Legal Question in Family Law in California
We have a court order of 50%/50% custody of my 14 year old step-daughter. We moved 55 miles from her mother 1 1/2 yrs. ago and did not inform the court. We drove her to school on our days. However, she came to live with us full time and transferred to a school 6 months ago. Her mother said it was fine if that is what she wanted. Living with her mother was too chaotic because they all argued too much. Step-father was demeaning towards her. My step-daughter could never do anything right in his eyes. The last straw came when step father pushed her and forced the door shut to her room so she couldn't get out. The mother blamed all her marital problems on my step daughter. Now she has started high school and she hates it. She went crying to her mother that she wants to go back. My husband is allowing it because he feels there is no other choice. I don't think that environment is healthy for her. Do we stand a chance at keeping her full time?
1 Answer from Attorneys
I believe you have a chance, based on the limited facts you gave, but this is not going to be a one time in court deal. It doesn't seem that the custody orders have been followed and what you have now is a big mess. People moving, schools being changed, etc. You won't be able to do this without an attorney, that is for sure. Likely what would happen is that you would file an OSC for modification and then ask that a 730 evaluation be done to determine what is best. It is expensive, intensive and lasts about three months. The evaluator tries to determine what would be best for the child when considering all of the information they have gathered. What would be the best strategy for your particular situation, however, would be up to your attorney after they talk to you and get all the facts.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
