Legal Question in Family Law in California
Child custody
I have been the custodial parent of my 12 yr old son ever since his mother and I seperated 18 mos ago. Every time she tried to get him with some foolish claim it was proven to be unfounded and I remained custodial parent. The court evaluator recently agreed that my son should stay with me so the mother and her attorney asked for a trial which was granted. Her attorney's deposition of me required 5 years of every kind of record and file in the world all of which seemed irrelevant. Since I could not even begin to produce what she wanted I said I will give my son's mother what she wants and avoid a trial which I cannot afford or produce the docs. It seems I have wasted 18 months and all my money to be back at square one. Can you ask for a trial after the judges decision and if so should it have to be relevant to the custody only?
2 Answers from Attorneys
Re: Child custody
You fell for her bluff of demanding a lot of information and making you work for your child. You should have retained an attorney. The attorney would have told what you had to produce, which was probably much less than she demanded. If you give her custody, it may be impossible for you to get custody back.
Re: Child custody
You may modify child custody at any time due to what the law calls a "change in circumstances." A change in circumstances is defined broadly and can include "just about anything." Also, you may ask for a bifurcated trial to be heard on the issue of child custody only.