Legal Question in Family Law in California
My ex husband is disputing a ruling by a judge on the matter of receiving 90% custody over my son, whom is 6. I had my ex husband served twice to appear in court over the original hearing as mentioned above and he did not show to either hearing. So the judge ruled in my favor. Now as I said he is disputing the ruling. I know he can legally do this but I am wondering, after not showing to two separate hearings, and their already being a judgment, will he be able to win custody back? If he is able to do this, then what is the point in the judges original ruling? By the way the father has no job, no car, and no money. His parents are paying for his lawyer and everything else. Will this influence the judge at all either?
2 Answers from Attorneys
Child custody order are always subject to modification on changed circumstances and the best interests of the child. Your post indicates nothing about what is best for the child.
The judge should not take into consideration the father's financial status or who is paying the lawyer's bill.