Legal Question in Family Law in California
i would like to know how i can get my child support stopped and how can i get custody of my son? his mother is not in the right state of mind to take care of him. our son is now in the second grade and for the past two years, he has been at risk of staying behind in his grade due to his mother not taking him to school. she makes him lie about not going to school to me his father and his teacher. our son is very unhappy at the age of 7 because of his mother. our son begs if he can live with me because he is scared of his mother because she yells at him and other siblings.
4 Answers from Attorneys
A custody fight is very expensive and time consuming. Family Court services will have to get involved, you will need numerous court appearances to force your ex to be examined by a mental professional, you son will be interviewed, this could take a full year and you are still may not prevail. It is also heart breaking for your son as he knows he has to choose between the two of you. Even if you win custody, your ex will still have visitation rights. She will likely allege horrible things about you as well, domestic violence against her, abuse of your son, etc.
I would not necessarily agree with Mr. Tuann's pitch of this matter. The only thing I can suggest is that you find COMPETENT family law counsel to help you with this. If your son is not attending school regularly, maybe an emergency hearing would be appropriate (need more facts). Good luck!
When your file your ex parte change of custody motion, please include declarations under penalty of perjury from the school on sons failed attendance and any other influencing factors on the child's state of mind from the school counselor or administrators.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
