Hi my childs mothers home was recently made the primary residence for our child. She lives in a two bedroom apartment which houses 6 people. This goes against their rental agreement so i feel this works against the welfare of our child seeing they...
I understand your frustration, however, the facts that you have listed do not indicate a clear violation of the family code.
Judges in Family Court are given a wide area of discretion in determining what is in the best interest of the child under family code §3011. That family code section is, and has been for some time, the catchall that gives Family Court judges and commissioners extreme latitude.
You're only option to the current orders, if you feel that the judge's orders are a violation of the family code, is to appeal; which is costly and rarely successful. Another option, and only you know the complete facts of all of this, is to give it some time, exercise the custodial time which you have been awarded, and make a motion in a later date for a modification of custody. This will allow for two things, the first, is to demonstrate to the court that you are exercising every moment of custodial time you have to promote the relationship that you have with your child; the second, is to ascertain whether not the living conditions where the child is staying do, in fact, have an adverse effect on them. This would include all of the things that you were speaking about, such as the secondhand smoke, and the apparent overcrowding that apartment.
Again, I understand your frustration, but the facts don't indicate a clear violation of the family code.
I hope this answers helped you in some way in giving you some options to try to remedy your problem.See question
My child is a new born and the mother reported to Child Protective Services 4 negligence and unhealthy living environment n and got reported by a family member to welfare fraud for that she is getting paid for mileage from her adress to another ad...
You've asked whether that will “help”, the answer is yes it can. But it's not as easy as that.
It's dependent upon whether child protective services has substantiated any of the reports of negligence. If they have substantiated and not taken any action to remove the children from that environment, you have to ask yourself why. Certainly, if you make a motion, called the Request for Orders (RFO) for a modification of custody, a mediator (which will be required in your case) will contact Child protective services to investigate any claims.
The welfare fraud will have less of an impact as to the child custody portion. It is indicative of someone who's not making great decisions, but not so much as make a change of custody. However, if there is a finding of welfare fraud coupled with multiple reports to Child protective services (stronger if they have been substantiated) it may be enough to show that she simply not the proper parents to have these children, or be the primary parent.
All of that being said, it's not enough to go in to a court and pointer finger and say "bad parent" and the court will change custody. You have to solve the problem! You have to provide the court with information about what you plan to do in order to better take care of these children. It's not enough to say "CPS is never been called on me" "I've never been reported for welfare fraud" so give the kids to me-that's not going to work.
You better ensure that all your ducks are lined up in a row. Have a plan! Where the children going to live? Where the children going to go to school? How are you going to provide a better living environment to provide these children with the maximum opportunity to become successful?
She may be a derelict parent, but you have to provide a solution.
The one thing I can tell you is that you should ACT now and not allow your children to remain in that environment, if it is as bad as you say.
I hope this email has helped you in some manner and allows you to take action to protect your kids.See question
My daughter and her husband live it Atlanta. The husband had a daughter from a previous relationship who resides with her mother in San Francisco. He was awarded joint custody prior to him relocating and pays child support monthly. Over the last f...
there are things about your question that raised several concerns for me. The first is that this man should have made a motion to modify the amount of child support. When there is a change of the financial circumstances, a change in support is warranted. This is especially true if he has had some hardships concerning his health status. I would recommend that he make such a motion to reduce the financial burden he is placed under.
The second is that this mother seems to have equated the father's access is dependent upon payment. This is not something a court support in any manner. There is absolutely no reason why he should not have, at minimum, phone contact with this little girl. Dependent upon the little girls age, there doesn't seem to be a reason, at least from what you've written, that he shouldn't have some designated custodial time, actual physical time with this child. This depends on many factors, the age of the child, the travel expenditures, and the history of these relationships.
I have had many cases where children have resided across the country from the noncustodial parent. Routinely a court will order, at minimum phone/Skype/Facetime contact between the noncustodial parent and the child; the court routinely, as the child gets older, orders custodial time with the parent. This could be one half of all holiday breaks/or alternating holiday breaks; Every spring break; and normally a good chunk of summer vacations. The younger the child, the less absentee time from the custodial parent is could be deemed in the best interest of the child. These are guidelines, not hard and fast rules.
I would encourage him to seek out counsel in the jurisdiction where these court orders were made. At minimum he should have a consultation with someone in that jurisdiction to find out what his options are.
I do know this, it appears that if he does nothing-he will get nothing more than what is occurring right now! This mother does not appear willing to support and encourage our relationship between this man and his daughter-he needs to act.
