Legal Question in Family Law in California
Custody with a Felony
I have been divorced for 10 yrs. My ex husband has a Felony for Terrorist Threats on me back in 1994. Always has me in court. He now is attempting 2nd try for custody of my 2 children ages 12 & 13. 1st attempt 6/2003 now again 8/2003.(dates correct) Is it important to bring up Felony at this time? I prevailed in June and was NOT awarded Lawyer fees due to his income. I want this to stop, but getting no relief from court. Was told to make my kids go for visits even if they wish not to. Every 1st & 3rd wkend. We live in different states. He was also ordered no alcohol while with children. So much more but not enough space.
2 Answers from Attorneys
Re: Custody with a Felony
In addition to the previous answer, since the children travel from one state to another for visits, request that the receiving parent provide transportation. if the location and distance make it practical request that the children travel by air. This will reduce the amount of travel time and airtravel is still the safest mode of transportation. His prior felony and any abuse of alcohol should have been raised some time ago.
Filing a motion for custody and visitation a second time in two months seems excessive. You should point this out to the court and request an order that he not file another motion without the permission of the court. an attorney would be of great assistance to you and would probably save time and money over the long haul.
Re: Custody with a Felony
You can't stop him from filing requests. But, at the next hearing, explain to the judge that this was the second request in a few months and ask the judge to order a review in the case for one year where no filings by your ex. The judge probably won't do it, but, you should ask. Good luck. Thanks for inquiring.
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