Legal Question in Family Law in California

child custody

Aprox 1995 child custody and support were done by DA child support in CA. Aprox 1998 the child was given to me the father by the mother with no paperwork except the 98 order. The mother called DA and current child support was stoped but not canceled. The only order is the '98 DA order with visitation which is only aprox 2 days per week visitation. The mother is talking about taking the child back who still lives with me full time. Qestion is how do I go about keeping my daughter do I need to file new paperwork and if so what? PS. My daughter is 9 years old can she speek for herself? Also the mother has A fairly bad past prior arrests, etc. Supported by papperwork. I have tried to get along but she is constently abusing the situtation and flanting the court paper work ever time there is a problem with taking the child. She even calls the police at times. Please advise. Thank you.


Asked on 12/10/00, 3:17 am

3 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: child custody

You need to immediatly file an OSC for custody and for a modification of support. If you are located in Southern California you may call me for a free telephone consultation at 818-342-8020 x1

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Answered on 12/11/00, 2:53 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child custody

You should file a OSC [order to show cause why the custody order should not be modified to reflect the actual custody arrangement], and for the court to determine that you have satisified the court order for support by having the child in your home and providing her entire support. Assuming that mother has not provided any support.

Immediate action is required. The police may come and enforce the existing court order. If this occurs it will reduce the advantage you presently have.

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Answered on 12/14/00, 9:21 pm
Nina Gohari Law Office Of Nina N. Gohari

Re: child custody

FIRST, IF YOU HAD THE CUSTODY OF THE MINOR CHILD THEN THE ORDER FOR CHILD SUPPORT SHOULD HAVE BEEN MODIFIED OR RESERVED. SECOND, YES YOU NEED TO FILE A MOTION FOR MODIFICATION OF CUSTODY IMMEDIATLEY IF THERE IS NOT AN ORDER IN EXISTANCE/IN EFFECT REFLECTING THAT YOU ARE THE CUSTODIAL PARENT. THIS IS A GENERAL ADVISE APPLICABLE TO YOUR SITUATION BASED ON THE LIMITED INFORMATION PROVIDED HEREIN. IF YOU NEED MORE INFORMATION OR FUTURE REPRESENTATION THEN PLEASE CALL ME AT 310-839-7700.

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Answered on 12/11/00, 7:52 pm


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