Legal Question in Family Law in California
child custody
we are in a case in calif, we are in nv. the kid told the mediator one thing then we found out that she wanted something else via some emails. she is afraid to tell the court the truth because she is afraid of ''what her mother will do'', when she told her mother that she ''wanted to live with her father'', her mother ''freaked out and threatened her'', her mother is suicidal and self harms, the kid helps her hide this. If we use this in court we have to send it to the mother attorney then the mother knows and our court dates are not until 2/19 and 3/18. the mother is facing 6 counts of contempt and 1 count of perjury and is already ''freaking out''. is there anyway to get this written evidence before the judge with ex-parte. we are self represented. the mother and child live in a rural area and we fear the retribution the child will receive if the mother gets ahold of this information. CPS and the sheriffs dept there seem to be covering up for the mother as well. the kid is miserable and no 12 year old should have to feel responsible for her mothers well being. any suggestions on what we can do? this is a serious situation and we need help but can't afford an attorney at this time.
2 Answers from Attorneys
Re: child custody
Thank you for your posting. Your situation sounds absolutely frightening.
I would definitely recommend going in for an ex parte order, in front of your family law judge (if possible) to have the child placed into her father's custody as soon as possible. However, obtaining an ex parte order will be easiest if there is evidence of the mother's disturbing behavior. I understand that the mother has alredy lied and is in contempt, but when dealing in matters of child endangerment if helps to have proof. (Additionally, the allegations may come across as outrageous so backing them up with proof will add credibility to the motion.) Perhaps the child could sign a declaration under oath testifying about her knowledge of her mother's dangerous conduct if the child could immediately move in with the father.
I understand that you cannot afford an attorney; however, I fear that given the gravity of the situation you should consult with one. I am more than happy to speak with you about your options. Notice of the ex parte hearing will need to be given in a delicate manner and potentially in a way that does not compromise the safety of the child, if the child signs a declaration which is attached to any ex parte motion work.
Again, I cannot stress the importance of consulting with a legal professional who may be able to assist you. If you choose not to speak with me, please speak with someone.
Good Luck!
Kendra
Re: child custody
CPS and Police are covering it up?
Sorry there's isn't much there. You're going to need evidence and it appears whatever you have isn't very convincing.
You might want to focus on helping your daughter deal with mom. She won't leave so support your daughter. She will learn to trust you more. If you expose her secret without her consent, you will lose trust. she might need some counseling to help with this. I'd get her started immediately. She needs to learn that mom needs the type of help she can't provide. This is a tough case, even for seasoned family law attorneys. Good luck.
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