Legal Question in Family Law in California

My step Daughter wants to reside with My husband (Her Father) currently they have joint custody one week on one week off, Right now it is her week with her. My daughter has requested to come to our home, but the mother is refusing even keeping her out of school so she could not contact us. We know she is being held against her will is there anything that we can do right now to alevate this burden to her?


Asked on 3/08/11, 9:30 am

1 Answer from Attorneys

Betty Freeman Law Offices of Betty w. Freeman

you will need a new court order, changing the custody order. Assuming that the court is the same as the one who made the first order, you will have to show a substantial change of circumstances to get a change in the custody. if the child is approaching 18, the court may hear from her as to her own wishes. Otherwise, you will have to show significant change in the living conditions since the last order of custody (like a new significant other with whom the child doesn't get along, domestic violence, drug use by a member of the household, emotional instability or other reason the mother's home is not a good place) If all issues are the same as the last order, you may be stuck with the status quo. good luck

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Answered on 3/08/11, 4:17 pm


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