Legal Question in Family Law in California

CPS has given sole custody to my husband and they

reside with him and I have visits that are supervised

only.

My children want to live with me and are desperately unhappy

living with their father, can have a court appointed lawyer

and I was wondering if they could set up a meeting with their

lawyer and petition the court to live with me which they

absolutely want. Will the Judge listen to their plea to

live with me regardless of what CPS have written against me

or want?

They are aged 5, 10 and 12.

How much will what they want count and are children's

desires ever taken seriously?


Asked on 5/24/12, 1:12 pm

1 Answer from Attorneys
Michael Schneider Family Law Center

Unfortunately, the court will hear what the children have to say, but, with their age, and the involvement of CPS, the court will not give what they say a lot of weight. Better that you fix whatever issue which gave rise to your children being taken away as a way for you to get your children back. Good luck!

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Answered on 5/24/12, 2:06 pm


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