Legal Question in Family Law in California
I filed for divorce 4 years ago. It is still pending in Los Angeles County. We have 1 child who is almost 7 years old and has lived solely with me (mother) since she was 6 months old. There is no custody order in place and we had just been working together for his visitations (he was basically able to see her whenever he wanted). There is also no support order in place. We had had a verbal agreement and he had been paying the agreed upon amount and 1/2 of daycare for the past few years. However, he has recently obtained an attorney, stopped paying child support and has begun making demands and threats in order for me to begin receiving support again. I have been advised by a couple of people at the Department of Child Support Services that based upon his behavior he seems to be fitting the pattern of a parent that may come and "take" her from me and that because there is no custody order in place he could legally do so. Now he is demanding that I give him all of the information on her school and after school daycare (which I had actually given him when she began attending each) and also the name and phone number of the counselor her and I have been seeing. I have told him that just as there is no court order saying that he has to provide support for his daughter, there is also no order in place saying that i must provide him with this information. From a legal standpoint does is my logic accurate? Thank you for any assistance you may be able to provide.
1 Answer from Attorneys
Yes, your logic is accurate, but relying on it would be incredibly foolish. Get into court, WITH a lawyer, IMMEDIATELY and get emergency ex parte orders in place NOW. Do NOT stand on your logic and expect him to just go with it. If you don't have the power of the court's orders behind you, he can do whatever he wants other than violence and he will get away with it.