Legal Question in Family Law in California

In CA I have sole custody of my daughter (ex-wife has supervised visitation),my daughter who because she can not except my new wife has chosen to live with MY MOTHER. I receive child support, which I give to my mother to take care of my daughter. Further I am in contact all day, everyday with her and I MAKE ALL THE PARENTING DECISIONS for her, I see her 5 - 7 days a week. My ex-wife is now filing "fraud" charges against me for child support stating that I am lying about having custody of my daughter. I am worried. I live about 20 mins from my daughter.

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State/Country relating to question: California

Already Tried:

call child support they refused to discuss.


Asked on 10/14/11, 9:03 am

1 Answer from Attorneys
Patricia Vanharen Law Office of Patricia C. Van Haren

Since your child does not reside with you and she resides with your mother, your mother has de facto custody of the child. Since your daughter is not residing with you or your former wife, your mother may need to file a Petition for Guardianship and any support paid should go directly to your mother. Your ex wife would have the opportunity to contest the guardianship so depending on why she has monitored visitation, she could end up with some type of custody over the child.

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Answered on 10/23/11, 12:22 pm


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