Legal Question in Family Law in California
My childs mother has served me with custody papers forms FL-310 and 311. We went to mediation and she tells me for the first time that she is moving out of town and wants to take the child with her all summer and possibly longer. The child has lived with me her entire life. Currently she sees her mother about every other weekend. She does not have a home and stays with friends, and recently my child has been telling me that her mother is abusive and covered her mouth and nose because she was crying. A report has been made to Child Protective Services but no action on their part has been made yet. I fear for my childs safety should she be allowed to stay with the mother for any long period of time especially out of town. Our court date is next week. I;'ve been in the courts over custody before and they dont let you say much so how can i prove to the courts that the mother is unstable and should not be allowed to take the child should CPS not respond in time??
1 Answer from Attorneys
This reply should not replace the legal advice you should seek in an office consultation with an attorney skilled in family law.
The first step the court expects the parents to take before going to hearing on a child custody matter is to meet with court mediators assigned to help the parents attempt to settle their parenting issues. If this meeting does not produce an agreement, you can ask the court to request an evaluator to be appointed to assist the court in determining the best placement arrangement for the child.
Child custody evaluations must be paid for by the parties typically with the requesting party advancing the costs. Child custody evaluations (at least in Northern CA) can start at 5-6 thousand dollars.
If you do not have the money for an evaluation, you still have a right to a hearing and to present evidence and witnesses. If you represent yourself, you will be held to same standard as an attorney.
Your situation sounds complicated. I strongly urge you to get an attorney to help you.
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