What happens when your court case goes to trial and do they take into consideration the childrens entire life? Do witness help?

Asked over 1 year ago - Sacramento, CA

I have girls 15yr and 13yr, and have been the custodial parent for their entire lives. The father of these children did not participate in their lives regularly andthe 13yr life until Aug of 2012. I was recently diagnosed with cancer and have been recieving treatments. The father did not attempt to go after custody or even claim my 13yr until I challenged him for child support. Now they are leaning towards giving the children to their father due to the 15yr olds failing grades and my illness. My children are my world and I am devestated that they would even consider placing my children in a strangers care even though he is their biological father. He has an attorney and I do not, he is married and I am not. I am a single mother who has provided for these children their entire lives. I

Attorney answers (3)

  1. Myrlys Laurette Stockdale

    Pro

    Contributor Level 8

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    Answered . The overarching consideration in custody litigation is what is in the best interests of the children. Your illness alone should not be the factor which would lead to a change in custody. If you do not have an attorney to assist you, you can reach out to the Family Law Facilitator at Sacramento to try to help you better prepare for trial. Here is the link: http://www.saccourt.ca.gov/family/self-help-cen....

  2. Stephen Ross Cohen

    Contributor Level 20

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    Lawyer agrees

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    Answered . 1. I think an important issue is your cancer, what type, what are the chances for recovery etc. you will need to subpeona a doctor's report and 2. What do your children want, has te judge talked to them. Why do you think the judge is leaning towards the father?

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more
  3. Tiffany Lynn Andrews

    Contributor Level 8

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    Lawyer agrees

    Answered . The standard for determining child custody and visitation is still best interests. The court has the possibility of ordering a child custody evaluation to be conducted by a psychologist to help assist the Court in determining whether a change in primary custodial parent is best. The children also have the right to have their preference heard after reaching age 14. You as the parent also have the right to let the Court know whether the child has a preference. If your child(ren) is under the age of 14, it becomes discretionary as to whether the court will hear a preference. Having the children interviewed by a mediator is another possible option to try and start looking at what would be the childrens' best intesests, however, you are not required to agree with mediator's recommendations nor is the Court obligated to always follow them.

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