Legal Question in Family Law in California
8y.o.with adhd custody best interest dispute
i am a 44y.o. father of an 8 y.o.boy who has been formally diagnosed with adhd. mom and i never married, we have had an informal agreement that we have abided by since our son was 1. i have since married 2 1/2 years happily with a very supportive wife. we have all remained in close proximity to each other in the best interest of the boy especially in regards to his schooling, it has been a long tough road and the school has worked with us every step of the way. he has adapted well in the structured environment and is at or above grade level (2nd). mom has now become engaged and is CHOOSING to move out of the area , about an hour and a half drive. our son is at risk medically,mentally and emotionally if he were to be disrupted from this currently well running structured school envionment.he is in a very good family environment if he were to remain in his current school and stay during the school week with his stepmom and me and go to his mother on weekends. mom is insistant on the opposite scenario. i related to her that it can, and probably will , damage him irreparably. i am a physician ,so i understand the possible disasterous consequences if his life were to be disrupted at this time. mom is now being spiteful and vindictive.
3 Answers from Attorneys
Re: 8y.o.with adhd custody best interest dispute
It is time to get a formal custody order. The order will typically include a prohibition against moving from the county. The standard for determination of the child sharing is the best interest of the child and your arguments are very persuasive. Good Luck, Pat McCrary
Re: 8y.o.with adhd custody best interest dispute
Go ahead and file a lawsuit for custody and see what happens. But first, think carefully about the effects of this disturbed child on your healthy family.
Re: 8y.o.with adhd custody best interest dispute
The child's interests must be placed before the parents.
You need to file with the court for formal custody of the child. If possible, negotiate with the mother and ask her to do the right thing and allow you to be the primary custodian and to maintain your son in his present school. In any event, I would IMMEDIATELY file.
Your zip code suggests that you are in the Long Beach area. You should therefore,file in the Superior Court in Long Beach. There are two very excellent judicial officers in that court, Judge Black, Dept. A, and Commissioner Chemeleski, Dept. N. The standard for custody will be "best interests" and both judicial officers will look out for the child.
If we can be of assistance, please feel free to call us at 562/601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.
Regards,
Damian Nolan.
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