Legal Question in Family Law in California

My daughters dad doesnt have a job, got evicted from his apartment now he is living with his brother and his family and sleeping on a couch at there house and when he has my daughter she sleeps on the couch with him. We have a 50/50 custody agreement but it was never filed with the court cause his lawyer didnt receive payment from him. She is five years old and he takes her over to her friends house and leaves her there dont i have a right to know where she is if he is not with her? I would like to get full custody for her decision making example: where she goes to school, put her in a after school program while im at work, what dr goes to that kind of thing. Also he has not helped pay for her health insurance in over a year should i take him to small claims for that money? I have found a wonderful school and daycare for her so he doesnt have to worry about watching her during the day when she starts kindergarten so he can get back on his feet. can i ask for help with the daycare fee's? Oh and also we live about 20 mins away from each other I dont know if that makes a difference?


Asked on 8/07/10, 11:57 pm

1 Answer from Attorneys

When a child starts kindergarten is a natural time to review the custody agreement and get an order on file with the court. Without knowing the status of your legal proceedings, if any, I can't tell you how exactly to go about that, however. All these issues should be raised in the custody proceedings. As for the insurance, unless there is an order that he pay for it, you can't collect for it. If there was an order, you would enforce it in Family Court, not Small Claims.

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Answered on 8/13/10, 12:20 am


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