Legal Question in Family Law in California
My brother just went through court for child support and visitation. This was finalized this May of 2011. Now she is taking him back to court for either more child support or visitation change this coming up September. This is the first year in many years my brother gets the girls for the summer. He lives in California and they live in Arizona they have joint custody but their home is in Arizona. She wanted to send a social worker because he doesn't let the girls talk to her 5 times a day. The mom calls all day. Its ridiculous, the girls are not up at 1:00am nor 3:00am. So between her brother and her its crazy. So my brother has them call her only once daily, at night. Well she is not happy with that. Next thing he knows he is getting a letter in the mail that he has court in September. We are all so stressed out about this whole situation. That's why I had to help my brother get a lawyer because she would not let him see them. There is alot we have learned since the girls have been here. The 6 year old does not know how to clean herself correctly when she has a bowel movement. Its like she doesn't even wipe, its all in the underwear. So, my brother called her mom and she got upset about that. All she could say was I told you she had a problem. Its funny now that he's had her for 3 weeks she does not have this problem anymore. Then my sister bought the girls books to read and work books of math and english so they can do while they are here for the summer. We found out my 10 year old niece going to 5th grade this year could barely read or spell. I am so sadden by all this. Unfortunately its always a fight with the mom when it comes with my brother having to be in the girls lifes. A couple of months ago in March of this year we visited them on a weekend and both of the girls were full of lice. So my brother called her and told her about it and she got defensive and it turned into a fight because how can you not see both girls have lice if you brush their hair and live with them. I had to go and get them something over the counter for the lice and we both began cleaning their hair out. They had so many lice it was just so sad. So the girls had their hair cut short. Then when they come over their mom sends them clothes that I had bought them 2-3years ago. What is she doing with the money that my brother sends her for the girls Its almost half his paycheck 425 dollars, and he works labor so he doesn't get paid much. I understand she has to pay rent and car payment but my oldest niece looks like the clothes is 2 sizes smaller and my youngest 2 sizes bigger. I am just sadden by all this. It breaks my heart. My brother can't have a civil conversation with her about the children because she just starts arguing and nothing gets accomplished because she ends up hanging up. The whole family is so stressed out. What can we do.
1 Answer from Attorneys
You didn't indicate whether the court proceedings have been in Arizona or California. If it is in California, then he will need a California attorney to deal with these issues. If it is in Arizona, he will need an Arizona attorney to deal with these issues. With respect to phone calls, there needs to be something in the order that addresses that problem. As far as the way they are being taken care of in Arizona, it may be a situation where custody needs to be looked into.
BARRY BESSER
www.besserlaw.com