Legal Question in Family Law in California
Hello, I am hoping you can help... I don't know where to get answers.. My daughter is involved in a relationship which I believe my grand kids are in mental danger. She left the father of her kids because he was cheating. Now she has allowed them to spend one week with him and one week with her. This is not working for her, his fiancee is letting the kids call her mom and when they drop the kids off they don't want to go with her they want to stay with mommy Nichole not Evette(real mom) . the kids are 4 and 2. The 4 year old comes back not even speaking to Evette. and The 2 year old cry for mommy Nichole. She has told them time and time again not to let them call her mommy. Evette has a full time job, and they give the excuse that nicole spends more time. Evette is scared since he participates that he has this right, Not true. This is not a legal action just mutual. Now the ex want to move 45 mins. away and move the kids from there mom and school. He can't do that? The girlfriend gets involved in the kids school activities and pretends she is there mom. Evette disapproves of this and has told them time and time again, It's like the girl feels these are her kids and gives evette no respect. Evette does no drugs, just works and cares for the kids when she has them. She is a good mommy when she has them. Where can she go for help. she makes too much for a public defender but can't afford a lawyer $4000. Where can she get legal help? or what should she do?
1 Answer from Attorneys
Four and two is too young to be on a week-on-week-off schedule. She needs to file for a custody modification, and probably for some counseling for the kids. Unfortunately this is an area where going in on your own is really tough to do successfully. If she really can't find an attorney, every court now has a Family Law Facilitator office that will help you through the paperwork and proceedure, though not give legal advice. If she really cares about the girls and really believes something needs to be done, however, she should find a way to get a lawyer.