Legal Question in Family Law in California
My daughter Amy (35) has a 15 year old daughter Leah who is now current living with her father (James). Amy and James were never married, Amy married John who had a daughter about the same age as Leah. They (Amy and James) had an amicable relationship until three years ago when Leah just couldn't get along in the house with her step sister and there were also two little ones. Bottom line was that Leah was at the bottom of the feeding order and her step-father just wasn't a good parent. Given the situation, Amy felt that if Leah were living with her father instead of with the step-daughter/step-father, that it would be a better situation for Leah until things settled out. Since then, the father (James) has made life pretty miserable for Amy. Leah is in counseling as she has occastional melt-down. James and his wife (an Attorney) have now been filing court documents to stop the court ordered counseling as the counselor is seeing thru both James and his wife (the Attorney) and their attempts to completely turn Leah against her mother.
James and his attorney wife have just today entered an eleven page declaration to stop the court ordered counseling just before the next court date, which is next Monday. The eleven page documentation is full of half truths and in some cases outright lies. The counselor who Amy today talked to is not happy that the eleven page document says some pretty disparaging things about her. The Counseler indicates that she is not able to write the court and refute those things.
My question's are: Should Amy write her own declaration and submit it to the court?
Should Amy hire an attorney for this effort?
Does Amy have more time to respond than just these few days?
Does the court really read an eleven page single spaced history document full of untruths and really believe it?
Thanks for your help
1 Answer from Attorneys
The court does read declarations. That is why they are being paid over $ 100K/year. It is important to respond and of course an attorney is best fit to help draft a persuasive response. Contact me directly.