should consider hiring an attorney. If you can't afford a fully retained attorney, you should consider hiring one on a limited scope basis. You should at least hire an attorney for an office consultation. If he has a lawyer, you should be prepared. The fact that the report is in your favor is a good first step.

    This communication does not create an attorney-client relationship. This means that I am not your lawyer and I... more

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