Legal Question in Family Law in California
In 2010, when my daughter was 11 months old, I moved to Colorado and left my daughter with my mother. I bought a plane ticket for my mother to fly her to me a week later (I still have proof of the purchase) but in that time her father, who had not seen her for 3 months, showed up and took her. He and I agreed in mediation that I would have her for 2 weeks every other month until I moved back to California. Since that agreement was made in August 2010 he has refused to let her come here about 4 times. My spouse and I got a Domestic in that time and received differed-two years probation. It has now been a year and we were both released early, are expecting a new little boy in 3 months and moving back to California. I am asking for 50% physical custody from the court and I already have 50% legal but my ex is fighting me on the physical custody. My ex has made two false claims to the police in my town in an attempt to harass me and has also failed to give me my daughters legal address all 4 times he has moved in the past 11 months. I have glowing remarks from my PO and my leaders in class as well as proof of his harassment. I am proposing 50% physical custody where he and I exchange our daughter every 5 days and all major holidays to be split every other year. What are my chances of getting these things?
1 Answer from Attorneys
It is unlikely that a judge will order that the child that age travel every 5 days. You have a better chance of getting primary custody. I would suggest that a motion, if you are unable to get primary custody, would result in the judge reprimanding father about the visitation and warning him that if he prevents the visits he will lose custody. That would be a big step to resolving your problems. You need an experienced custody attorney for this one, because you are distance and you have some issues. Good Luck, Pat McCrary
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