Legal Question in Family Law in California

Where Do I Begin?

My Situation:

-2 daughters (9 yrs & 3 yrs), not married to father lived together briefly 5 years ago. Broke up last April

-No custody, visitation or child support orders in place.

-Father saw kids about 1x per week before we broke up. Now he is insisting on being super dad, taking them all the time and refusing to communicate with my regarding when he'll return them to me. I have always been their primary

-My oldest daughter is extremely afraid of her dad because of his verbal and physical abuse (she saw him beat up her 14 year old brother and listened to him scream for help). I'm afraid to mention her fear to him, because I'm scared he may get angry with her. I have filed an anonymous report with CPS though.

-He is constantly threatening me with taking me to court because he knows I cannot afford an attorney right now.

-Neither of us are from the town we currently reside in however he is from No. Ca. & I'm from So. Ca (we met in No. Ca when I was in college)

-I want to move back home to So. Ca. with the girls, so that i can be closer to my family, get a better job, etc. We have no family support here. I want sole custody of the girls.

-Where do i start? I want to get my daughters in a safe, consistent environment ASAP


Asked on 8/05/08, 10:04 pm

2 Answers from Attorneys
Delilah Knox Rios Delilah Knox Rios, Attorney At Law, APLC

Re: Where Do I Begin?

You need to file for custody and visitation orders. So long as you are in limbo without an order, you cannot enforce anything. Even if you have no attorney, you can see the Court Facilitator in your county. If you are moving to get a better job, you have a chance of maintaining the de facto custody. So far he has no "legal" claim because he does not have an order for custody either. If you named him as father on the birth certificate, he is presumed the father, but still has no court order.

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Answered on 8/10/08, 7:34 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Where Do I Begin?

Contact an attorney and discuss the possibility of a court order that he pay your attorney fees. If he has substantial income the court should order him to pay your attorney fees. You may be able to find an attorney who will take your case and collect from father.

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Answered on 8/17/08, 2:56 pm


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