I hope this answers has helped you in some way and has motivated this man to not allow the mother to prevent him from being a father.See question
The mom has physical custody and we both have joint legal custody. My son has expressed his desire to live with me. Living with me would also cause him to see his mom primarily on alternate weekends since I would be putting him in a private scho...
the first and you want to do is get a motion on calendar. It's called a Request for Orders (RFO). When you make this motion you're going to ask for a modification of child custody. When you make this motion they should assign you a mediation date. At this mediation date you should request that the mediator speak with your son. Because your son is 14 years old the court should take into account his wishes. That being said, his wishes do not “automatically” make it that a change of custody will occur. The court will always look into the "best interests of the child" in making its determination on where the child should live.
If you have any documentary proof of this severe anger problem, that would help. There's other things you will look into-his grades, have they improved, have they gone down, are they suffering during this time with these incidents of abuse have occurred? The courts going to want to know if there has been physical and verbal abuse in the past, why haven't you reported it/made a motion for modification? If you have made such a motion then you're not going to need to prepare that answer, but if you haven't, you should have a good explanation of why you have not. Another sign of a child experiencing the kind of issues you have listed is other troubles at school. is he getting into fights? Has he been suspended? How about outside of school?
One of the things that I liked about your question is that you seem to have a plan period the court is not only interested and what may have caused the aberrant behavior of your son, but also that you have a plan to address it period having a clear and detailed plan, which should involve some sort of therapy, to address the underlying issues which is causing your son these problems is essential to demonstrate that you are the proper parent for him to live with. You have to make sure that is part of that plan, you are supportive and encouraging of a continued relationship with his mother, if appropriate period
The one thing a court does not want to see isn't angry parent who is merely pointing fingers at the other parent screaming BAD PARENT! Remember, this is not about you, this is not about her, it is about your child. Everything you want to say should be said any “child centered manner.”
For example, if you want to tell the judge that your ex wife is a mean and nasty bi*ch who does nothing but condemn and belittle your son causing him to feel like crap about himself. Here is how you can say that any child centered manner. Our son deserves to be and a loving and supportive environment or he can express himself and feel comfortable and talking to his parents. My concern is that he does not have that living with his mother period he is expressed to me that he is not listen to and that any concerns he has are met with anger and physical abuse. This is created the situation which is unhealthy for him and does not allow him to maximize his potential, as well as placed him and the situation where there's nothing but anger and discontent, this has to stop.
That is a child centered statement. it is also the way that you should communicate with the mediator during mediation. Let your ex-wife be the angry finger pointer during mediation, you be the problem solver; if you are the parent providing the solutions to the problems the child is having, you are the parent that is acting in the best interest of the child.
I hope this email helps you in some manner periodSee question
My ex-wife limits my interaction with my 3 year old son. She doesn't answer over 90% of my calls. I am paying greater than 85% of the finances to support him and am getting less that 15% of time to interact with him. I am currently getting a copy ...
First things first, whether you're paying 85% of the finances to support him has no bearing on a child custody matter. The court will not care, other than a child-support hearing, whether you're paying your child support. Will it can be used, but it has to be used delicately, to show that you were involved, or wish to be involved, in your son's life, the court does not view you paying child support as a significant factor on how much access/custody you have to your son.
That being said, the actions of your ex-wife are inconsistent with being an effective coparent. The first question I would have for you is what jurisdiction with the court orders made in? Were the orders made in California or in Louisiana?
Being licensed in California, and specifically practicing in San Diego, I can tell you a court would not look favorably on your wife having such restrictive interaction between you and your son. I would be requesting that you have three phone calls a week, if not more, a very specific time. For example Tuesdays Thursdays Saturdays at 7 PM Louisiana time. Now that the child is three years old, I would also be requesting some very specific custodial time whether that means you going to Louisiana at certain times of the year and your ex coming to California at certain times of the year, or some other arrangements. The child is too young to be flying on a plane unaccompanied, so you can cancel that out right now.
This little boy is still quite young, so the court would probably put the burden on you to be traveling up to Louisiana. However, your travel costs can be listed in your Income and Expense Declaration as a hardship, thus reducing the amount that you pay in child support. The court's thought process on this, is that if you are paying extraordinary expenses to have custodial time with the child, you should receive an offset onto the amount of support that you pay.
I would also be asking the court for alternative communications other than just a telephone call. I.e. Skype, face time, some sort of interaction that way so that you can see your son and that your son can see you. Understand that because this little boy is only three years old, his ability to focus during these communications is going to be limited, but that does not mean it shouldn't happen.
