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Can I use a court order for child support to prove legal primary custody if there is no current custody order? : Ex husband is currently pursuing additional custodial time with our two daughters ages 5 & 7. Ex husband is dating the administrator at their school and she has change their school records primary residence to his, without my consent. I have 70% to his 30% time custody according to our court mediation and child support hearing in 2012 and all previous school records I am listed as primary custody and home address. In pro per.

Asked 10 months ago in Family

Benjamin’s answer: I would suggest consulting a California family law attorney promptly. However, in a nut-shell, yes, you should be able to use the support order to demonstrate what the parenting time has traditionally been, and thus shift the burden to father to demonstrate the change in circumstances necessary under California law to alter such a thing, even in the context of establishing paternity.

Best of luck to you.

Answered 10 months ago.


What can I do prevent having to send children to their fathers even with a custody agreement. : Myself and my x husband have a custody agreement in place for our 4 children ages 11,9,6,7. During the summer they are supposed to be with their father every other week. The living situation of their father is not appropriate for them to be there. He lives in a small 2 bedroom home with his new girlfriend, her 3 children, his mother, her boyfriend and a roommate that is there between jobs. My 2 girls ages 6&7 sleep in his roommates room with his girlfriends 2 daughters all sharing a bed and when his roommate is home they will sleep with him. My boys ages 11&9 share a couch. His mother lost custody of her other 2 grand children during a cps case. She has multiple drug charges, is currently using and also has HIV. His girlfriend also does not have custody of one or 2 of her children. He leaves my children with his mother while he is working. When my children return from his house their behaviors are extremely bad and he does no honor any of their routine. When he had them during the school year he did not help them to complete their homework which lead all of them to decline in school. I do not know what to do to prevent them from having to live in that environment on and off all sum

Asked 10 months ago in Child Custody

Benjamin’s answer: If you have material proof that the minor children going to father's would constitute a threat to the children's health or well-being, you could file an Emergency Petition to suspend father's parenting time. Now, keep in mind that the standard of proof is high for this type of petition, as it is made "ex parte", with only one side having an opportunity to represent the facts to the judge. You will need to show potential for irreparable harm here. Should this avenue fail, filing a petition to modify along with a petition for temporary orders is likely the best way to go.

Good luck!

Answered 10 months ago.


Can my ex-girlfriend take my child out of state for a short period without my consent?: My ex-girlfriend and I have a 12-month old daughter. Custody has not been established by the court. We currently, by agreement, share physical custody by split weeks. I am named as the father on the birth certificate. My ex-girlfriend wants to take our daughter to CA. She said it would be for about ten days. She gave me no reason for the trip. She has no family in CA. I was under the impression that she was traveling with her family but have learned she is going with a new boyfriend and his family. I don't know much about this family other than they reside in a dangerous part of town so I looked them up on social media and found several pictures of the boyfriend with his father and brothers all holding rifles. This concerns me. I am feeling very uncomfortable now about allowing my child to travel out of state with these people. Can my ex-girlfriend take my child out of state without my consent?

Asked 10 months ago in Family

Benjamin’s answer: Mr. O'Connor is correct. Unless there is some existing order preventing mother from taking the minor child on a vacation, she is legally entitled to do so. This is not a permanent move, and is fairly routine for parents to do. Also, the second amendment is a constitutional right, and the child being around someone who exercises is not in and of itself grounds to believe that a minor child is being endangered, barring some showing of harm.

Good luck.

Answered 10 months ago.