Legal Question in Family Law in California
I have had full custody of my three children two of them are adults now.
after 10 years their father wants to modify the order to joint custody.
my son is 13 years and does not want a realtionship with him in addition he never excersied his visitation rights
what are the possiblities the judge awarding him custody or changing the order
3 Answers from Attorneys
Slight to none, your ex-husband will need numerous motions, experts, a very expensive lawyer and he probably still won't succeed. At age 13, the judge will ask your son what he wants, which will factor into the judge's decision.
The court will weigh what is the best interests of your son. As part of that analysis, the court would have the parties meet with a family court services mediator. If you are at that stage in this matter, ask the mediator to consider interviewing the child to determine his desires. The mediator will provide that information to the judge. Rarely( if ever) would a judge subject a child to appearing in court to talk directly to the judge.
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