Legal Question in Family Law in California
my husband and i have an old custody order from 2002. its is 50/50 joint legal and physical. a few years ago in 08 we reconciled and lived together then had two new babys as of 2010. As of Aug 10th, 2011 we have split for good due to domestic violence commited against me and the kids. unfortunately the judge didnt extend the restraining ordor despite evidence witnesses and our oldest childs testimony. my husband is very smug about it. at the time when our daughter was going to start school back in 04' the judge said my husband could pick the school where he lived because he had her 12 extra school hours then i did and would attend in the city he resided. but he no longer lives in the area. he moved out of the custody agreements city where she should attend. and zoning laws say she should can only attend where she lives which is with me. it also says that this order stay pending further agreement from both parents. since that time he has given up his welfare benifits since only one parent with the child living with them can have the benifits. and acknowledge with the social service department that she lived with me full time. as well as swore under oath in a hearing for housing that she lived with me full time. So theres evidence that he admits she was and still is living with me. my current question is if my daughter refuses to leave with or see her father and the police will not make her go with him and is with me daily. shouldnt she be in school where i live? but he keeps going to the school district waving the old order around shouting "sue, sue, sue." so the district dropped her fearing the judge. i tried holding an ex party hearing but we where denied pending future hearing already set late in october. i just cannot wait that long. my daughter has been out of school for a week now and no future for a school in sight. everyone tells me the old order is void considering everything, but until the judge orders otherwise it sticks. what can i do and which of my rights are being violated. im in a catch 22 since she lives with me but cannot attend with me and cannot be registered under her father because she doesnt live with him. HELP! he threatens me that im violating a court order. but i cant force her or kick her out either, she's just 11 years old. please help.
2 Answer from Attorneys
You really need the assistance of a skilled family law attorney to return to court and address father's behavior and the child's unwillingness to visit with her father due to his abusive behavior. You can also ask the court to order father not to contact the school due to his past behavior.
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