Legal Question in Family Law in California
I am in a custody/visitation dispute and charged PAS (Parental Alienation Syndrome) on my ex. He is the custodial parent and I am the non-custodial with a parenting plan already in place. I have charged him with contempt of court for not allowing our children to come visit me as part of our agreed arrangements. He claims that over the last few months, I have not contacted the boys or sent gifts and is using that as leverage in our case. The truth to the matter is, that I haven't had any consistency with contact with our children due to ongoing false allegations from the ex and his live-in girlfriend. I have been in and out of court defending myself which have been unfounded.
What can I do to counter claim those statements?
1 Answer from Attorneys
Child custody matters can be the most emotional and heart wrenching of family law cases. You need to be consistent and document any visitations that have been thwarted and show the court that you are not being allowed the court ordered visitations. You can take the other parent to court to let the court know what is happening. When it comes time to having a third party examine the case you would also present that evidence to the third parties to let them know that the other parent is not co parenting and is in fact trying to alienate the child from the other parent.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/