Legal Question in Family Law in California
My ex-husband in filed to modify our California custody agreement so that he would have sole physical custody of our children using unsubstantiated false information to file the document with a mediation date in 1 week. The kids and I have been living in Nevada. If I want to refute his claims, what do I do?
2 Answers from Attorneys
If he has lied in the mediation report, prove it. He will not be under oath so he might lie again in mediation. Mediation is usually not binding. You want to show could faith so if it does not settle in mediation you look cooperative when you finally get in front of a judge. So, do your homework. You might also want to investigate getting the venue changed to Nevada if that is where you and kids now permanently live. That would force husband to go to Nevada and this might make his interests in litigation wain.
You need to contact a California family law attorney directly. You haven't provided enough information to really give you any advice on your options. If you were divorced in NV, he has no right to maintian an action in CA. If you were divorced in CA, an attorney would need to know all of the proceedural background of how you handled the move to NV, etc., before any advice would be worth anything. Mr. Brear is apparently unfamiliar with the uniform custody laws, however, since if the action was originated in CA, and your husband still lives there, CA has continuing jurisdiction, not NV. You can't move the case to NV from CA unless your ex moves out of CA.