Legal Question in Family Law in California

I have been divorced for almost seven years now in the state of california. I have shared custody with my ex husband since we separated, but the children have always lived with me. He was awarded six non consecutive weeks per year of visitation, and he has only ever used two. He has only called their school twice ever and has had no interest in the legal custody aspect of the childrens lives except to tell me I can't take them out of the state to see their godmother. He has recently filed a petition to gain sole physical custody of the children on false grounds. He says we live in one room, which he has never seen and it is actually a three room apartment. He also says that I am unwilling to work with him when it comes to visitation, which is also untrue since talking with him has always been the his way or no way approach and I always give in because he threatens me with going back to court every conversation. He says that because now that I have remarried and have another child, that he should get the children. I have been a stay at home mom for the last nine years. I am financially stable due to my current husbands income. We are a very close family and are daily around step- grandparents, aunts, uncles, etc. I dedicate my life to my children and always have. He pays very minimal support and has cut their health insurance entirely, yet he can afford to go on vacations to hawaii, mexico, new orleans and northern california, get new tattoos and buy a new car. He is a full time student and only works part time. He willingly left the military to go to school, to get a lower child support payment. My question (s) are; since in the past he has shown no interest in being an active parent except twice a year both leagally and physically, should I ask for sole custody? I know that mediation will not resolve anything, because of his unwillingness to compromise, should I spend wheat little money I have on a lawyer or can I make a good case on my own? I know he has lied about the money he is recieving from grants and scholarships, how do I prove it? Where can I find statutes that will help in my case? Thanks so much for your time. Kais Girl


Asked on 3/16/11, 11:12 am

1 Answer from Attorneys

James Goff James R. Goff, Attorney at Law

The children's father can always seek a change in custody based on changed circumstances. When custody is an issue I cannot imagine proceeding without counsel. The court will determine custody based on the best interest of the children. If they are over 12 their preferences will be considered by the court.

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Answered on 3/27/11, 2:21 pm


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