Legal Question in Family Law in California

My husband was divorced after having a DNA proving 2 out of 3 were not his kids and given custody of our step son when he was 2 after his mom left him with her mother in order to move in with her new boyfriend and her other 2 kids our court order was she has him every other weekend which she has broken numerous times in the 12 yrs, she later married a immigrant from mexico and her husband was abusive to her and her kids and to my step son he stopped with my s-son when we threaten to call the police next time he put his hands on him in 2010 he was deported to mexico after his kids told their teacher their dad beat there mom the night before after he was deported she traveled to mexico to visit him with the kids and keeps in contact with him over the phone we found out CPS has been involved numerous times with her and her kids to the point that she might lose her kids she has a 15yr old daughter who has tried to kill herself and has been in the hospital because of it, her 12 yr old has issues with behavior and is always getting into trouble she has never allowed my s-son to really be involved in a sport or a social event because of her changing his schedule around we've always made arrangements with her for the sake of my s-son because he loves his siblings but in the last 6-7 months she has picked him up maybe 3-4 times she never calls us we have to call her on his last visit she failed to bring him to our drop off she decided to leave him at my mother in laws house 2 &1/2 hours away from my house on a sunday knowing he had school the next day my husband works and lives out of town 4-5 days out of the week he stays with my mother in law so he had to ask for a day off to bring him home, we crossed words after this last visit i told her to get it together that i was tired of her games and she now wants to follow the court rules but it will last only last till she thinks she has won her point across she demands her parent rights when she's never there not to mention she has never paid her portion of his doctor or dental or anything in 12 yrs what can we do? Can we file here in Fresno county if the divorce and custody was filed in Monterey county what can we do legally?

Cristina,


Asked on 6/11/11, 11:13 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

If the mother continues to reside in Monterey county, then the parenting modification motion would be filed there. Same answer if she has also moved to another county but add to the motion a request for a change of venue to Fresno county. If there is a support or medical bill arrears, add that to either motion to ask to set payments for the arrears. Failure to abide by and order may also justify a contempt motion.

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Answered on 6/12/11, 7:11 am


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