Legal Question in Family Law in California

Change of Custody

My husband has court order granting physical custody to his 12 yr old's mom, shared legal custody, and standard Orange County visitation. Husband now in Idaho, mother in Calif. Husband denied vistation for 3 yrs. Pays child support. Can he get full custody based on following documentation? Mother conceals child's location (DA refuses to help locate) although she has provided a po box. News article that CPS threatened to remove kids from home last Feb because mother scooping raw sewage out of home. Mother now living in motels and uses different names. School records show child flunking and behavior problems include physical assault, defiance, and sexual harrass. Changes in father's circumstances, he's no longer in military requiring him to be stationed overseas for long periods of time?

Thank you.


Asked on 5/20/01, 10:57 am

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Change of Custody

In a word, yes!! Concealing the childs whereabouts is proper grounds for showing the unfitness of a parent as well as not complying with Court Orders. You must realize that this is an uphill battle, the Court does not like to change status quo unless there is some has happened that affects the minor children's best interest, and it would be in their best interest to do so. I recommend that you hire and attorney to prosecute this matter for you. I have practiced in the Courthouse you are referring to and you can call me for a free telephone consultation at 818-998-1584

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Answered on 6/26/01, 12:12 pm


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