Legal Question in Family Law in California
Child Support and Divorce
My first question is about what you say about filing an Order to Show Cause, can you explain me what it will do. If it will take a long time for me to get a legal order to see them? I mean I am desperate to see them and I would like to do something to see them immediately, my son would not even recognize me, he would cry, so I don�t want to wait too long. PLEASE HELP ME.
The second question is if I�ve been separated for more than 2 years and been together with girlfriend for around 2 years. (My girlfriend and I were not together until she left to Arizona) Can she accuse me of cheating? I mean she accused me to the court when she went there. But I met my girlfriend like 4 moths later after she left. Can she accuse me of cheating?
And my third question would be, she left to Arizona and that is why we lets say we broke up. Then I met my girlfriend, but then in that same year I went to Arizona and something happened there that resulted in a baby. So, like I said when she went to court, she accused me of leaving and cheating her, can I prove to the court if they ask me that she was the one she left?. I have letters that she sent me from there at that time. Would they take in consideration that she is lying?
1 Answer from Attorneys
Re: Child Support and Divorce
1. An Order to Show Cause is a document that you draft that gets the issue before the court that you want to have heard. From the date of filing to the date of the hearing is usually about 4 to 8 weeks, depending on how busy the court is where you file. The sooner you file, the sooner you will get an order giving you the right to have visitation.
2. The court doesn't care if anyone had an affair. However, people like to sling mud. As long as anything you didn't didn't cause harm to the children, the court won't care.
3. Again, it doesn't matter who left whom, who had another baby, etc. The court is only going to look at issues regarding custody, visitation and support.
What I think is interesting is that she left and took the child. Did she have an order? Is she allowing you to have visitation? The courts have to take into consideration, in ordering custody and visitation, which parent is most likely to ensure ongoing and continuous contact with the noncustodial parent. If she isn't allowing you to have visitation, then you should ask for custody.
As to the letters proving that she lied, just hold on to them in case you need them.
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