Legal Question in Family Law in California
My soon to be ex-husband and I have joint legal custody of our 14 yr old (15 next month) daughter and I have full physical custody. She was recently diagnosed with vision problems and will be going through vision therapy. The doctor recommended 45 minutes on and 15 off. I am also moving out of the school district to the next district over (20 minutes away), and want to enroll her in an online accredited school due to their ability to accommodate her eye problems, as well as not being able to drive her to her current school. However, my soon to be ex-husband is fighting this. Is there anything i can do about it. He filed an ex-parte motion stating that because he still lives in the district that he wants 100% custody. There is a history of physical and emotional abuse by him towards her, but the court has yet to hear her case. Is it possible to find a pro-bono attorney for minors counsel?
3 Answers from Attorneys
Minors counsel is a two edged sword. This attorney has the obligation to advocate what would be in the child's best interest. Many times parents mistakenly believe the children's attorney will support their position when in fact the position they support may not actually support either parent! Minors counsel is not free. The court would typically order one or both parents to pay those attorney fees. Rather than focusing on an attorney for your child, you should hire an experienced family law attorney to protect your legal rights.
Since your zip code is San Diego County, I will assume that your case is filed in San Diego County. The court system has drastically reduced the use of minor's counsel and if one is appointed that attorney would be paid by the parties. Since you have physical custody you have a presumptive right to move, however, this is an issue that the court has jurisdiction to decide since you have joint custody. Your case is a move-away type of case which can potentially take several months. I have taught two seminars to attorneys on such cases in the El Cajon court and can tell you that no one can give you a definitive answer on this. You need an attorney to represent you. Good Luck, Pat McCrary