Legal Question in Family Law in California

Hello,

I have court for my child custody, and child support for my 2 year old son later this month. I have alot of problems with my sons father, he doesnt pick him up, and he doesnt want to cooperate with child day care for my son. We had 50/50 legal and physical custody when my son was born but he didnt follow through with the orders, i getting them modified and now were going to court. We already went through mediation and he states he has a lawyer, and he was complaining about paying half of the daycare for our son. He doesnt want to take our son more than 2 days a week because he claims he doesnt have any one to watch him. I dont either, we both work and i need his help with our son. Now my question is, what is his lawyer going to fight about? So far i have been there for my son since day one and i have been a good mother, i go to college and i work full time. What can he possibly do with a lawyer? Can he get away with not helping me if he makes way more than me and is only taking care of his mom that doesnt want to work and his sisters that work and make good income? What should i look out for when i go to court? Please help. Thank you.


Asked on 9/18/11, 10:49 pm

3 Answers from Attorneys

You should get a lawyer. No matter how right you are, and no matter what the true facts and circumstances are, going up against a lawyer without a lawyer of your own, almost guarantees you will get a bad result. If he makes way more than you, the court will often order him to reimburse some or all of your attorneys fees, particularly if you prevail.

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Answered on 9/18/11, 11:20 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Even if he did not have a lawyer, you lack of skilled representation blinds you to your legal rights and remedies. Preparing a case and going into court is a kinetic experience and elements are always changing as are the legal interpretations of the next move. Litigants mistakenly believe the judge is there to actively protect your legal rights. That belief is only half correct. The judge can only rule on the information presented to the court. If your legal position is not well thought out or argued, you can be faced with a disappointing result.

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Answered on 9/19/11, 7:15 am


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