Legal Question in Family Law in California
Child Custody
I am a full-time student, and I have a child which I pay child support. I have joint custody. My situation or question is this. My sons mother joined the navy, she is now married. She thought she was going to Japan, so she called me this past Feb. to inform me of her life changing decision and to send me my child indicating that she didn't know if I would be able to see him for two years. In the mean time, she went to camp, and training, and now she has orders to go to Virginia and the next day she will be going to Asia for 5 months. She called me today, to say send my son home as soon as possible, and her husband would take care of him during this time period. I said, I can continue to take care of my son until she gets back from Asia, but she said, my son will behind in school, because Virginia schools system is ahead of California. My questions is, don't I have a say so in this matter? How did the military accepted her under these conditions? Can I keep my son until she return from Asia.
3 Answers from Attorneys
Re: Child Custody
I would go further than Mr. Gray recommended. You should petition the court for an order requesting a change in custody. Mother is moving around and will be away from the child for s substantial period of time each year. It would appear that you are able to provide a more stable home than mother.
Keeping the child in violation of a custody order can be used against you, in that you do not follow court orders. Courts really dislike people who do not follow any court order.
You should contact an attorney and discuss the facts of your case more fully and then determine the options available to you.
Re: Child Custody
This is a difficult question and I would need more information to answer it properly. However, you, the father, has more right to your child that does the child's step-father, so you probably do not have to return your child now if the mother will not be there.
Re: Child Custody
Dear prospective client:
I would like to know if first, there is a custody order in effect by the court. Second, I like to know who has received physical custody of the minor(s) and who has a visitation order. Third, I like to know what State the court order has been entered, if any. Also, which State has acquired jurisdiction over your family law case. Fourth, where is the permanent residence of the minor(s). These factors and circumstances of your case including residence of each parent will allow establishement or modfication of the custody and visitation. Please call my office for a free office consultation so I can provide you with additional information or a solution to your problem. You may reach me at 310-839-7700. Thank you.
Sincerely,
Nina N. Gohari, Esq.
Law Office of Nina N. Gohari
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