My ex wife won custody of my child, because i failed to send a response in time, so the custody went to her by default.

Asked over 1 year ago - Anaheim, CA

I was awarded support because of the time i spend with my son, but that has made the mother very upset so she is having someone else watch my child while she works when i am available. Do i have any rights regarding first refusal, being that the custody went to her by default? there is no note of a clause on the court order regarding the right of 1st refusal, but does that mean I don't have the right to it??

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

    11

    Answered . If it was solely by default file a motion to reopen and argue the facts and yes you should have right of first refusal as the biological father. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Atousa Saei

    Pro

    Contributor Level 16

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    Lawyers agree

    Answered . Without more information regarding your case, I tentatively agree with the responding with Mr. Lewis. I say "tentatively" because I do not have the court order in front me to review for myself. That being said, you really should at the minimum consult with a family law attorney to review the facts surrounding your divorce and assist you further. If you would like to discuss your case further, feel free to contact me at my office: (310) 855-3386.

  3. Rhonda Diane Ellifritz

    Contributor Level 13

    2

    Lawyers agree

    Answered . You need to get an attorney to fix this. Sounds like she wants to reduce the support she pays. You are likely to receive modification of support papers, so you need to fix this quick.

    Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing,... more
  4. William Emil Cassara

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . I am not a CA lawyer, but the obvious answer here is you need a divorce lawyer in your area. Child custody and divorce are complicated matters and you need expert assistance, as you have unfortunately learned.

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