Legal Question in Family Law in California
In CA. I want to gain more custody of my children and need to know what forms to file with the courthouse? Also, how long after filing and serving my children's mother will a court date be set?
My problem is she took my weeknight overnights away. She said she wanted them home weeknights after my time with them, I said no and she said fine we will stick with the original court order. When we divorced march 2011, she put things in writing an we both signed, and she recorded it so we never went to court. I was working 3 hours away at the time so she said I didn't put anything in writing about weeknights because with your work we don't know if you will make it back every week. So I'm scared when I serve her she will not let me see them during the week
1 Answer from Attorneys
Go to the Family Law Facilitator or Family Law Self Help Office (they call it different things in different counties) at your local Family Court. They will help you with all the forms and procedures, although they cannot give you legal advice. You are right that she can insist on sticking to the filed order if "push comes to shove," but that will only last until you get a court hearing. Then the court will examine all the changes that have taken place, including that you have had week night overnights that she took away out of spite, and make a new determination of what custody schedule is "in the best interests of the minor children."
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