Legal Question in Family Law in California

C.S. modification (vs) full custody in retailation

For 10 years I have not asked for CS modification until now. We share 50/50 custody. Once he was served, 11 days later I was notified that he was filing for full custody. Isn't there a ruling or law regarding this retaliation?


Asked on 10/25/00, 12:36 am

1 Answer from Attorneys
Tracy Duell-Cazes Law Offices of Tracy Duell-Cazes

Re: C.S. modification (vs) full custody in retailation

There is nothing to prevent him from filing the motion. However, for there to be a change in a "permanent" custody order he is going to have to show a change of circumstances.

If you should have to hire an attorney to represent you under these circumstances, you may be able to get an award of attorney's fees/costs either on a need basis or as a sanction.

If you would like to discuss this further you can contact my office to schedule a free one-half hour consultation. (408-287-8484)

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Answered on 11/15/00, 6:44 pm


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