Legal Question in Family Law in California
My ex has custody of our 3 children. My oldest has been living with me for the past year and has only seen him a handful of times. Now that we are moving out of state she wants to go with me and he says she can, but he won't sign another agreement giving custody back to me and now my youngest also wants to leave him and live with me full time. How quickly can I get a court date to take back custody? The reason he has custody is because I was in an abusive relationship and CPS got involved and in order to get them to leave us alone we decided to give him custody to get them to leave us alone. That was over 2 years ago. Since we've still been sharing custody I never saw any reason to have to go to court to change it back to joint custody.
3 Answers from Attorneys
If he won't voluntarily agree in writing, unfortunately this is what is called a "move away" case. You can probably get a court date within 45 days, however, if he still won't agree, the court may require a child custody evaluation to determine, what is in the childrens best interest, which could problong the case, and be costly. I suggest that you consult with an attorney, and retain one without delay.
BARRY BESSER
(714) 978-1788
www.besserlaw.com
Excellent advice by Mr. Bessler
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