I would get a motion, called a Request for Orders (RFO) filed soon.
I hope this answer helps you and get you to a point where you have more interaction with your son.tSee question
My ex has been recently posting pictures of her/himself drinking with minors. He/she posts age of minor in photo.
You ask what your chances are, it's very difficult to try to quantify like you've asked. However, any parent that engages in the behavior that you listed is presumably not acting in the manner that a court would find to be "in the best interest of the child." I would make sure, as the previous poster had said, to print out all of the Facebook pictures and comments IMMEDIATELY! Facebook posts have a tendency, after someone sobers up, to be deleted.
I would also make sure you get on calendar quickly a Request for Orders, and go in on an ex parte basis for an order shortening time (OST) to have your motion heard sooner rather than later.
You may also want to contact Child protective services if these events occurred during the times that the offending parent had custody of your eight-year-old daughter. Although the court would never see your ex's behavior is appropriate in any timeframe, it certainly going to be viewed in a different light if these behaviors occurred while they had custody.
I hope the center helps you and you connect quickly to protect your child.See question
The father. Puting the childs name to be protected against the father.i can't get the police be realiize she kidnap the baby on a restraing. Ever time the police give me the baby back she put me in jail. Now the court didn't reconize zhe kidnap tj...
the question you posed is not clear. From what you have written I'm not sure who has custody, who has a restraining order against them, or everything that is going on.
One thing I can tell you is that if there are court orders stating you have any custodial time/visitation you have the ability to have those orders modified. If she is doing something that violates the court orders in any substantial way, you should bring that to the court's attention in your motion to modify custody.
Just so you understand, a parent cannot kidnap a child that is theirs, unless there is a court order preventing the parent from removing the child from the jurisdiction. That being said, if there are court orders restricting a parent from removing a child from a certain geographical area, a court can involve the district attorneys child the production unit to make sure the child is returned to the jurisdiction.
I would get the assistance of an attorney as soon as possible. TSee question
My ex-boyfriend and I have a two year old daughter, he took me to court for 50/50 custody because he was worried about him paying child support. I hired a lawyer who could not do anything to keep him from getting 50/50 because he did live with us ...
This is an easy one! You need to file for domestic violence restraining order, stop getting back together with him, and stay the hell away from him.
The longer you wait to file a restraining order the less serious the court's going to take you. The longer you wait to file for a restraining order, the less of an emergency it becomes.
If you are successful in getting a restraining order granted there is a five-year presumption under Family Code §3044 the your ex-boyfriend should not have joint legal or physical custody of your child.
FILE FOR THE RESTRAINING ORDER!!!See question
I reconnected with someone I dated through high school. He was convicted of lewd and lascivious acts with a minor. Although he has finished his sentence, he has an open case with the Innocence Project who is actively helping my husband clear his n...
The quick answer is no. However, the fact that you are living and married to a convicted sex offender who has been convicted of that particular crime does call into question your judgment is apparent. The court will likely view this as problematic. Regardless of the facts of the underlying conviction, the court always has the ability to do what's in the “best interest of the child”. Because it has this broad power, the court COULD make a change of custody. That does not mean that they would make that change, but they are going to ask you to explain why you believe that it's in the best interest of the child/children to have this person in their life.
I say this not as a judgment, but more some insight as an attorney that has been designated as minors counsel. In my role as minors counsel I always evaluate what's in the best interest of my client (the child/children). In that role I would be greatly concerned if one parent knowingly and deliberately entered into a relationship with a convicted sex offender. My advice to you would be to seek out an attorney quickly and discuss the situation. I would be prepared with all of the relevant paperwork regarding your husbands past history.
You don't need to be overly concerned about your present situation until your ex files a motion. But if you think he's serious, I would be prepared. I would be more concerned about your ex making an anonymous phone call to Child protective services.
I hope this answer helps you in some manner.See question
The first step is to simply make a request of the other parent. It is helpful if you have an itinerary, meaning where you will be going, where you will be staying, and how long you plan to be there. Normally trips do have some affect on the other parent's custodial schedule, but most court orders have provisions for vacations for either parent.
Check your court orders to see if there is such a provision. If there is not, I would make the request of the other parent, but do so in writing. If the other parent is disagreeable, ask them why. They may have a good reason for it, they may not. If their reason for not agreeing to your trip is unreasonable, you will have to file a Request for Orders to obtain a court order that would allow such vacations/trips.
I hope this helps you.See question