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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.

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?

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

Attorney Answers 4


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.


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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 the facts and circumstances of your particular case. There is no attorney-client relationship created. You should consult an attorney to study the facts of your case and provide you with sound legal advise.

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If the court decides he isn't likely to hurt me again, so be it. My main concern is whether or not they would give him custody of the baby. There is certainly a great deal of evidence that I was hit. My concern is focused on the baby. She has only spent 8 hours a week with him beginning at 5 mo. she is now 12 mo.


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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.

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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 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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