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How to contest to a mediator recomendation in a costudy and visitation matter? How to contest a temporary court order?

Fresno, CA |

Im a single mom of a 3 year old and a 6 month old baby. I have a previous sole custody order of my 3 year old and I recently tried to add my sons to the same court order. At mediation we didnt get to an agreement but the mediador gave a recomendation where he said to share custody. The judge asked us if we were ok with the recommendation, we were not, so he recomended to contest it. How to contest a temporary order? I dont agree with sharing custody because the father is just recently getting involve in their lifes, before he didnt care about going to their drs appointments or school events. he doesnt even help me supporting our children. I have proof that he didnt go to the drs app or the teacher parent meetings either.. would that help to get sole costudy? what do I need to get sole cust

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Attorney answers 3


Hire an Attorney. That is shortest distance between here and there.

I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.


In California to change a custody order there needs to be a showing of "substantial change in circumstances" since the prior order. If Dad has not been involved and only now wants to start getting involved then I think you have a point to make -- he needs to really show that the kids are important and he is consistent in his care and concern. Simply wanting to change the order is not a sufficient change under the law. If you have a contested custody action the court should look first to what is the change in circumstance, and then next to what is in your children's best interest. If a Dad does want to be involved it is a good thing for the kids -- so long as he is consistent about it. I would recommend you seek an attorney in your area to assist you with this process - while it is not required, it would definitely be helpful.

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It is unclear whether or not you have a hearing set in front of the Court to hear custody. In San Diego a Family Court Services recommendation carries significant weight but it is just a recommendation the Court does not have to abide by it. Sole Legal and Physical custody can be very difficult to obtain. You need to meet with an private attorney or Family Law Facilitator to discuss the proper arguments.

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