Legal Question in Family Law in California
I am answering an OSC for custody modification. My Ex brought the matter in ex-parte, was denied an order for emergency relief; but was granted an order shortening time. I am selling my home, and, by agreement, my children were living with him for the summer. He then enrolled them in a new school without consulting me. He is now seeking to reverse the standing orders so that he would have primary custody. If he tries to argue that there has been a substantial change of circumstance, he will have been its cause. What arguments are germane?
1 Answer from Attorneys
You should go back to court and argue the issue of where the children need to be going to school. Typically the courts would not want the children to change schools on a whim, since the courts want stability in the childrens lives. As far as getting primary custody goes, it is a challenge to change the custody arrangements once the children have reached a stable place. It will be a process and is not handled in one court session. The school district issue will need to be adressed soon though if the children are starting school fairly soon.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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