Legal Question in Family Law in California

There is an existing custody & visitation order in Mendocino County, but the mother & children have uprooted and moved to Humbolt County. Where do we need to file to request visitation & are we filing for a new visitation order in Humbolt or requesting to modify the existing in Mendo?


Asked on 7/08/10, 6:40 pm

2 Answers from Attorneys

It all stays in Mendocino County. Mother is probably in contempt of court for moving without father's consent or a court order. Mother will need to file to modify in Mendocino County and be prepared for a judge to be inclined to order custody to the father due to the contempt. She will have to plead her case for whatever excuse she may have for ignoring the law and the existing order. Father, in the meantime, can file his own motion in Mendocino to modify to get custody if he wants, or whatever new visitation he wants on his own terms, and can file an OSC re: Contempt against mother.

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Answered on 7/08/10, 10:13 pm
Anthony Roach Law Office of Anthony A. Roach

The case stays in Mendocino.

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Answered on 7/13/10, 4:07 pm


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