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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.

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. 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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. 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.


  3. 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.


  4. 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, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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