i have had the kids 100% of the time , for the past 7 years. do i have to file in family law court or civil court?
If you are trying to sue him because he has never taken the kids, that is probably not the best strategy to take. If he is getting a break on child support and he is never taking the children, I would go into family court and seek more child support. If you can prove he never took the children, he will have to pay for 100 percent of time/share for the past 7 years. I would try going to Department of Child Support Services first, and talking to them. You wouldn't want your children to spend time with a man who has basically given up custody, would you? In any case, there really is no way to force him to take the children. But you can get him to pay for tall the time he abandoned them.
You can file Contempt of Court , but its better if you explain and clarify your question what it is you want to accomplish besides stating he did not follow the court orders.
The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.
Breach of contract is not an action available to you in family court, and it is the family court which has jurisdiction over this case.
I suggest you follow my esteemed colleagues' suggestions and meet with a local family law attorney before proceeding. There are a lot of different factors for you to consider, and different remedies available, which would be best hashed out in person. You may not have to hire an attorney, but you should talk to one.
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 California. Responses are based solely on California law unless stated otherwise.
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