Legal Question in Family Law in California

I am separated. We have 4 children. We have joint custody order with shared housing included in order. When I go to work father comes to family home for his visitation time, 36 hours 2x per week. Father stopped paying his portion of mortgage and stated he will let house foreclose since I have a boyfriend who helps me take care of household repairs. We have been separated for 2 years. Can I file for an emergency screening to change custody in San Joaquin county, California in order to get this house out of foreclosure?


Asked on 9/22/14, 7:39 am

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The court order that you reference controls how you proceed in court. If he was mandated to make those payments, he's in violation of a court order. You should meet with an experienced family law attorney to review your current orders and determine your legal options.

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Answered on 9/22/14, 9:15 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

A change in child custody will not effect the mortgage payment.

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Answered on 9/22/14, 1:59 pm


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