Legal Question in Family Law in California
I am a 54 year old Ambulatory Quadriplegic, C-5 and C-7 level. I spent 2 years in Santa Clara Valley Med Center! I have been 100% disabled since I was 19 years old. I live on 857.00 dollars a month, Social security and SSI. That is my soul income. I have 2 children, 12, and 5, years of age. My partner of 17 years, whom I put through college, left me, taking the children with her. I sold everything I owned to retain a lawyer in order to keep my house, and create a parenting plan. I have lived and abided by that plan for 4 years. At my own expense, I travel 2.5 hours in one direction to pick up my children, for once a month visitation, which I have done for 4 years. This is at my physical and financial limit, I have been late twice! I live in a very small town, deep in the Sierras, (QUINCY CALIFORNIA) I pick the children up in LOS Molinas California. This is halfway to my children�s home in Hayfork California. My ex has just informed me by E-mail that her husband has been transferred to Humboldt County California, that they are moving, and that they will no longer be able to comply with the current visitation plan. No alternative plan has been advanced. This would increase the round trip by an additional 2 hours. They are moving in March! The lawyer I retained has retired, (DAVID ADRIAN) and I have no money to retain another. My children and I desperately need to know if there is a fund for disabled people to help fight for there rights in family law cases in California. I must retain a lawyer locally A.S.A.P.! I have been to Family Court Services in Plumas County and they are completely clueless when it comes to disability and Family law. I place not one Iota of my families trust in them. There is no center for independent living in my town. Please, I need help!
2 Answers from Attorneys
Ok, each county and each judge has their own take on things. But, here is how I see it if this case was being heard here in my area . . . Generally, the rule of thumb is that if a person moves away from the other party, the person moving must do the transportation. Also, there is law which says that by the move, the person moving should not be able to do so if they cannot insure continued and frequent contact with the dispossessed parent. You need to file immediately for emergency, ex-parte relief to stop the move or to ensure that the mother, if allowed to move, keeps bringing the child to you. There is no fund that I know of that may help you. Sorry, but you will be on your own. Good luck!
Each county has a family facilitator's office located in the county court house and they may be able to guide you through the process. Mr. Schneider has stated the law correctly. If argued properly the court would also take into account your hardship regarding transportation and the fact that you have been given minimum notice of a move that had to have been contemplated by your ex for awhile. The issue really shouldn't be that they will not be able to comply with the current visitation schedule. Instead the issue should be how are they going to comply with the current visitation schedule. Remember your contact with your children is not being interrupted by any action on your part. It is potentially being interrupted purely by their actions. As a result their inconvenience regarding the transportation is a result of their actions alone.
Good luck
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