Legal Question in Family Law in California
childrens rights to submit letter to courts
I have sole legal and physical custody of our children. My ex-husband lost his rights when CPS determined that the children were beign abused while on their visits. I have since been granted a move to Tx with the kids. My Ex-husband is now trying to claim alienation and filing for custody for the kids.Ironically this is 2 months after Dept of Child Support garnished his wages. The kids are 14,11,11,and 6. He claims he has not been granted his rights to maintain contact with the kids. The fact is he has only called our home 3 times since we have lived here. He has also failed to come to see the kids as written in the court order. My oldest daughter who will be 15 in September wants to know if she can write a letter to the courts explaining her feelings. She is upset that her father would try to take her away from her mother with whom she has lived with her whole life. Her father had been estranged for many years prior. She has tried to discuss her feelings with him but he told her that is just too bad. As of right now he has supervised visits. We go to court on 02/28 for this matter. Can you please help?
2 Answers from Attorneys
Re: childrens rights to submit letter to courts
Unfortunately there are too many parents of this father's ilk. PLease retain a family law attorney to assist you so that the case can be properly presented to the court and you can continue with your planned move to Texas.
You did not mention the court in which the hearing is scheduled. If it is in the Los Angeles/Orange county area, we would be happy to discuss the matter with you. If you wish to speak with us, please call us at 562/601-8133 and ask for Pam. You can also visit us on the web at Damiannolan.com
In any event, I wish you every success with your planned move.
Regards,
Damian M. Nolan
Re: childrens rights to submit letter to courts
Generally, a judge does not want to hear directly from the child. He will generally hear her desires from an attorney appointed for her or family court services. Procedures may change from county to county. Retain a child custody attorney in the county where the action is pending. It may save you several trips to California and he will know how to handle getting the child's wishes before the court. Good Luck, Pat McCrary
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