Legal Question in Family Law in California
Hello,
My question is this: I am in the process of obtaining as much information regarding an action I'm about to file against my sons father being in contempt of our cort ordered custody agreement. In gathering all of the information, I have found that his girlfriend at the time signed as "mother" in his last known doctors file, and also signed as "parent/guardian" when enrolling him in school. What are the legalities of this, as she was not married to my sons father and, well, this touching on the original action of contempt, both the schooling change and the doctor change were against my consent. I'm not sure if all of this makes sense, but I've tried my best to explain it all in a nut shell...
Thank you for your time,
Patricia
1 Answer from Attorneys
You should probably contact those agencies to inform them that that person who signed those forms is not the mother and has no legal rights to the child and inform them of who you are. That should probably clear up those issues. The more serious issue is the changing of the school and doctors without your consent if you are the joint legal parent. I am unsure if a contempt is the appropriate remedy, it may be a better solution to file for a motion for custody/visitation enforcement to enforce the original order reagarding the schooling. If there is no original order, I would ask for the court to keep the child in the ones they were enrolled in before, since the change was done without your consent.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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