Legal Question in Family Law in California

Need Help with Change of Custody

I currently have 100% legal & 50% physical custody (I have my daughter tues, thurs, sat, & half of sun). I originally had 100% of both but after not being able to afford my attorney any longer I was pressured by my ex and his attorney into the 50% physical. He is disabled with MS, does not & has not worked while we were together, is on probation for DV which he did in the car while I was driving with my son & daughter in the car, I was also assaulted by his mother (who he lives with)while trying to get some of my daughters clothes, not to mention the physical abuse my son endured by him and his mother (my son is not his) and verbal and emotional abuse of all of us by him and his mother. I am working full time & was living with a friend who unexpectedly kicked us out with no warning so sun-thur we are staying in a hotel & fri & sat nites at my sisters in oceanside. I want to move home to Ohio where all my family is and my sister is moving back to. I can't afford to stay here & I have no family here or anything else but I do not want to leave my daughter with her father. What can I do?


Asked on 9/11/03, 3:06 am

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Need Help with Change of Custody

Consult with attorney. Too many loose ends if not properly handled. 800-685-6950

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Answered on 9/11/03, 2:04 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Need Help with Change of Custody

Not a good idea to just take off with the child if the other parent presently has joint custody. Even if you had sole custody, as long as he has visitation rights, this is a potential for great legal controversy and much remains unclear under present law. You simply must consult with a lawyer locally who can address this. Even if you went to Ohio, the court in California can likely change custody at any time in the next six months or more, and that order will be valid in Ohio. Taking off immediately creates the potential for your spouse to get an emergency decree granting him sole custody and even finding you in contempt. For now, it is probably wise to hang in there in Calif. any way you can and try to get sole custody back.

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Answered on 9/12/03, 8:14 am


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