Legal Question in Family Law in California

child custody

i found out my ex husband has been slapping our son, i filed modification to have custody visitation changed. since he is claiming that my current husband is hanging out in the nude in front of our daughter and making her drink alcohol. he also is trying to get child support and wants me to pay half of some medical co pays he said he payed, i have proven him to be a liar, he fabricated some receipts and is totally brain washing our daughter. i cant afford a lawyer and fighting this on my own. one lawyer told me i need to file a 70/30? how do i do that , how do i make him give bank statements?


Asked on 3/30/09, 9:20 pm

2 Answers from Attorneys

Garrison Klueck Law & Mediation Offices of Garrison Klueck

Re: child custody

I will address the co-pay issue only. Please look at Family Code section 4063. Generally, to be reimbursed your ex must have made a formal demand on you within 30 days. Generally, this code section is treated as a "use it or lose it" law. If he didn't demand that you reimburse him within 30 days, showing you a copy of a receipt or cancelled check, generally courts will not hold you responsible or demand that you pay him back.

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Answered on 3/31/09, 1:45 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: child custody

Sounds like you need a lawyer whether you want one or not. Call legal aid or look for a low cost/pro bono lawyer if you can't otherwise come up with funds.

To get bank statements, you can serve a subpoena on the bank, which is extremely difficult for a non-lawyer to figure out how to do properly, or you can serve on him a request to produce documents, which you may be able to get some advice on how to do it yourself, but will you ex comply, and if not, it's too much for a non-lawyer to figure out how to enforce it?

Next, its not a 70/30, its a reference to a 730, which refers to an Evidence Code section, which is actually technically incorrect, because whoever told you that is referring to a custody evaluation and that should properly proceed under the Family Code.

To get one of those, you make the request to the judge at a hearing. You may also consider requesting minor's counsel be appointed.

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Answered on 3/31/09, 12:01 am


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