Legal Question in Family Law in California

Need Attorney for limited scope custody modification matter

Just recently, I was given ex-parte notice from my ex husbands attorney to be in court as he was seeking sole physical and sole legal custody of our minor children (whereas we previously had joint legal and physical custody at 50-50 timeshare) This has been the final order for the past 3 or 4 years. I attended this hearing in pro per, and to my disbelief the judge pro tem granted his motion without so much as knowing any background on our case or even hearing my side. Then to add insult to injury he then orders I have no contact with my children whatsoever. Then referred us to family court services. I now have a hearing on this matter and I have no idea as to the what the recommendations are going to be from the mediator. Is there any way to find out what the recommendations will be before the judge receives them? Are attorneys willing to take a case on the limited scope basis? My hearing is for this Thursday Dec 15th in San Bernardino County. Thanks for any guidance in this matter.


Asked on 12/12/05, 4:28 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Need Attorney for limited scope custody modification matter

There must have been extreme allegations against you to grant such an ORDER. You need to respond with opposing declarations. I would request a continuance to adequately prepare and obtain contrary evidence. Call me directly at 16192223504.

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Answered on 12/12/05, 11:01 am
Robert Mccoy Law Office Of Robert McCoy

Re: Need Attorney for limited scope custody modification matter

Yes, the law does allow an attorney to make a limited scope appearance in custody matters. But, you might be soon facing a support modification as well, which may also require legal assistance. It is unfortunate that the ex parte process is so abused the way it is. But you may be able to turn the tables in your favor. If we can show your ex lied to get full custody, then we can ask that he have limited custody because he does not have the children's best interest at heart, and is using them as a pawn to get what he wants. You could try contacting Family Court services to see if the mediator's recommendation is ready yet. You would probably be more successful if you go to the court instead of calling on the phone. At any rate, the recommendation does not have to be the end. At your next court date you can request a short cause hearing so the court can hear evidence and testimony to make its own determination. The court cannot consider the mediator's recommendation at such a hearing. If you would like further assistance feel free to contact me.

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Answered on 12/13/05, 4:54 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Need Attorney for limited scope custody modification matter

For a court to change custody on an ex-parte basis there must be some very serious allegations against you as a parent. The very best piece of advice I can give you is to retain an attorney NOW! Considering what has happened so far, it is unlikely that you will be properly able to defend yourself and it may be too late to retain an attorney after the damage has been done.

Regards,

Damian Nolan

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Answered on 12/13/05, 11:29 am


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