Legal Question in Family Law in California
We are california residents. We were formally ingaged and eloped while at a arts festival before the formal marrige- this was done before a justice of the peace in a remote location and the rules of the festival forbid any financial transactions at the event- subsequently my then husband was to send a money order and failed this with imtthe required time period. We conducted ourselves as man and wife and the following year we were to continue a second ceremony and he was to paythe required fees before or after this same event we attended yearly. It was a legal ceremony performed in good faith = pictures at both occasions were taken and post to the ceremony again I was to discover some 10 years later he had not completed the promiced responsibility to fees and filings .marriage was performed on Federal land and upon indian sanctioned property- in NEVADA. I had been his wife in good faith and conceived a child in marriage the following year- had we not been married I would of left him and I would not have allowed him to creat a child with me. He also had been involved upon the day of the second ceremony - after a year of alledged marriage- Involved in a near fatal big rig head on collision upon which my two sons from a previous relationship - had almost been killed.His arm was ripped off and there were extensive legal and medical issues to follow. I rushed to his aid and to pull our family together putting him and my children before any of my own needs- and then a year later a new baby to follow. - I was a wife and mother with the worlds shittiest wedding ever- the formal wedding was delayed again and i relied upon the beleif that the priestess and the nevada family code was satisfied. As did my side of the family- We were quite well to do- My family trust was invested into salvaging us and his recovery- and when he returned to work he abandoned myself and our kids to a rigorous corporate carreer and a partner ship with another man. he used my familys money and with held his own- developing a secret life and becoming violent. We seperated and he refused to pay bills I raised our daughter and my sons with family money he was to repay- he declaired paternity for tax purposes some 4 years later- and ran us to ruin . When my grandmother ( our benifactor passed away) Our marital debt to the family trust was so significant that they closed in upon my house and he was able to move for custody based upon my weakened financial condition- caused by him. he then claimed we were never married and grabbed my daughter mid case and obsconded without proper permission by the court. The case was to be reopened in a seperate biofered case and upon his responsibility. I was deligated to supervised visitation in a county neither of us lived in and he never signed us up for. I have no criminal record and all matters questioning my fitness had been dismissed for lack of evidence and validity- however he still seperated my daughter from my two sons and as I feared fled the county to a nother three countys over. No one I have turned to to open the case will do so or claims ability to. I had a restraining order and he was not suppose to be the supervisor. The only way I can spend time with my daughter is under his control and he is a beast about control. Its been 4 years and I live around the corner from him- have also lived with him but am treated as if I am some failure of juris and a second class citizen to whom he can verbally abuse along with my second son in front of anyone-with impunity. he tells me to get the order changed I must do it he wont- but I have no assistance from the last county- and the dismissed juvi case or the unfinished divorce court or the court from his prior residence that was to be the jurisdiction or the county in which we now both live as I abandoned my life to be close to my daughter. I have no money for a professional to write up a OSC or a motion or a writ. Im writting disabled and form retarded as well as battle weary. My life is ruined and I beleive we are married. My lawyer in prior case never submited evidence I gave her- issued interogitorys or negotiated. even the restraining order was ineffective because she aquesed the clets. I am screwed- broke and very tired of battle. He and I have a truce but my daughter and son suffer.
WHAT IS MY BEST OPTION? how much does a habeus writ cost for its construction.
I might add I was denied my inheritance upon his draining my trust and- he works full time bought a house has excellent insurance- and a high paying corporate job.
1 Answer from Attorneys
If you don't have money, you should seek referrals to no cost legal assistance. Referrals are available in your local court house. If your children are not abused or neglected by him, you also should consider that if you are living around the corner from your children and are seeing them - that, given your complicated legal situation, and how slowly things move in family law courts these days, things could get worse with legal action rather than better as far as your ability to be with your children. Unfortunately, a parent with the upper hand in a child custody situation and a higher income, will sometimes strive to maintain or increase custody to eliminate or reduce child support and to maintain leverage on other divorce issues.
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